TORONTO, December 30, 2024 /PRNewswire/ – FTI Consulting (NYSE:) Canada Inc.in the capacity of a court-appointed observer (in that capacity, “Monitor“) by Chesswood Group Limited, Case Funding Inc., Chesswood Holdings Ltd., Chesswood US Acquisitionco Ltd., Pawnee Leasing Corporation, Lease-Win Limited, Windset Capital Corporation, Tandem Finance, Inc., Chesswood Capital Management Inc., Chesswood Capital Management USA Inc., Rifco National Auto Finance Corporation, Rifco Inc., Waypoint Investment Partners Inc. and 1000390232 Ontario Inc. (together, “CCAA parties“) in accordance with Settlement of creditors of companies Act, RSC 1985, c. C-36, as amended (“CCAA“), conducts the sales and investment search procedure (“SISP“) with respect to certain CCAA Parties. The SISP is intended to solicit interests and opportunities for: (i) one or more sales or partial sales of all, substantially all or certain portions of their assets or business operations; and/or (ii) investing in, restructuring , recapitalization, refinancing or other form of reorganization of the applicable CCAA parties or their business operations, or any combination thereof.
On October 29, 2024the Ontario Supreme Court of Justice (Commercial list) (“Court“) issued an Initial Order pursuant to the CCAA with respect to the CCAA Parties (“Initial order“, and thus the procedure under the ZUAA was initiated, “Proceedings of the CCAA“), which was subsequently amended and restated. The CCAA proceeding was recognized as a foreign main proceeding pursuant to the Final Order US Bankruptcy Court for the district Delaware (“OUR Court“) under Chapter 15 of Title 11 of the United States Code (such proceedings pred OUR Court, “Chapter 15. Proceedings“).
The SISP and related bidding procedures were approved by the court in accordance with the Order on the Approval of the SISP dated December 19, 2024made in a CCAA proceeding (“Order for approval of SISP“). The SISP and associated bidding procedures specify the manner in which interested parties may be provided with the opportunity to participate in the SISP and submit bids, including receipt of a process summary describing the opportunity and access to the virtual data room upon execution of a non-disclosure agreement (“NDA“) acceptable to Monitor. All interested parties are encouraged to submit bids based on any form of opportunity they may choose to advance in accordance with the SISP.
Interested parties who wish to submit an offer to the SISP must submit an executed NDA in accordance with the SISP. Final binding offers are due no later than 17:00 hours (Prevailing Eastern Time) on January 20, 2025unless extended in accordance with the terms of the SISP. Interested parties should contact SISP for information regarding other important deadlines and processes therein.
Those interested in participating in SISP can contact the Monitor for additional information at:
FTI Consulting Canada Inc.
79 Wellington Street West
Apartment 2010, PO Box 104
Toronto, ON M5K 1G8
Attention: Dean Mullett
Email: Dean.Mullett@fticonsulting.com
Attention: Richard Kim
Email: Richard.Kim@fticonsulting.com
|
Copies of the Initial Order, the Amended and Restated Initial Order, the SISP Approval Order, the SISP and related materials may be obtained from the Monitor’s website at: http://cfcanada.fticonsulting.com/Chesswood/.
About Chesswood Group Limited
Chesswood Group Limited is a Toronto, Canada a holding company with headquarters whose subsidiaries are engaged in the business of special financing (including equipment financing throughout North America and vehicle financing and legal sector financing in Canada), as well as creating and managing private credit alternatives for North American investors.
Notice of Forward-Looking Statements
Information in this press release that is not current or historical factual information may constitute forward-looking information within the meaning of the securities laws. This information implies assumptions about our future operating results. These assumptions, although considered reasonable by the parties to the CCAA at the time of preparation, may prove to be incorrect. Readers are cautioned that the actual performance of the CCAA Parties is subject to a number of risks and uncertainties, including with respect to the outcome of the SISP, the CCAA Proceedings and Chapter 15 Proceedings, and any potential recovery to the CCAA Parties’ stakeholders, and results could differ materially. which is currently expected as stated above.
The forward-looking information contained in this press release is based on our current estimates, expectations and projections, which we believe are reasonable as of the current date. You should not place undue importance on forward-looking information and should not rely on such information as of any other date. Although we may choose to do so, we have no obligation and undertake no obligation to update this information at any particular time, whether as a result of new information, future events or otherwise, except as required by applicable securities laws.
No stock exchange, securities commission or other regulatory body has approved or disapproved of the information contained herein.