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Canadian Asset-Backed Commercial Paper CCAA Proceedings


Pursuant to an order (the “Initial Order”) of the Ontario Superior Court of Justice (Commercial List) (the “Court”) on March 17, 2008 Ernst & Young Inc. was appointed as Monitor of Metcalfe & Mansfield Alternative Investments II Corp. et al, issuer trustees of the following Conduit Trusts:

Apollo Trust Ironstone Trust Silverstone Trust
Apsley Trust MMAI-I Trust Slate Trust
Aria Trust Newshore Canadian Trust Structured Asset Trust
Aurora Trust Opus Trust Structured Investment Trust III
Comet Trust Planet Trust Symphony Trust
Encore Trust Rocket Trust Whitehall Trust
Gemini Trust Selkirk Funding Trust

A plan of compromise and arrangement (the “Plan”) has been proposed by the Pan-Canadian Investors Committee for Third-Party Structured Asset-Backed Commercial Paper (the “Investors Committee”) pursuant to the Companies’ Creditors Arrangement Act (Canada) (“CCAA”) in respect of the outstanding third-party asset-backed commercial paper debt obligations of the above referenced Issuer Trustees, including applicable floating rate notes, liquidity notes and subordinated notes (collectively, the “Affected ABCP”).  A meeting for holders of Affected ABCP (“Noteholders”) to consider and vote on the Plan will be held at 10:00 a.m. (Toronto time) on April 25, 2008 at The Fairmont Royal York, 100 Front Street West, Toronto, Ontario.

Key Documents
The following key documents related to the CCAA proceedings for Affected ABCP can be downloaded in PDF form below:

Key Documents and INFORMATION STATEMENT

Additional key documents will be made available here as they are finalized.

Noteholder Data Room
Certain information pertaining to the assets underlying the Affected ABCP which was used in the formation of the Plan and the creation of the Information Statement has been posted in an electronic Noteholder Data Room maintained by the Monitor. The Noteholder Data Room is not available to the public and may be accessed only by Noteholders.

The information in the Noteholder Data Room is provided pursuant to a confidentiality agreement (the “Information CA”) between the Monitor and the parties (the “Information Providers”) making that information available to the Monitor. Pursuant to the Information CA, certain information may not initially be available due to confidentiality requirements imposed on the Information Providers by other parties, although efforts are being made to allow the disclosure of all such information in the Noteholder Data Room.

A link to the Noteholder Data Room is provided below. Conditions for access to the Noteholder Data Room, pursuant to the Information CA, are as follows:

  • Noteholders who provided confirmatory details of their holdings to Ernst & Young Inc. prior to these CCAA proceedings and obtained access to the electronic data room previously maintained by Ernst & Young Inc. will have access to the Noteholder Data Room without needing to take any further action, using the same ID and Password they used previously; and
  • Other holders of Affected ABCP may gain access to the Noteholder Data Room by contacting the Monitor at 1-888-373-6213. In order to obtain access, Noteholders must provide the Monitor with their contact particulars and must provide satisfactory evidence to the Monitor of their ownership of Affected ABCP. The Monitor anticipates that it will be able to grant access to Noteholders within two (2) business days after being provided with satisfactory evidence of ownership. Before accessing the information in the Noteholder Data Room, Noteholders will also be required to agree to the specific terms of use and confidentiality posted on the Noteholder Data Room, including (a) confirmation by the Noteholder that it is in fact a holder of Affected ABCP, (b) the agreement that Noteholder will not use the information for any purpose other than making an informed decision as to whether the Noteholder should support the Plan; and (c) the agreement that the Noteholder will notify the Monitor immediately if the Noteholder ceases to hold the Affected ABCP.

Noteholder Data Room


Public Information
Information made publicly available in these CCAA proceedings, or to information made publicly available prior to these CCAA proceedings by Ernst & Young Inc. in its capacity as advisor to the Investors Committee, can be accessed by clicking the link below.

ABCP Document Centre

 



Pierre Laporte
514-874-4383
Ernst & Young refers to one or more of the member firms of Ernst & Young Global Limited (EYG), a UK private company limited by guarantee. EYG is the principal governance entity of the global Ernst & Young organization and does not provide any services to clients. Services are provided by EYG member firms. Each of EYG and its member firms is a separate legal entity and has no liability for another such entity's acts or omissions. Certain content on this site may have been prepared by one or more EYG member firms.