Xinergy Ltd. 

April 6, 2015 - On April 6, 2015 (the "Petition Date"), Xinergy Ltd., which is incorporated pursuant to the laws of the Province of Ontario ("Xinergy" or the "Applicant"), and 25 subsidiaries of Xinergy incorporated in the United States commenced voluntary reorganization proceedings (the "Chapter 11 Proceedings") in the United States Bankruptcy Court for the Western District of Virginia (the "U.S. Court") by each filing a voluntary petition for relief under Chapter 11 of title 11 of the United States Code. 

April 14, 2015 - On April 14, 2015, Xinergy commenced an application before the Ontario Superior Court of Justice (Commercial List) (the "Court") pursuant to Part IV of the Companies' Creditors Arrangement Act ("CCAA") for the following relief and orders:

• An initial recognition order (the "Initial Recognition Order"), inter alia: 
• Declaring that the Applicant is the "foreign representative" as such term is defined in section 45 of the CCAA; 
• Declaring that the centre of main interests for Xinergy is the United States, and declaring that the Chapter 11 Proceedings are recognized as a     "foreign main proceeding" as such term is defined in section 45 of  the CCAA; 
• Staying, until further Court order, all actions and proceedings against Xinergy in accordance with section 48 of the CCAA; and
• Prohibiting Xinergy from selling or otherwise disposing of (A) any of its property in Canada related to the business outside the ordinary course of its business, and (B) any of its other property in Canada.
• A supplemental order (the "Supplemental Order") pursuant to section 49 of the CCAA, inter alia:
• Recognizing in Canada and giving full force and effect certain orders of the U.S. Court made in the Chapter 11 Proceedings;
• Appointing Deloitte Restructuring Inc. as the Information Officer in respect of this proceeding;
• Staying any claims, rights, liens, or proceedings against or in respect of Xinergy, the business and property of Xinergy, and Xinergy's directors and officers; 
• Restraining the right of any person or entity to, among other things, discontinue or terminate any supply of products or services to Xinergy;

April 23, 2015 - On April 23, 2015, the Court granted the relief requested by Xinergy and issued the Initial Recognition Order and Supplemental Order.  

Contact

For any inquiries regarding the Canadian CCAA reorganization proceedings, please contact:

Deloitte Restructuring Inc.

8 Adelaide Street West, Suite 200

Toronto, Ontario  M5H 0A9

Attention: Hartley Bricks

Telephone: 416-775-7326

Email: hbricks@deloitte.ca

Documents

U.S. Court Documentation

For copies of all Orders entered by the U.S. Court in connection with the Chapter 11 Proceedings, please refer to the following website: https://www.americanlegal.com/xinergy. 

Court Documents