You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page.
Turn on more accessible mode
Turn off more accessible mode
Skip Ribbon Commands
Skip to main content
Turn off Animations
Turn on Animations
SharePoint
Sign In
Follow
It looks like your browser does not have JavaScript enabled. Please turn on JavaScript and try again.
Insolvency
English
Français
Deloitte
Insolvency
Search Current Proceedings
About Restructuring Services
Contact Us
close
print
XEBEC ADSORPTION INC. & Al.
Introduction and Overview
Introduction and Overview
On September 29, 2022, the Petitioners, Xebec Adsorption Inc., Xebec RNG Holdings Inc., Applied Compression Systems Ltd., Compressed Air International Inc., Xebec Holding USA Inc., Enerphase Industrial Solutions Inc., CDA Systems, LLC, Xebec Adsorption USA Inc.,
The Titus Company, Nortekbelair Corporation, XBC Flow Services – Wisconsin Inc., California Compression, LLC and Xebec Systems USA, LLC hereby sought and obtained a First Day Initial Order under the Companies' Creditors Arrangement Act ("
CCAA
") from the Quebec Superior Court (Commercial Division), district of Montréal (the "
Court
").
Contact Information
Contact Information
Email: xebec_ccaa@deloitte.ca
Phone number: 514-393-6722
Toll Free number:
1-
888-393-6722
Documents
The documents hosted on this page may not meet Provincial Accessibility standards. We will respond to any requests for accessible formats regarding public documents and address those requests in a timely and appropriate manner. Please contact us at
ashkeene@deloitte.ca
.
1)
Court Orders
Court Orders
First Day Initial Order dated September 29, 2022
Bidding Procedures Order dated September 29, 2022
Order Extending the Stay of Proceedings dated October 7, 2022
Amended and Restated Initial Order dated October 20, 2022
Reasons for issuing the Amended Restated Initial Order dated October 24, 2022
Order Extending the Stay of Proceedings and Granting Ancillary Relief dated November 28, 2022
Reasons for Extending the Stay Period and Judgment on the Urgent Ex Parte Application for Investigation dated November 29, 2022
Approval and Vesting Order in Respect of the Assets of Applied Compression Systems Ltd. dated February 3, 2023
Second Amended and Restated Initial Order dated February 3, 2023
Third Amended and Restated Initial Order dated February 13, 2023
Approval and Vesting Order in Respect of GNR LP dated February 13, 2023
Approval, Vesting and Assignment Order in Respect of the Assets of CDA Systems, LLC and California Compression LLC dated February 13, 2023
Reasons for Issuing the Amended Restated Initial Order Dated October 20, 2022 dated February 17, 2023
Approval, Vesting and Assignment Order in Respect of the Assets of Xebec Adsorption Inc. and Compressed Air International Inc. dated February 17, 2023
Rectification of the Jugdment Rendered on February 17, 2023 dated February 17, 2023
Approval, Vesting and Assigment Order in Respect of the Assets of XBC Flow Services - Wisconsin Inc. dated March 16, 2023
Approval, Vesting and Assigment Order in Respect of the Assets of Xebec Systems, USA LLC dated March 16, 2023
Approval, Vesting and Assigment Order in Respect of the Assets of the Titus Company dated March 16, 2023
Wage Earner Protection Program Act Order dated March 16, 2023
Order Authorizing the Monitor to Pay Certain Amounts Owed to Beneficiairies of CCAA Charges dated March 16, 2023
Fourth Amended and Restated Initial Order dated March 16, 2023
Order Directing Payment in Trust to the Court Appointed Monitor dated March 16, 2023
Fifth Amended and Restated Initial Order dated March 27, 2023
Order Authorizing the Monitor to Pay Amounts Owed Under the Third DIP Facility and Secured by the Third DIP Charge dated May 5, 2023
Order Extending the Stay of Proceedings dated May 5, 2023
Order Partially Lifting the Stay Proceedings (Class Action Settlement) dated May 5, 2023
Approval and Vesting Order in Respect of Biostream Assets of FormerXBC Systems USA, LLC (Formely Xebec Systems USA, LLC) dated May 24, 2023
Claims Procedure Order dated May 24, 2023
Order Authorizing the use of Net Proceeds to Fund Cash-Flow Requirements dated May 24, 2023
Order Extending the Stay of Proceedings dated May 24, 2023
2)
Motion Materials
Motion Materials
Application for the Issuance of a First Day Initial Order, a Deemed Extension of the Stay Period and a Bidding Procedures Order dated September 28, 2022
Application for an Extension of the Stay of Proceedings dated October 4, 2022
Application for the Issuance of an Amended and Restated Initial Order dated October 18, 2022
Application for an Extension of the Stay of Proceeding to Certain Third Parties dated October 18 2022
Application for an Extension of the Stay of Proceeding and for Ancillary Relief dated November 22, 2022
Application for the Issuance of a Second Amended and Restated Initial Order and an Approval and Vesting Order dated January 28, 2023
Amended Application for the Issuance of a Second Amended and Restated Initial Order and an Approval Vesting Order dated February 1, 2023
Application for the Issuance of a Third Amended and Restated Initial Order and Approval and Vesting Orders dated February 8, 2023
Application of the Monitor for Authorization to Make Payments in Connection with the CCAA Charges and Related Relief dated March 10, 2023
Application for the Issuance of a Fourth Amended and Restated Initial Order, Approval and Vesting Orders, a Wage Earner Protection Program Act Order and Ancillary Relief dated March 11, 2023
Urgent Application for the Issuance of an Order Directing Payment
In Trust
to the Court-Appointed Monitor (London RNG) dated March 14, 2023
Amended Application for the Issuance of a Fourth Amended and Restated Initial Order, Approval and Vesting Orders, a Wage Earner Protection Program Act Order and Ancillary Relief dated March 15, 2023
Application for the Issuance of a Fifth Amended and Restated Initial Order (Interim Financing) dated March 22, 2023
Amended List of Exhibits dated March 27, 2023
Application of the Monitor for Authorization to Make Payments in Connection with the Third DIP Facility and the Third DIP Charge dated April 28, 2023
Application for a
De Bene Esse
Authorization to Execute a Settlement Agreement and for a Partial Lift to the Stay of Proceedings dated April 28, 2023
Application for an Extension of the Stay of Proceedings dated April 28, 2023
Application for (I) an Extension of the Stay of Proceedings, (II) the Establishment of a Claims Process, (III) the Authorization to use Net Proceeds to Fund Cash-Flow Requirements and (IV) the Issuance of an Approval and Vesting Order in Respect of Biostream Assets of FormerXBC Systems USA, LLC (Formely Xebec Systems USA, LLC) dated May 19, 2023
3)
Reports
Reports
First Report to the Court submitted by Deloitte Restructuring Inc. in its Capacity as Proposed Monitor dated September 29, 2022
Second Report to the Court submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated October 6, 2022
Third Report to the Court submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated October 19, 2022
Fourth Report to the Court submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated November 24, 2022
Fifth Report to the Court submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated February 1, 2023
Sixth Report to the Court Submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated February 10, 2023
Seventh Report to the Court Submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated March 15, 2023
Eighth Report to the Court Submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated March 24, 2023
Ninth Report to the Court Submitted by Deloitte Restructuring Inc. in its Capacity as Monitor dated May 3, 2023
Tenth Report to the Court Submittted by Deloitte Restructuring Inc. in its Capacity as Monitor dated May 19, 2023
4)
Notices and Other Documents
Notices and Other Documents
Notice to Creditors dated October 3, 2022
List of Creditors dated October 3, 2022
Notice of Sale and Investment Sollicitation Process Xebec Adsorption Inc. & AL. dated October 13, 2022
Urgent Ex Parte Application for Investigation dated November 23, 2022
Certificate of the Monitor (ACS Transaction) dated February 7, 2023
Certificate of the Monitor (FSTQ & GNR Transaction) dated February 15, 2023
Certificate of the Monitor (Sullair Transaction) dated February 21, 2023
Certificate of the Monitor (First Reduction of the Administration Charge) dated February 21, 2023
Certificate of the Monitor (Ivys Transaction) dated February 27, 2023
Certificate of the Monitor (Second Reduction of the Administration Charge) dated March 17, 2023
Certificate of the Monitor (Fluid-Air Transaction) dated March 21, 2023
Certificate of the Monitor (Cancellation and Discharge of the Transaction Charge) dated March 23, 2023
Certificate of the Monitor (Cancellation and Discharge of the DIP Charge) dated March 23, 2023
Certificate of the Monitor (Cancellation and Discharge of the Second DIP Charge) dated March 23, 2023
Certificate of the Monitor (Total Energy Transaction (XBC)) dated March 24, 2023
Certificate of the Monitor (Reduction of the KERP Charge) dated March 24, 2023
Certificate of the Monitor (EnergyLink Transaction) dated April 5, 2023
Certificate of the Monitor (Third Reduction of the Administration Charge) dated April 13, 2023
Certificate of the Monitor (Second Reduction of the KERP Charge) dated April 13, 2023
Certificate of the Monitor (Fourth Reduction of the Administration Charge) dated May 3, 2023
Certificate of the Monitor (Cancellation and Discharge of the Third DIP Charge) dated May 8, 2023
5)
Service Lists
Service Lists
Service List
6)
Chapter 15 - USA
Relevant Links
Orders
Order (A) Directing Joint Administration of Cases under Chapter 15 of the Bankruptcy Code and (B) Authorizing the filing of a Consolidated List under Bankruptcy Rule 1007 dated September 30, 2022
Order (A) Scheduling Recognition Hearing and (B) Specifying Form and Manner of Service of Notice
dated October 3, 2022
Order Granting Recognition of Foreign Main Proceeding and Certain Related Relief dated October 27, 2022
Order Granting Interim Relief Recognizing and Enforcing DIP Financing Authorized Under Amended and Restated CCAA Order dated November 2, 2022
Order Granting Final Relief Recognizing and Enforcing DIP Financing Authorized Under Amended and Restated CCAA Order dated November 22, 2022
Order (A) Approving Noticing Procedures for Debtors' Motion for (I) Approval of the Sale of Debtors' Assets; and (II) Recognition and Enforcement of Canadian Court Order Approving the Sale; (B) Setting a Sale Hearing; and (C) Granting Related Relief dated January 9, 2023
Order Granting Motion of RCG USA for Relief from the Stay Authorized Pursuant to Section 1520 of the Bankruptcy Code to Commence Mechanic's Lien Foreclosure Actions Against Non-Debtor Property Owners dated January 10, 2023
Order Approving Motion to Shorten Notice With Respect to Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Third Amended and Restated CCAA Order; and (II) Authorizing Junior DIP Financing dated February 13, 2023
Order (I) Recognizing and Enforcing Third Amended and Restated CCAA Order; and (II) Authorizing Junior DIP Financing dated February 16, 2023
Order (I) Recognizing and Enforcing the CCAA Vesting Order; (II) Approving the Sale of Certain of the Debtors' Assets Free and Clear of Any and All Liens, Claims, and Encumbrances; (III) Approving the Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated February 16, 2023
Order Approving Motion to Shorten Notice with Respect to Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Fifth and Restated CCAA Order; and (II) Auhorizing Third DIP Financing dated March 24, 2023
Order Amending Case Caption dated March 31, 2023
Order (I) Recognizing and Enforcing the CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor XBC Flow Services - Wisconsin Inc.'s Assets Free and Clear of any and all Liens, Claims, and Encumbrances; (III) Approving the Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated March 31, 2023
Order (I) Recognizing and Enforcing the CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor Systems USA LLC's Assets Free and Clear of any and all Liens, Claims, and Encumbrances; (III) Approving the Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated March 31, 2023
Order (I) Recognizing and Enforcing the CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor The Titus Company's Assets Free and Clear of any and all Liens, Claims, and Encumbrances; (III) Approving the Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated March 31, 2023
Order (I) Recognizing and Enforcing Fifth Amended and Restated CCAA Order; and (II) Authorizing Third DIP Financing dated April 4, 2023
Order Granting Air Products & Chemicals, Inc.'s Request to Modify the Automatic Stay dated April 6, 2023
Order Approving Stipulation by and Between the Foreign Representative and Keybank National Association Granting Relief from the Automatic Stay to Terminate of Certain Service Agreement and Schedules dated April 26, 2023
Motion
Motion for Recognition of Foreign Main Proceeding and Request for Certain Related Relief
dated September 30, 2022
Motion for Order (A) Scheduling Hearing on Recognition of Chapter 15 Petitions and (B) Specifying Form and Manner of Service of Notice
dated September 30, 2022
Motion for an Order (A) Directing Joint Administration of Cases Under Chapter 15 of the Bankruptcy Code and (B) Authorizing the Filing of a Consolidated List under Bankruptcy Rule 1007
dated September 30, 2022
Foreign Representative's Motion for Interim and Final Relief Recognizing and Enforcing DIP Financing Authorized Under Amended and Restated CCAA Order dated October 26, 2022
Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Third Amended and Restated CCAA Order; and (II) Authorizing Junior DIP Financing dated February 10, 2023
Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor Xebec Systems USA LLC's Assets Free and Clear of Any and All Liens, Claims, and Encumbrances; (III) Approving Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated March 15, 2023
Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor the Titus Company's Assets Free and Clear of Any and All Liens, Claims, and Encubrances; (III) Approving Assumption and Assignment of Certain Contrats; and (IV) Granting Related Relief dated March 15, 2023
Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor XBC Flow Services-Wisconsin Inc.'s Assets Free and Clear of Any and All Liens, Claims, and Encubrances; (III) Approving Assumption and Assignment of Certain
Contrats; and (IV) Granting Related Relief dated March 15, 2023
Motion of the Foreign Representative to Amend the Case Caption dated March 22, 2023
Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Fifth Amended and Restated CCAA Order; and (II) Authorizing Third DIP Financing dated March 23, 2023
Motion to Shorten Notice with Respect to Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Fifth Amended and Restated CCAA Order; and (II) Authorizing Third DIP Financing dated March 23, 2023
Foreign Representatives' Motion for Entry of an Order (I) Recognizing and Enforcing Claims Procedure Order; and (II) Granting Related Relief dated May 24, 2023
Notice
Notice of Motion for Entry of an Order (A) Approving Procedures for Debtors' Motion for (I) Approval of the Sale of Debtors' Assets; and (II) Recognition and Enforcement of Canadian Court Order Approving the Sale; (B) Setting a Sale Hearing; and (C) Granting Related Relief dated December 21, 2022
Notice of Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of the Debtors' Assets Free and Clear of Liens, Claims, and Encumbrance; (III) Approving Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated February 10, 2023
Notice of Assumption and Assignment and Cure Amounts with Respect to Executory Contracts and Unexpired Leases of the Debtors dated March 15, 2023
Notice of Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor Xebec Systems USA LLC's Assets Free and Clear of Any and All Liens, Claims, and Encumbrances; (III) Approving Assumption and Assignment of Certain Contracts; and (IV) Granting Related Relief dated March 15, 2023
Notice of Assumption and Assignment and Cure Amounts with Respect to Executory Contracts and Unexpired Leases of the Debtors dated March 15, 2023
Notice of Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor the Titus Company's Assets Free and Clear of Any and All Liens, Claims, and Encubrances; (III) Approving Assumption and Assignment of Certain Contrats; and (IV) Granting Related Relief dated March 15, 2023
Notice of Motion for Order (I) Recognizing and Enforcing CCAA Vesting Order; (II) Approving the Sale of Certain of Debtor XBC Flow Services-Wisconsin Inc.'s Assets Free and Clear of Any and All Liens, Claims, and Encubrances; (III) Approving Assumption and Assignment of Certain
Contrats; and (IV) Granting Related Relief dated March 15, 2023
Notice of Assumption and Assignment and Cure Amounts with Respect to Executory Contracts and Unexpired Lease of the Debtors dated March 15, 2023
Others
Declaration of Dimitrios "Jim" Vounassis in Support of Motion for Recognition of Foreign Main Proceeding and Request for Certain Related Relief Pursuant to Section 1515(b) of the Bankruptcy Code dated September 30, 2022
Declaration of Sandra Abitan as Canadian Counsel to the Debtors in Support of Motion for Recognition of Foreign Main Proceeding and Request for Certain Related Relief
dated September 30, 2022
Declaration of Dimitrios "Jim" Vounassis in Support of Foreign
Representative's Motion for Interim and Final Relief Recognizing and Enforcing DIP Financing Autorized Under Amended and Restated CCAA Order dated October 26, 2022
Declaration of Sandra Abitan, as Canadian Counsel to the Debtors, in support of Motion for Entry of an Order (A) Approving
Noticing Procedures for Debtors' Motion for (I) Approval of the Sale of Debtors' Assets; and (II) Recognition and Enforcement of Canadian Court Order Approving the Sale; (B) Setting a Sale Hearing; and (C) Granting Related Relief dated December 20, 2022
Declaration of Dimitrios "JIM" Vounassis in Support of Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Third Amended and Restated CCAA Order; and (II) Authorizing Junior DIP Financing dated February 10, 2023
Declaration of Sandra Abitan, as Canadian Counsel to the Debtors, in Support of Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Third Amended and Restated CCAA Order; and (II) Authorizing Junior DIP Financing dated February 10, 2023
Declaration of Julien Morissette, as Canadian Counsel to the Debtors, in Support of Foreign Representative's Motions : (I) Seeking Recognition and Enforcement of CCAA Vesting Orders; (II) Approving the Sales of Certain of the Debtors' assets Free and Clear of All Liens, Claims, and Encubrances; (III) Approving the Assumption and Assignment of Certain Contracts, and (IV) Granting Related Relief dated March 15, 2023
Declaration of Dimitrios "Jim" Vounassis in Support of Foreign Representative's Motions : (I) Seeking Recognition and Enforcement of CCAA Vesting Orders; (II) Approving the Sales of Certain of the Debtors' assets Free and Clear of All Liens, Claims, and Encubrances; (III) Approving the Assumption and Assignment of Certain Contracts, and (IV) Granting Related Relief dated March 15, 2023
Declaration of Julien Morissette, as Canadian Counsel to the Debtors, in Support of Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Fifth Amended and Restated CCAA Order; and (II) Authorizing Third DIP Financing March 23, 2023
Declaration of Dimitrios "JIM" Vounassis in Support of Foreign Representative's Motion for Entry of Order (I) Recognizing and Enforcing Fifth Amended and Restated CCAA Order; and (II) Authorizing Third DIP Financing March 23, 2023
Last updated May 25, 2023
