Background
On August 6, 2024, the Ontario Superior Court of Justice (Commercial List) (the "Court") issued an order (the "Initial Order") pursuant to the Companies' Creditors Arrangement Act ("CCAA"). The Initial Order provided for certain relief, including a stay of proceedings against 1000370759 Ontario Inc. and Galaxie Brands Corporation (collectively, the “Debtors”) and ordered that KPMG Inc. be appointed as Court-appointed monitor of the Debtors (in such capacity, the “Monitor”).
Sale and investment solicitation process
On August 15, 2024, the Court granted an order, which among other things, approved (i) a sale and investment solicitation process (the "SISP") and (ii) a stalking horse subscription agreement dated August 15, 2024 (the "Stalking Horse Agreement"). Copies of the Bidding Procedures in connection with the SISP, and the Stalking Horse Agreement can be found within the Sale and investment solicitation process section below. Pursuant to the Bidding Procedures, the deadline by which all interested buyers must submit bids to the Monitor in connection with the SISP was September 24, 2024 at 5:00pm EST.
On November 28, 2024, the Court granted an order, which among other things, an Approval and Vesting Order for the Transaction.
On December 9, 2024, the Monitor filed it's Monitor's Certificate with the Court and the transaction was closed. A copy of the Monitor's Certificate can be found below.
Contact information
galaxie@kpmg.ca
Toll free within North America:
1-833-668-2887
Local Phone Number:
416-777-3696
Court materials
Application Record - 2024-08-05 [PDF 9.8 MB]
Factum of the Applicant - 2024-08-05 [PDF 424 KB]
Motion Record Returnable August 15, 2024 - 2024-08-14 [PDF 4.3 MB]
Statement of Law - Applicant - 2024-09-10 [PDF 278 KB]
Motion Record of the Applicants - 2024-09-10 [PDF 851 KB]
Aide Memoire of the Monitor - 2024-11-01 [PDF 128 KB]
Notice of Motion Returnable November 28, 2024 - 2024-11-14 [PDF 242 KB]
Factum of the Monitor - 2024-11-20 [PDF 380 KB]
Motion Record of the Monitor - 2024-11-20 [PDF 3.9 MB]
Orders
Initial Order - 2024-08-06 [PDF 265 KB]
Initial Order Endorsement - 2024-08-06 [PDF 194 KB]
Amended and Restated Initial Order - 2024-08-15 [PDF 360 KB]
SISP Order - 2024-08-15 [PDF 290 KB]
ARIO and SISP Endorsement - 2024-08-15 [PDF 276 KB]
Ancillary Order - 2024-09-11 [PDF 234 KB]
Second Amended and Restated Initial Order - 2024-09-11 [PDF 366 KB]
Second ARIO and Ancillary Endorsement - 2024-09-11 [PDF 201 KB]
Aide Memoire Endorsement - 2024-11-01 [PDF 143 KB]
Ancillary Relief Order - 2024-11-28 [PDF 645 KB]
Third Amended and Restated Initial Order - 2024-11-28 [PDF 391 KB]
Third ARIO and Ancillary Endorsement - 2024-11-28 [PDF 342 KB]
Approval and Reverse Vesting Order - 2024-11-28 [PDF 373 KB]
Monitor's Closing Certificate - 2024-12-09 [PDF 161 KB]
Reports
Pre-filing Report of the proposed Monitor - 2024-08-04 [PDF 788 KB]
First Report of the Monitor - 2024-08-14 [PDF 1.7 MB]
Second Report of the Monitor - 2024-09-10 [PDF 2 MB]
Third Report of the Monitor - 2024-11-20 [PDF 2.7 MB]
List of creditors
Notice to Creditors - 2024-08-12 [PDF 297 KB]
List of Known Creditors - 2024-08-06 [PDF 94 KB]
Sale and investment solicitation process
Stalking Horse Subscription Agreement - 2024-08-15 [PDF 678 KB]
Bidding Procedures - 2024-08-15 [PDF 244 KB]
Service list
Service List - 2024-09-10 [PDF 181 KB]
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