Homburg Invest Inc. and Other Petitioners |
On September 9, 2011, Homburg Invest Inc., Homburg Shareco Inc., Churchill Estates Development Ltd., Inverness Estates Development Ltd., CP Development Ltd., filed a motion to the Superior Court of Quebec (Commercial Division) of the District of Montreal to obtain protection under the Companies’ Creditors Arrangement Act (CCAA). The order rendered the same day confirms the appointment of Samson Bélair/Deloitte & Touche Inc. as Monitor. The protections and authorizations provided by the order applies also to Homburg Realty Fund (92) Limited Partnership, Homburg Realty Fund (199) Limited Partnership, Homburg Realty Fund (52) Limited Partnership, Homburg Realty Fund (53) Limited Partnership, Homburg Realty Fund (88), Homburg Realty Fund (89) Limited Partnership, Homburg Realty Fund (105) Limited Partnership, Homburg Realty Fund (121) Limited Partnership, Homburg Realty Fund (122) Limited Partnership, Homburg Realty Fund (142).
Court Documents
- Service List dated March 15, 2012
- Service List Email Addresses dated March 15, 2012
- Motion for an Initial Order Pursuant to Section 4, 5, 11 and Following of the CCAA dated September 9, 2011
- Exhibit 1 - Corporate Chart
- Exhibit 2 - HII Master Purchase Agreement
- Exhibit 3 - Power of Attorney dated July 6, 2011
- Exhibit 4 - Letter dated August 1, 2011 regarding the replacement of the Power of Attorney (Part 1 of 2)
- Exhibit 4 - Letter dated August 1, 2011 regarding the replacement of the Power of Attorney (Part 2 of 2)
- Exhibit 5 - Letter dated August 3, 2011 regarding the revocation of the Power of Attorney
- Exhibit 6 - Letter dated August 4, 2011 regarding the withdrawing of the revocation of the Power of Attorney
- Exhibit 7 - Copy of the Proxy
- Exhibit 8 - Trustees' Power of Attorney dated September 8, 2011
- Exhibit 9 - Letter dated September 8, 2011 from Trustees' counsel
- Exhibit 10 - Corporate Bonds Trust Indenture
- Exhibit 11 - Taberna Notes
- Exhibit 12 - Mortgage Bond Trust Indenture
- Exhibit 13 - Unaudited consolidated financial statements for the six months ending June 30, 2011
- Exhibit 14 - Audited consolidated financial statements
- Exhibit 15 - Cash Flow Projections
- Exhibit 17 - Heads of agreement
- Initial Order dated September 9, 2011
- Motion for Amendments to the Initial Order dated September 16, 2011
- De Bene Esse Motion for an Order lifting the Stay of Proceedings for the purposes of seeking relief in respect to Homburg Invest Inc.’s annual general meeting dated September 16, 2011
- Case Management Order #1 dated September 26, 2011
- Case Management Order #2 dated October 4, 2011
- Motion to Extend the Stay Period and to Amend the Initial Order and for Other Orders dated October 4, 2011
- Motion by the Monitor to Obtain Lists of Registered Bondholders dated October 4, 2011
- Exhibit R-1: Trust Indenture between dated December 15, 2002 between Shareco and Stichting Homburg Mortgage Bonds
- Exhibit R-2: Trust Indenture between dated October 31, 2006 between Hll and Stichting Homburg Bonds
- Exhibit R-3: Trust Indenture between dated February 28,2009 between Hll and Stichting Homburg Capital Securities
- Exhibit R-4: Letter from Monitor's counsel to Trustee's counsel dated September 21, 2011
- Exhibit R-5: Letter from Monitor's counsel to Trustee's counsel dated September 26, 2011
- Exhibit R-6: Letter from Trustee's counsel to Monitor's counsel dated September 28, 2011
- Exhibit R-7: Letter from Monitor's counsel to Trustee's counsel dated September 29, 2011
- Amended Motion for Amendments to the Initial Order dated October 4, 2011
- Amended List of Exhibits dated October 4, 2011
- Motion for the Payment of Fees, Disbursements and Expenses of the Indenture Trustees and the Indenture Trustees' Advisors and Related Relief dated October 4, 2011
- List of Exhibits dated October 4, 2011
- First Extension Order dated October 7, 2011
- Case Management Order #3 dated October 7, 2011
- Bondholders Listing Order dated October 7, 2011
- Case Management Order #4 dated October 20, 2011
- Motion for an Order Confirming the Re-Assignment and Assignment of Certain Agreements and the Release of HII’s Obligations Under These Agreements dated November 2, 2011
- Exhibit R-1: Office Lease between The Cadillac Fairview Corporation Limited and North American Oil Sands Corporation, 635 8th Avenue, S.W. Calgary, Alberta, as amended;
- Exhibit R-2: Assignment of lease agreement dated April 5, 2010 between The Cadillac Fairview Corporation Limited, Statoil Canada Ltd. and Homburg Invest Inc.;
- Exhibit R-3: Sublease agreement between BOS Solutions Ltd. and Homburg Invest Inc. dated April 4, 2011;
- Exhibit R-4: Non-Disturbance Agreement between BOS Solutions Ltd., Statoil Canada Ltd. and Homburg Invest Inc. dated April 4, 2011;
- Exhibit R-5: Sublease agreement between Canadian Tabular Services Inc. and Homburg Invest Inc. dated March 11, 2011;
- Exhibit R-6: Non-Disturbance Agreement Canadian Tabular Services Inc., Statoil Canada Ltd. and Homburg Invest Inc. dated March 11, 2011;
- Exhibit R-7: Sublease agreements between Keywest Projects Ltd. and Homburg Invest Inc. dated March 30, 2011 and July 27, 2011;
- Exhibit R-8: Non-Disturbance Agreements between Keywest Projects Ltd., Statoil Canada Ltd. and Homburg Invest Inc., dated March 30, 2011 and July 27, 2011;
- Exhibit R-9: Sublease Agreement between MHI Fund Management Inc. and Homburg Invest Inc. dated April 11, 2011 (incorrectly dated April 11, 2010);
- Exhibit R-10: Non-Disturbance Agreement MHI Fund Management Inc., Statoil Canada Ltd. and Homburg Invest Inc. dated April 11, 2011;
- Exhibit R-11: Sublease agreement between SPT Group Canada Ltd. (formerly Neotechnology Consultants Ltd.) and Homburg Invest Inc. dated May 4, 2011;
- Exhibit R-12: Non-Disturbance Agreement SPT Group Canada Ltd. (formerly Neotechnology Consultants Ltd.), Statoil Canada Ltd. and Homburg Invest Inc. dated May 4, 2011;
- Exhibit R-13: Sublease agreement between Premier Petroleum Corp. and Homburg Invest Inc. dated April 20, 2011;
- Exhibit R-14: Non-Disturbance Agreement Premier Petroleum Corp., Statoil Canada Ltd. and Homburg Invest Inc. dated April 20, 2011;
- Exhibit R-15: Sublease agreement between Tucker Wireline Services Canada Inc. and Homburg Invest Inc. dated May 4, 2011;
- Exhibit R-16: Non-Disturbance Agreement Tucker Wireline Services Canada Inc., Statoil Canada Ltd. and Homburg Invest Inc. dated May 4, 2011;
- Exhibit R-17: Sublease agreement between Surge Energy Inc. and Homburg Invest Inc. dated November 25, 2010, as amended;
- Exhibit R-18: Non-Disturbance Agreement Surge Energy Inc., Statoil Canada Ltd. and Homburg Invest Inc. dated February 17, 2011;
- Exhibit R-19: Sublease agreement between Moe Hannah McNeil LLP and Homburg Invest Inc. dated March 9, 2011;
- Exhibit R-20: Non-Disturbance Agreement Moe Hannah McNeil LLP, Statoil Canada Ltd. and Homburg Invest Inc. dated March 9, 2011;
- Exhibit R-21: Sublease agreement between Logan Completion Systems Inc. and Homburg Invest Inc. dated May 4, 2011;
- Exhibit R-22: Non-Disturbance Agreement Logan Completion Systems Inc., Statoil Canada Ltd. and Homburg Invest Inc. dated May 4, 2011;
- Exhibit R-23: Sublease agreement between CE Franklin Ltd. and Homburg Invest Inc. dated April 6, 2011 (incorrectly dated April 6, 2010);
- Exhibit R-24: Non-Disturbance Agreement CE Franklin Ltd., Statoil Canada Ltd. and Homburg Invest Inc. dated April, 2011;
- Exhibit R-25: Notice of Default of The Cadillac Fairview Corporation Limited to Homburg Invest Inc. and Statoil Canada Ltd. dated September 13, 2011;
- Exhibit R-26: Notice by Debtor Company to Disclaim or Resiliate Lease agreement with respect to the building located at 635 – 8th Avenue S.W., Calgary, Alberta dated October 11, 2005 between The Cadillac Fairview Corporation Limited and North American Oil Sands Corporation as tenant, as amended;
- Exhibit R-27: Notice by Debtor Company to Disclaim or Resiliate Assignment of lease agreement dated April 5, 2010 between The Cadillac Fairview Corporation Limited, Statoil Canada Ltd. and Homburg Invest Inc.;
- Exhibit R-28: Notices of Consequential Termination of Subleases;
- Exhibit R-29: Written reasons of Homburg Invest Inc. for the Notice by Debtor Company to Disclaim or Resiliate an Agreement dated September 9, 2011 pursuant to subsection 31(1) of the Companies' Creditors Arrangement Act ("CCAA") and Notice of Consequential Termination of Lease dated September 29, 2011;
- Exhibit R-30: D etailed summary of rent differential calculation;
- Case Management Order #5 dated November 7, 2011
- Amended Motion for an Order Confirming the Re-Assignment and Assignment of Certain Agreements and the Release of HII’s Obligations Under These Agreements dated November 10, 2011
- Contestation of Statoil Canada Ltd (“Statoil”) RE: Amended Motion for an Order Confirming the Re-Assignment and Assignment of Certain Agreements and the Release of HII’s Obligations under these Agreements dated November 11, 2011
- List of Exhibits, Contestations of Statoil Canada Ltd. (“Statoil”)
- Exhibit D-1: Letter dated October 5, 2011 from Mr. Simard to Cadillac
- Exhibit D-2: Letter from the undersigned attorneys to the Honourable Louis J. Gouin, J.S.C., dated November 4, 2011
- Exhibit D-3: Case Management Order #5 dated November 7, 2011
- Exhibit D-4: En liasse, Consents to Sublease entered into by all Subtenants in respect of Canoxy Place
- Exhibit D-5: Detailed Affidavit of Allan Jones dated November 11, 2011
- List of Exhibits, Contestations of Statoil Canada Ltd. (“Statoil”)
- Motion for Approval of a Purchase Agreement and for Ancillary Orders dated November 26, 2011
- Motion by Romspen Investment Corporation for an Order Lifting the Stay of Proceedings against Churchill Estates Development Ltd. and Inverness Estates Development Ltd. for the Purpose of Commencing Mortgage Foreclosure Proceedings against Real Property in the Province of Alberta dated December 1, 2011
- Exhibit R-1: Commitment Letter in Favour of Churchill
- Exhibit R-2: Churchill Security Documents
- Exhibit R-3: Extract of the Personal Property Registry for the Province of Alberta (Instrument No. 09122203543)
- Exhibit R-4: Commitment Letter in Favour of Inverness
- Exhibit R-5: Inverness Security Documents (Part 1 of 2)
- Exhibit R-5: Inverness Security Documents (Part 2 of 2)
- Exhibit R-6: Extract of the Personal Property Registry for the Province of Alberta (Instrument No. 09122129519)
- Exhibit R-7: Cross Collateralization and Cross Default Agreement
- Exhibit R-8: Statement of Account dated November 16, 2011 (Inverness)
- Exhibit R-9: Statement of Account dated November 16, 2011 (Churchill)
- Judgment on Re-Assignment and Assignment of Agreements and Release of Obligations dated December 5, 2011
- Second Extension Order dated December 8, 2011
- Amended Motion for the Payment of Fees, Disbursements and Expenses of the Indenture Trustees’ Advisors and Related Relief dated December 28, 2011
- Judgment to the Motion for Approval of a Purchase Agreement and for Ancillary Orders dated January 12, 2012
- Motion for Authorization of Sale and For a Vesting Order dated January 19, 2012
- Exhibit P-1: Copy of the Master Purchase Agreement
- Exhibit P-2: Press release of Cominar dated November 28, 2011
- Exhibit P-3: Offer to Purchase dated December 2, 2011
- Exhibit P-4: Notice of Variation and Extension dated January 16, 2012
- Exhibit P-5: Joint press release of CANMARC REIT and Cominar dated January 16, 2012
- Exhibit P-6: Copy of the Engagement Letter (under seal)
- Exhibit P-7: Notice of Change to Trustees' Circular dated January 17, 2012
- Exhibit P-8: Copy of the Moveable Hypothec Agreement
- Exhibit P-9: Copy of the Centron Moveable Hypothec Agreement
- Exhibit P-10: Extract of the Register of Personal and Movable Real Rights
- Motion for the Advancing of Fees, Disbursements and Expenses of the Taberna Noteholders and Their Advisors dated January 18, 2012
- Judgment to the Motion for Authorization of Sale and For a Vesting Order dated January 20, 2012
- Judgment to the Motion by Romspen Investment Corporation for an Order Lifting the Stay of Proceedings against Churchill Estates Development Ltd. and Inverness Estates Development Ltd. for the Purpose of Commencing Mortgage Foreclosure Proceedings against Real Property in the Province of Alberta dated January 23, 2012
- Order on the Trustees' Amended Motion for the Payment of Fees, Disbursements and Expenses dated February 15, 2012
- Order on the Reasons for Judgment regarding the Amended Motion for the Payment of Fees, Disbursements and Expenses of the Indenture Trustees’ Advisors and Related Relief dated February 17, 2012
- Third Motion to Extend the Stay Period dated March 14, 2012
- Third Extension Order dated March 16, 2012
- Order Lifting Stay regarding HSBC’s Motion for an order lifting the stay of proceedings against Homburg Invest Inc. dated March 16, 2012
- Motion for approval of the exercise of certain options dated April 2, 2012
- Motion for authorization to sell assets of Inverness Estates Development Ltd. and for directions dated April 7, 2012
- Motion for an order lifting the stay of proceedings against Homco Realty Fund (88) Limited Partnership dated April 10, 2012
- Order on the first option exercise dated April 11, 2012
- Order on Inverness Transaction, COËT Investment and access to restricted cash dated April 11, 2012
- Judgment by the Court of Appeal on the Motion by Romspen Investment Corporation for an Order Lifting the Stay of Proceedings against Churchill Estates Development Ltd. and Inverness Estates Development Ltd. for the Purpose of Commencing Mortgage Foreclosure Proceedings against Real Property in the Province of Alberta dated April 12, 2012
- Judgment by the Court of Appeal on the Contestation of Statoil Canada Ltd (“Statoil”) RE: Amended Motion for an Order Confirming the Re-Assignment and Assignment of Certain Agreements and the Release of HII’s Obligations under these Agreements dated April 12, 2012
- Motion for Approval of a Claims Process dated April 26, 2012
- Claims Process Order regarding the Motion for approval for a claims process dated April 30, 2012
- Order Lifting Stay regarding HSBC’s Motion for an order lifting the stay of proceedings against Homburg Invest Inc. (2nd) dated April 30, 2012
- Corrected Order Lifting the Stay (2nd) - HSBC (re: Order rendered on April 30, 2012) dated May 7, 2012
Reports and Statements
- First Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated September 19, 2011
- Second Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated October 5, 2011
- Executive Summary Second Monitor’s Report Submitted to the Court by Samson Bélair/Deloitte and Touche Inc. in it is Capacity as Monitor dated October 5, 2011
- Third Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated November 4, 2011
- Fourth Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated December 2, 2011
- Supplemental Report to the Fourth Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated December 6, 2011
- Fifth Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated January 10, 2012
- Sixth Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated January 20, 2012
- Seventh Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated February 17, 2012
- Eighth Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated March 15, 2012
- Ninth Report to the Court Submitted by Samson Bélair/Deloitte & Touche Inc. in its Capacity as Monitor dated April 10, 2012
Press Release
- Homburg Invest working with Deloitte & Touche LLP dated September 1, 2011
- Homburg Invest provides update on recent developments dated September 1, 2011
- Homburg Invest Inc. to restructure under the Companies' Creditors Arrangement Act dated September 9, 2011
- Homburg Invest provides further information about stakeholder communications and the CCAA process dated September 12, 2011
- Homburg Invest Inc. closes $34.5 million secondary offering of units of Homburg Canada Real Estate Investment Trust dated September 13, 2011
- Homburg Invest information web site dated September 15, 2011
- Modification of the Homburg Invest information web site address dated September 15, 2011
- Homburg Invest provides update to holders of its corporate bonds and mortgage bonds dated September 29, 2011
- Homburg Invest Announces CCAA Protection Extension dated October 7, 2011
- Homburg Invest Announces Delay in Filing of 2011 Third Quarter Financial Results dated November 16, 2011
- Homburg Invest Reports 2011 Third Quarter Financial Results dated November 21, 2011
- Netherlands Authority for Financial Markets Revokes Homburg Invest Licence dated November 24, 2011
- Homburg Invest Enters into Agreement to Further Internalize the Management of its Properties dated November 28, 2011
- Homburg Invest Announces a Second CCAA Protection Extension dated December 8, 2011
- Homburg Invest Objects to AFM’s Decision to Revoke its License dated January 5, 2012
- Homburg Invest Reports 2011 Year-End Financial Results dated May 4, 2012
Notice to creditors
- Notice to creditors dated September 15, 2011
- Notice to Creditors of the Mis-en-Cause dated November 8, 2011
- Notice to Mortgage Bonds, Corporate Bonds and Capital Securities “A” Debentures Holders dated November 28, 2011
Claims Process
- Notice to Creditors of Homburg Invest Inc. and Certain of its Related Entities of Deadline for Filing Claims (Schedule A)
- Notice to Creditors of Homburg Invest Inc. and Certain of its Related Entities of Deadline for Filing Claims (Schedule A) (document in French)
- Proof of Claim (Schedule B)
- Proof of Claim (Schedule B) (document in French)
- Instruction Letter for the Claims Process of Homburg Invest Inc. and Certain of its Related Entities (Schedule C)
- Instruction Letter for the Claims Process of Homburg Invest Inc. and Certain of its Related Entities (Schedule C) (document in French)
List of creditors
- Homburg Invest Inc.
- ShareCo Inc.
- Churchill Estates Development Ltd.
- Inverness Estates Development Ltd. dated April 11, 2012
- CP Estates Development Ltd. dated April 11, 2012
- Creditor List of the Mis-en-Cause dated November 8, 2011
- Creditors list dated January 10, 2012
- Creditors list dated January 19, 2012
- Creditors list dated February 23, 2012
- Creditors List of Homburg Invest Inc. and Certain of its Related Entities
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Should you have any questions, please contact us at:
Samson/Bélair Deloitte & Touche Inc.
CCAA Monitor of Homburg Invest Inc.
1 Place Ville Marie, Suite 3000
Montreal QC H3B 4T9 -
Pierre Laporte, CA, CIRP
Brent Houlden, MBA, CA, CPA, CIRP
Benoît Clouâtre, CA, CIRP - Telephone: 514-393-6335
- Toll free number: 1-855-247-9147
- Netherlands: 31 (0) 800 0991150
- Outside the Netherlands: 31 79 8904560
- Fax: 514-390-4103
