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Xebec Obtains Creditor Protection Under the CCAA to Pursue Restructuring and Commence Court-Approved Sale and Investment Solicitation Process
Xebec Obtains Creditor Protection Under the CCAA to Pursue Restructuring and Commence Court-Approved Sale and Investment Solicitation Process.
About this update from Xebec Adsorption Inc.
[{"type":"text","content":"\nXebec Adsorption Inc. (TSX: XBC) (“Xebec” or the “Corporation”), a global provider of sustainable gas solutions, announced today that the Superior Court of Québec (the “Court”) has granted the Corporation’s application for an initial order (the “Initial Order”) under the Companies’ Creditors Arrangement Act (the “CCAA”). Xebec intends to seek recognition of the Initial Order and the SISP Order (as defined below) in the United States under Chapter 15 of the Bankruptcy Code.\n\nPursuant to the Initial Order, the Corporation and its Canadian and U.S. wholly owned subsidiaries have obtained protection under the CCAA and Deloitte Restructuring Inc. has been appointed as monitor (the “Monitor”) and will assist Xebec in its restructuring efforts.\n\nThe Court has also issued an order (the “SISP Order”) authorizing the Corporation to conduct a sale and investment solicitation process (the “SISP”) with the assistance of National Bank Financial Inc. (“NBF”), as financial advisor, and the Monitor, in accordance with the terms therein (the “Bidding Procedures”). The SISP is intended to solicit interest in, and opportunities for, a sale of, or investment in, all or part of the assets and business segments of the Corporation and its subsidiaries, with the goal of maximizing value for the Corporation and its stakeholders.\n\nIn order to participate in the SISP and obtain a copy of the confidential information memorandum and access to a virtual data room, all interested parties must comply with the terms and conditions set forth in the Bidding Procedures, a copy of which is available on the Monitor’s website at https://www.insolvencies.deloitte.ca/Xebec. Parties interested in participating in the SISP should contact NBF at [email protected] or the Monitor at [email protected].\n\nThe deadline for submission of non-binding letters of intent is 5:00 p.m. (Eastern Time) on November 11, 2022 and the deadline for submission of binding bids is 5:00 p.m. (Eastern Time) on January 6, 2023.\n\nEarlier today, the Toronto Stock Exchange (“TSX”) suspended trading of Xebec’s common shares and the TSX has put the Corporation under delisting review under its expedited review process. The TSX has...