ALBERTA SECURITIES COMMISSION
VARIATION ORDER
Citation: Re HeadsUp Entertainment International, Inc., 2021 ABASC 34
Date: 20210325
HeadsUp Entertainment International, Inc.
Background
1. Braeden Criddle (the Applicant) has made an application under section 214 of the Securities Act (Alberta) (the Act) to the Executive Director of the Alberta Securities Commission (ASC) for an order varying a cease trade order dated 28 August 2013 Re HeadsUp Entertainment International Inc. 2013 ABASC 398 (the CTO).
Interpretation
2. Terms defined in National Instrument 14-101 Definitions have the same meaning if used in this order, unless otherwise defined.
Representations
3. This decision is based on the following facts represented by the Applicant.
(a) The Applicant is the beneficial owner of 706,700 common shares (the Shares) of HeadsUp Entertainment International, Inc. (the Issuer), held in a trading account at TD Direct Investing.
(b) The Applicant is resident in Alberta.
(c) The CTO was issued in respect of the securities of the Issuer on 28 August 2013.
(d) To the best of the knowledge of the Applicant, the Issuer is incorporated under the laws of Colorado, and its head office is located in Florida.
(e) The Issuer’s securities are not listed on and do not trade on any exchange or market in Canada, but are traded on the OTC Bulletin Board in the United States.
(f) The Applicant wishes to sell his Shares (the Proposed Trade).
(g) The Applicant has never:
(i) been an insider of the Issuer;
(ii) been an employee or consultant of the Issuer;
(iii) had any other relationship or association with the Issuer; or
(iv) acted in concert with an insider of the Issuer.
(h) The Applicant is unable to undertake the Proposed Trade without a variation of the CTO.
Decision
4. The undersigned, being of the opinion that it would not be prejudicial to the public interest to do so, orders under section 214(1) of the Act that the CTO is varied to permit the Applicant to sell the Shares acquired before the date of this order if both of the following apply:
(a) the sale is made through the OTC Markets Group Inc. Pink Market; and
(b) the sale is made through an investment dealer registered in a jurisdiction of Canada in accordance with applicable securities legislation.
25 March 2021
"original signed by"
Tom Graham, CPA
Director, Corporate Finance
Alberta Securities Commission