Darian Resources Ltd. and Bowview Petroleum Inc.Distributions to Creditors Darian Resources Ltd. and Bowview Petroleum Inc. (collectively referred to as the “Companies”)successfully completed their restructuring proceedings under the Companies’ Creditors Arrangement Act (the “CCAA”). On Friday, July 2, 2010, the Court of Queen’s Bench of Alberta (the “Court”) issued its final order approving the implementation of the Plan of Compromise and Arrangement (the “Plan”). The Monitor has processed the payments contemplated by the Plan and cheques were mailed to those creditors entitled to receive payments under the Plan during the week of July 5, 2010. CCAA Proceedings On February 12, 2010, the Companies made an application for protection under the CCAA and an Initial Order was granted by the Court. Hardie & Kelly Inc. was appointed by the Court as monitor of the Companies (the “Monitor”). The Initial Order provides certain relief including the imposition of an initial Stay of Proceedings (the “Stay”) against the Company and its assets through to February 19, 2010. On June 24, 2010, the Court granted a further extension of the Stay through to July 5, 2010. Contact for the Monitor – Marc Kelly - 403-252-1766 or
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Meeting of Creditors A meeting of the creditors (the “Creditors’ Meeting”) of the Companies will be held on Monday, June 28, 2010 at 10:00 a.m. MDT at the offices of Borden Ladner Gervais LLP (1000, 400 Third Avenue SW, Calgary, Alberta) to consider the Companies’ Plan of Arrangement (the “Plan”) dated June 4, 2010 filed with the Court. Creditors may cast their vote with respect to the Plan by: - Attending the Creditors’ Meeting; or
- By completing the Instrument of Proxy and returning to the Monitor by mail or by facsimile to 403-640-0591 by 5:00 p.m. MDT on Friday, June 25, 2010
The necessary instructions and materials with respect to the Creditors’ Meeting are as follows: Claims Process – (Deadline for filing claims was April 16, 2010) On March 17, 2010, the Court issued an order directing Darian and Bowview, in consultation with the Monitor, to administer a claims process (the “Claims Process Order”). Any creditor having a claim against Darian or Bowview arising on or before February 12, 2010 of any nature, including an unsecured, secured, contingent or unliquidated claim was required to file a Notice of Claim with the Monitor on or before 5:00 pm Mountain Daylight Time on April 16, 2010 (the “Claims Bar Date”) in order to participate in any voting or distributions in the CCAA proceedings. Claims not filed with the Monitor by the Claims Bar Date in accordance with the terms of the Claims Process Order shall, unless otherwise ordered by the Court, be deemed to be forever barred and may not thereafter be advanced against Darian or Bowview. The procedural matters associated with the claims process and the associated documents can be found below. Court Orders - Initial Order – February 12, 2010
- Sealing Order - February 19, 2010
- Order re: Redemption of ATB Security – February 19, 2010
- Order re: ATB Advice & Directions – February 19, 2010
- Stay Extension Order – February 19, 2010
- Consent Order re: Revised Account Agreement & New Account - February 23, 2010
- Stay Extension Order – March 17, 2010
- Order re: Approval of Financial Advisor – March 17, 2010
- Claims Process Order – March 17, 2010
- Order re: Scollard Funds – March 31, 2010
- Stay Extension Order – May 10, 2010
- Order re: Creditors’ Meeting – June 4, 2010
- Interim Order – June 4, 2010
- Approval and Sealing Order – June 4, 2010
- Stay Extension Order - June 24, 2010
- Final Order – July 2, 2010
- Final Sanction Order – July 2, 2010
- Order re: Disputed Claims Reserve – September 15, 2010
Court Filings - Originating Notice – February 11, 2010
- Affidavit of Grant Aulden Bartlett – February 11, 2010
- Supplemental Affidavit of Grant Aulden Bartlett – February 12, 2010
- Notice of Motion (Redemption of ATB Security) - February 17, 2010
- Affidavit of Gary W. Goetsch (Redemption of ATB Security) - February 17, 2010
- Affidavit of Gary W. Goetsch (Redemption of ATB Security) - Exhibits “A”-“C” - February 17, 2010
- Affidavit of Gary W. Goetsch (Redemption of ATB Security) - Exhibits “D”-“E” - February 17, 2010
- Affidavit of Gary W. Goetsch (Redemption of ATB Security) - Exhibits “F” - February 17, 2010
- Affidavit of Gary W. Goetsch (Redemption of ATB Security) - Exhibits “G” - February 17, 2010
- Affidavit of Gary W. Goetsch (Redemption of ATB Security) - Exhibits “H”-“M”- February 17, 2010
- Notice of Motion (Appointing Receiver) - February 17, 2010
- Affidavit of Gary W. Goetsch (Appointing Receiver) - February 17, 2010
- Affidavit of Gary W. Goetsch (Appointing Receiver) - Exhibits “A”-“D” - February 17, 2010
- Affidavit of Gary W. Goetsch (Appointing Receiver) - Exhibits “E”-“F” - February 17, 2010
- Affidavit of Gary W. Goetsch (Appointing Receiver) - Exhibits “G” - February 17, 2010
- Affidavit of Gary W. Goetsch (Appointing Receiver) - Exhibits “H”-“L”- February 17, 2010
- Affidavit of Gary W. Goetsch (Appointing Receiver) - Exhibits “M”-“Z”- February 17, 2010
- Notice of Motion (ATB – Advice & Directions) - February 18, 2010
- Affidavit of James W. Hamblin (ATB – Advice & Directions) - February 18, 2010
- Affidavit of James W. Hamblin (ATB – Advice & Directions) - Exhibit “1” - February 18, 2010
- Affidavit of James W. Hamblin (ATB – Advice & Directions) - Exhibits “A” –“B” - February 18, 2010
- Affidavit of James W. Hamblin (ATB – Advice & Directions) - Exhibits “C” –“K” - February 18, 2010
- Notice of Motion (Stay Extension) – February 18, 2010
- Affidavit of Grant Aulden Bartlett (Stay Extension)– February 18, 2010
- Affidavit of Gary W. Goetsch (Stay Extension) – February 18, 2010
- Bench Brief of Darian & Bowview – February 19, 2010
- Bench Brief of SFG – February 19, 2010
- Affidavit of Grant Aulden Bartlett (Opposing Receiver) - March 1, 2010
- Affidavit of Grant Aulden Bartlett (Opposing Receiver) - Exhibits “A”-“B” - March 1, 2010
- Affidavit of Grant Aulden (Opposing Receiver) - Exhibits “C”-“E” - March 1, 2010
- Affidavit of Jennifer Galipeau – March 1, 2010
- Affidavit of Jennifer Galipeau – Exhibits “A”-“B” March 1, 2010
- Affidavit of Jennifer Galipeau – Exhibits “C”-“D” March 1, 2010
- Affidavit of Jennifer Galipeau – Exhibits “E”-“F” March 1, 2010
- Affidavit of Alan W. Tambosso – March 1, 2010
- Affidavit of Blair E. Richardson (Opposing Receivership) – March 1, 2010
- Notice of Motion (Stay Extension & Claims Process) – March 12, 2010
- Affidavit of Grant Aulden Bartlett (Stay Extension & Claims Process)– March 12, 2010
- Notice of Motion (Financial Advisor) – March 16, 2010
- Affidavit of Grant Aulden Bartlett (Financial Advisor)– March 16, 2010
- Notice of Motion (Solicitation Process & Scollard Funds) – March 29, 2010
- Affidavit of Lyle Furber (Solicitation Process & Scollard Funds)– March 29, 2010
- Affidavit of Grant Aulden Bartlett (Solicitation Process) – April 12, 2010
- Affidavit of Grant Aulden Bartlett (Update on Pre-Emptive Bid) – April 28, 2010
- Notice of Motion (Stay Extension) – May 7, 2010
- Affidavit of Grant Aulden Bartlett (Stay Extension) – May 7, 2010
- Affidavit of Lyle Furber (Stay Extension ) – May 7, 2010
- Notice of Motion (Creditors’ Meeting Order) – June 1, 2010
- Notice of Motion (Creditors’ Meeting Order) – Schedule “A” - June 1, 2010
- Notice of Motion (Creditors’ Meeting Order) – Schedule “B” - June 1, 2010
- Affidavit of Grant Aulden Bartlett (Creditors’ Meeting Order) – June 1, 2010
- Affidavit of Grant Aulden Bartlett (Creditors’ Meeting Order) - Exhibit “A” - June 1, 2010
- Affidavit of Grant Aulden Bartlett (Creditors’ Meeting Order) - Exhibit “B” - June 1, 2010
- Notice of Motion (Interim Order) – June 1, 2010
- Affidavit of Grant Aulden Bartlett (Interim Order) – June 1, 2010
- Notice of Motion (Stay Extension) – June 21, 2010
- Affidavit of Grant Aulden Bartlett (Stay Extension) – June 21, 2010
- Affidavit of Kelly A. Rigey (Service of Meeting Materials) – June 29, 2010
- Notice of Motion (Final Order) – June 29, 2010
- Affidavit of Grant Aulden Bartlett (Final Order) – June 29, 2010
- Notice of Motion (Final Sanction Order) – June 29, 2010
- Affidavit of Grant Aulden Bartlett (Final Sanction Order) – June 29, 2010
- Monitor's Certificate - July 5, 2010
- Notice of Motion (re: late claim - Mustang Well Services Ltd.) – July 23, 2010
- Affidavit of Royden Wibeman – July 21, 2010
- Notice of Motion (re: late claim - CFR Chemicals Ltd.) - August 13, 2010
- Affidavit of Tomas Marshall – August 6, 2010
Monitor's Reports - First Report of the Monitor – February 18, 2010
- Second Report of the Monitor – March 16, 2010
- Third Report of the Monitor – March 17, 2010
- Fourth Report of the Monitor – March 30, 2010
- Fifth Report of the Monitor – May 7, 2010
- Sixth Report of the Monitor – June 2, 2010
- Seventh Report of the Monitor – June 22, 2010
- Eighth Report of the Monitor – June 28, 2010
- Ninth Report of the Monitor – August 16, 2010
- Ninth Report of the Monitor – August 16, 2010 (Appendices “A” – “C”)
- Tenth Report of the Monitor - September 14, 2010
Letters to Creditors Other Documents
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