Docket 412 - Court Case and Lenders' Meeting23 Sep 2022 09:00
This docket is interesting as it confirms that unless Cineplex get their way the deliberations due for Oct 12 and 13 on the appeal will be postponed and it gives the first hints (that I've seen) about the meeting with lenders on Sep 19th. It is summed up in these passages:
"Just two days into these chapter 11 cases (and approximately eighteen hours after the conclusion of the Debtorsโ first day hearing), Cineplex filed its Emergency Stay Motion seeking (on one weekโs notice) to allow litigation regarding a long-dead merger agreement to continue uninterrupted. Cineplexโs motion is premature. Granting relief from the automatic stay in these earliest days of the casesโwhen the Debtors are focused on making the critical 'smooth landing' into chapter 11 and developing the terms for a comprehensive restructuring that will ensure the survival of the businesses"
"there is a judgment against Cineworld, both Cineworld and Cineplex have appealed that judgment to the intermediate Court of Appeal for Ontario, and 'on the agreement of counsel' oral argument for that appeal is presently scheduled on October 12 and 13 and would need to be adjourned and potentially rescheduled if the stay remains in place"
"Indeed, on September 19, the Debtorsโ management met with prepetition lenders, with the aim of filing a plan of reorganization by October 31. The Debtorsโ management will need to stay focused on building a business and real estate plan to allow that to happen."
So basically the Chapter 11 does mean that the litigation will be paused, but Cineplex are trying to make sure it still goes ahead (Docket 218) and the aim is to submit a reorganisation plan by the end of October.
There is more useful detail in the docket (including mention of "developing and implementing a lease-rationalization plan for its theaters in the United States (which will involve negotiation of multiple lease modifications)".
So well worth a read I think for anybody interested in facts to help them decide on their investment choices. For those who think it is all waffle or are more interested in just making up stuff (like HSBC is the main lender) it is probably better to stay clear.