RE: Cineplex: Canaccord Pegs Chance Of $1.24 Billion In Damages Being Collected At 25%23 Dec 2021 17:45
Great find, HNS.
“We believe that if Cineworld does not honour the court awarded damages, Cineplex may then have to seek enforcement in the UK courts, which in turn opens up a series of new questions and uncertainties.”
I suspect this will be settled in the U.K. courts and per page 119, of the Arrangement Agreement, the only fee Cineworld will pay is the termination fee of £28m and the matter settled.
Citation:
We irrevocably and unconditionally undertake, represent and warrant to you that we shall pay to the Company (a) $41,520,000 in the event the Termination Event (as defined below) occurs prior to 11:59:59 p.m. (Toronto time) on February 2, 2020, and (b) £28,275,895 (payable in Canadian dollars based on the spot foreign exchange rate published by Bloomberg at 11:30:00 p.m. (Toronto Time) on the date of this letter agreement) in the event the Termination Event occurs after 11:59:59 p.m. (Toronto time) on February 2, 2020 (either, (a) or (b), as applicable, the “Shareholder Termination Fee”)
Source: https://www.cineworldplc.com/sites/cineworld-plc/files/cineplex-inc-acquisition/arrangement-agreement.pdf