To the creditors of Viceroy Homes Limited and Viceroy Building Solutions Limited (the Companies )

Transcription

1 Corporate Finance Pacific Centre 701 West Georgia Street Suite 1502 Vancouver, BC V7Y 1C6 fticonsulting.com August 4, 2015 To the creditors of Viceroy Homes Limited and Viceroy Building Solutions Limited (the Companies ) PLEASE TAKE NOTICE that Claims Process Orders were issued on July 30, 2015 by the Supreme Court of British Columbia approving a process for the identification and registration of claims against the Companies. All persons who assert a claim against the Companies must file a Proof of Claim (Form 31) with respect to claims against the Companies with the Trustee on or before 4:00 p.m. (Pacific Standard Time) on September 8, 2015 (the Claims Bar Date ), by sending the Proof of Claim to the Trustee by prepaid ordinary mail, registered mail, courier, personal delivery or electronic transmission at the following address: FTI Consulting Canada Inc., Address: Pacific Centre 701 West Georgia Street Suite 1502 Vancouver, BC V7Y 1C6 Scott.Gallon@fticonsulting.com Attention: Scott Gallon Only Proofs of Claim actually received by the Trustee on or before 4:00 p.m. (Pacific Standard Time) on September 8, 2015 will be considered filed by the Claims Bar Date. It is your responsibility to ensure that the Trustee receives your Proof of Claim by the Claims Bar Date. CLAIMS WHICH ARE NOT RECEIVED BY THE CLAIMS BAR DATE WILL BE BARRED AND EXTINGUISHED FOREVER. Note: All persons who have already provided Proofs of Claim to the Trustee may disregard the above request. We enclose herewith the following: 1. Instruction Letter; 2. Copies of the Claims Process Orders; 3. A copy of the Notice to Creditors; and 4. Proof of Claim forms (Form 31). Further information with respect to this matter is available on the Proposal Trustee s web-site:

2 Should you have any queries in the interim, please do not hesitate to contact a representative of the Proposal Trustee, Scott Gallon at (604) Yours truly, FTI CONSULTING CANADA INC. In its capacity as Trustee under a Proposal Viceroy Homes Ltd. and Viceroy Building Solutions Ltd. and not in its personal capacity. Per: Scott Gallon, CPA, CA

3 Dear Creditor: INSTRUCTION LETTER REGARDING CLAIMS AGAINST VICEROY HOMES LTD. ( VHL ) AND VICEROY BUILDING SOLUTIONS LTD. ( VBS ) IN THE BANKRUPTCY PROPOSAL PROCEEDINGS PLEASE REVIEW THE FOLLOWING CAREFULLY AS YOUR LEGAL RIGHTS AND CLAIMS AGAINST VHL AND VBS MAY BE IMPACTED. By Orders of the British Columbia Supreme Court pronounced July 30, 2015 (the Claims Process Orders ) under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B 3, as amended (the BIA ), FTI Consulting Canada Inc. as the Proposal Trustee has been authorized to conduct a claims process for the determination of any and all claims ( Claims ) against VHL and VBS (the Claims Process ). Under the Claims Process Order, all Known Creditors are to receive the attached materials (the Claims Package ), consisting of: 1) This Instruction Letter; 2) Copies of the Claims Process Orders (without Schedules); 3) A copy of the Notice to Creditors; and 4) Proof of Claim forms (Form 31). A copy of the Claims Package can also be obtained from the website of the Proposal Trustee at In addition, the Proposal Trustee is required to publish a Notice to Creditors in the Vancouver Sun, the Northumberland News and the Globe and Mail. Subsequently, any other creditors who request a Claims Package will receive one as soon as practicable. Under the terms of the Claims Process Order, you must file a Proof of Claim, with supporting documentation, in the form attached, with the Proposal Trustee, by delivering the Proof of Claim with supporting documentation by ordinary mail, registered mail, courier, facsimile, e mail message or personal delivery and be received by the Proposal Trustee, on or before the claims bar date of 4:00 p.m. (Vancouver time) on September 8, 2015 (the Claims Bar Date ), to the Proposal Trustee at: FTI Consulting Canada Inc. Pacific Centre, Suite West Georgia Street Vancouver, BC V7Y 1C6 Attention: Scott Gallon scott.gallon@fticonsulting.com

4 If you do NOT file a Proof of Claim on or before the Claims Bar Date, your rights and recoveries against VHL and/or VBS will be extinguished and you will be barred from making any claim against VHL and/or VBS, without any further notice. In particular, a person who does not file a Proof of Claim with supporting documentation on or before the Claims Bar Date shall be forever barred from voting on and receiving any distribution under the proposals of VHL and VBS under the BIA, and the claim may not be enforced against VHL and/or VBS unless otherwise ordered by the Court. All enquiries and notices to VHL or VBS with respect to the Claims Process should be addressed to: Clark Wilson LLP West Georgia Street Vancouver, BC V6C 3H1 Attention: Christopher J. Ramsay Telephone: (604) CRamsay@cwilson.com Correspondence to the Proposal Trustee should be addressed to: FTI Consulting Canada Inc. Pacific Centre, Suite West Georgia Street Vancouver, BC V7Y 1C6 Attention: Scott Gallon Telephone: (604) scott.gallon@fticonsulting.com

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15 NOTICE TO CREDITORS IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF VICEROY HOMES LTD. ( VHL ) AND IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF VICEROY BUILDING SOLUTIONS LTD. ( VBS ) TAKE NOTICE that by Orders of the Supreme Court of British Columbia pronounced on July 30, 2015, the Proposal Trustee has been authorized to conduct a claims process for the determination of any and all claims against VHL and VBS. In order to participate in any voting or distribution associated with VHL and VBS proceedings under the Bankruptcy and Insolvency Act and any proposal thereunder (the Proposal ), any creditor having a claim against VHL and/or VBS must file a Proof of Claim before September 8, 2015 (the Claims Bar Date ) in accordance with the Claims Process Order. If a creditor does not file a Proof of Claim by the Claims Bar Date, its claim will be forever barred and it will not be entitled to participate in any way in the Proposal. Copies of the Proof of Claim form and instructions as to how to make a claim may be obtained from the Proposal Trustee s website at or by sending a written request to the Proposal Trustee at: FTI Consulting Canada Inc. Pacific Centre, Suite West Georgia Street Vancouver, BC V7Y 1C6 Attention: Scott Gallon scott.gallon@fticonsulting.com

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17 FTI Consulting Canada Inc. Pacific Centre Suite 1502, 701 West Georgia Street Vancouver BC V7Y 1C6 Phone: (604) District of: Division No. Court No. Estate No. British Columbia 03 - Vancouver FORM 31 - Proof of Claim (Sections 50.1, 81.5, 81.6, Subsections 65.2(4), 81.2(1), 81.3(8), 81.4(8), 102(2), 124(2), 128(1), and Paragraphs 51(1)(e) and 66.14(b) of the Act) All notices or correspondence regarding this claim must be forwarded to the following address: In the matter of the proposal of Viceroy Homes Ltd. of the city of Richmond in the Province of British Columbia and the claim of, creditor. I, (name of creditor or representative of the creditor), of the city of in the province of, do hereby certify: 1. That I am a creditor of the above named debtor (or I am (position/title) of, creditor). 2. That I have knowledge of all the circumstances connected with the claim referred to below. 3. That the debtor was, at the date of proposal, namely the 9th day of June 2015, and still is, indebted to the creditor in the sum of $, as specified in the statement of account (or affidavit) attached and marked Schedule "A", after deducting any counterclaims to which the debtor is entitled. (The attached statement of account or affidavit must specify the vouchers or other evidence in support of the claim.) 4. (Check and complete appropriate category.) A. UNSECURED CLAIM OF $ (other than as a customer contemplated by Section 262 of the Act) That in respect of this debt, I do not hold any assets of the debtor as security and (Check appropriate description.) Regarding the amount of $, I claim a right to a priority under section 136 of the Act. Regarding the amount of $, I do not claim a right to a priority. (Set out on an attached sheet details to support priority claim.) B. CLAIM OF LESSOR FOR DISCLAIMER OF A LEASE $ That I hereby make a claim under subsection 65.2(4) of the Act, particulars of which are as follows: (Give full particulars of the claim, including the calculations upon which the claim is based.) C. SECURED CLAIM OF $ That in respect of this debt, I hold assets of the debtor valued at $ as security, particulars of which are as follows: (Give full particulars of the security, including the date on which the security was given and the value at which you assess the security, and attach a copy of the security documents.) D. CLAIM BY FARMER, FISHERMAN OR AQUACULTURIST OF $ That I hereby make a claim under subsection 81.2(1) of the Act for the unpaid amount of $ (Attach a copy of sales agreement and delivery receipts.) Page 1 of 2

18 FORM Concluded E. CLAIM BY WAGE EARNER OF $ That I hereby make a claim under subsection 81.3(8) of the Act in the amount of $, That I hereby make a claim under subsection 81.4(8) of the Act in the amount of $, F. CLAIM BY EMPLOYEE FOR UNPAID AMOUNT REGARDING PENSION PLAN OF $ That I hereby make a claim under subsection 81.5 of the Act in the amount of $, That I hereby make a claim under subsection 81.6 of the Act in the amount of $, G. CLAIM AGAINST DIRECTOR $ (To be completed when a proposal provides for the compromise of claims against directors.) That I hereby make a claim under subsection 50(13) of the Act, particulars of which are as follows: (Give full particulars of the claim, including the calculations upon which the claim is based.) H. CLAIM OF A CUSTOMER OF A BANKRUPT SECURITIES FIRM $ That I hereby make a claim as a customer for net equity as contemplated by section 262 of the Act, particulars of which are as follows: (Give full particulars of the claim, including the calculations upon which the claim is based.) 5. That, to the best of my knowledge, I (am/am not) (or the above-named creditor (is/is not)) related to the debtor within the meaning of section 4 of the Act, and (have/has/have not/has not) dealt with the debtor in a non-arm's-length manner. 6. That the following are the payments that I have received from, and the credits that I have allowed to, and the transfers at undervalue within the meaning of subsection 2(1) of the Act that I have been privy to or a party to with the debtor within the three months (or, if the creditor and the debtor are related within the meaning of section 4 of the Act or were not dealing with each other at arm's length, within the 12 months) immediately before the date of the initial bankruptcy event within the meaning of Section 2 of the Act: (Provide details of payments, credits and transfers at undervalue.) 7. (Applicable only in the case of the bankruptcy of an individual.) Whenever the trustee reviews the financial situation of a bankrupt to redetermine whether or not the bankrupt is required to make payments under section 68 of the Act, I request to be informed, pursuant to paragraph 68(4) of the Act, of the new fixed amount or of the fact that there is no longer surplus income. I request that a copy of the report filed by the trustee regarding the bankrupt s application for discharge pursuant to subsection 170(1) of the Act be sent to the above address. Dated at, this day of,. Witness Creditor Phone Number: Fax Number : Address : NOTE: WARNINGS: If an affidavit is attached, it must have been made before a person qualified to take affidavits. A trustee may, pursuant to subsection 128(3) of the Act, redeem a security on payment to the secured creditor of the debt or the value of the security as assessed, in a proof of security, by the secured creditor. Subsection 201(1) of the Act provides severe penalties for making any false claim, proof, declaration or statement of account. Page 2 of 2

19 FTI Consulting Canada Inc. Pacific Centre Suite 1502, 701 West Georgia Street Vancouver BC V7Y 1C6 Phone: (604) District of: Division No. Court No. Estate No. British Columbia 03 - Vancouver FORM 31 - Proof of Claim (Sections 50.1, 81.5, 81.6, Subsections 65.2(4), 81.2(1), 81.3(8), 81.4(8), 102(2), 124(2), 128(1), and Paragraphs 51(1)(e) and 66.14(b) of the Act) All notices or correspondence regarding this claim must be forwarded to the following address: In the matter of the proposal of Viceroy Building Solutions Ltd. of the city of Richmond in the Province of British Columbia and the claim of, creditor. I, (name of creditor or representative of the creditor), of the city of in the province of, do hereby certify: 1. That I am a creditor of the above named debtor (or I am (position/title) of, creditor). 2. That I have knowledge of all the circumstances connected with the claim referred to below. 3. That the debtor was, at the date of proposal, namely the 9th day of June 2015, and still is, indebted to the creditor in the sum of $, as specified in the statement of account (or affidavit) attached and marked Schedule "A", after deducting any counterclaims to which the debtor is entitled. (The attached statement of account or affidavit must specify the vouchers or other evidence in support of the claim.) 4. (Check and complete appropriate category.) A. UNSECURED CLAIM OF $ (other than as a customer contemplated by Section 262 of the Act) That in respect of this debt, I do not hold any assets of the debtor as security and (Check appropriate description.) Regarding the amount of $, I claim a right to a priority under section 136 of the Act. Regarding the amount of $, I do not claim a right to a priority. (Set out on an attached sheet details to support priority claim.) B. CLAIM OF LESSOR FOR DISCLAIMER OF A LEASE $ That I hereby make a claim under subsection 65.2(4) of the Act, particulars of which are as follows: (Give full particulars of the claim, including the calculations upon which the claim is based.) C. SECURED CLAIM OF $ That in respect of this debt, I hold assets of the debtor valued at $ as security, particulars of which are as follows: (Give full particulars of the security, including the date on which the security was given and the value at which you assess the security, and attach a copy of the security documents.) D. CLAIM BY FARMER, FISHERMAN OR AQUACULTURIST OF $ That I hereby make a claim under subsection 81.2(1) of the Act for the unpaid amount of $ (Attach a copy of sales agreement and delivery receipts.) Page 1 of 2

20 FORM Concluded E. CLAIM BY WAGE EARNER OF $ That I hereby make a claim under subsection 81.3(8) of the Act in the amount of $, That I hereby make a claim under subsection 81.4(8) of the Act in the amount of $, F. CLAIM BY EMPLOYEE FOR UNPAID AMOUNT REGARDING PENSION PLAN OF $ That I hereby make a claim under subsection 81.5 of the Act in the amount of $, That I hereby make a claim under subsection 81.6 of the Act in the amount of $, G. CLAIM AGAINST DIRECTOR $ (To be completed when a proposal provides for the compromise of claims against directors.) That I hereby make a claim under subsection 50(13) of the Act, particulars of which are as follows: (Give full particulars of the claim, including the calculations upon which the claim is based.) H. CLAIM OF A CUSTOMER OF A BANKRUPT SECURITIES FIRM $ That I hereby make a claim as a customer for net equity as contemplated by section 262 of the Act, particulars of which are as follows: (Give full particulars of the claim, including the calculations upon which the claim is based.) 5. That, to the best of my knowledge, I (am/am not) (or the above-named creditor (is/is not)) related to the debtor within the meaning of section 4 of the Act, and (have/has/have not/has not) dealt with the debtor in a non-arm's-length manner. 6. That the following are the payments that I have received from, and the credits that I have allowed to, and the transfers at undervalue within the meaning of subsection 2(1) of the Act that I have been privy to or a party to with the debtor within the three months (or, if the creditor and the debtor are related within the meaning of section 4 of the Act or were not dealing with each other at arm's length, within the 12 months) immediately before the date of the initial bankruptcy event within the meaning of Section 2 of the Act: (Provide details of payments, credits and transfers at undervalue.) 7. (Applicable only in the case of the bankruptcy of an individual.) Whenever the trustee reviews the financial situation of a bankrupt to redetermine whether or not the bankrupt is required to make payments under section 68 of the Act, I request to be informed, pursuant to paragraph 68(4) of the Act, of the new fixed amount or of the fact that there is no longer surplus income. I request that a copy of the report filed by the trustee regarding the bankrupt s application for discharge pursuant to subsection 170(1) of the Act be sent to the above address. Dated at, this day of,. Witness Creditor Phone Number: Fax Number : Address : NOTE: WARNINGS: If an affidavit is attached, it must have been made before a person qualified to take affidavits. A trustee may, pursuant to subsection 128(3) of the Act, redeem a security on payment to the secured creditor of the debt or the value of the security as assessed, in a proof of security, by the secured creditor. Subsection 201(1) of the Act provides severe penalties for making any false claim, proof, declaration or statement of account. Page 2 of 2