WYNIT Distribution, LLC and six affiliates, including Canadian local debtor WD Navarre Canada, ULC, are the subject of active CCAA recognition proceedings in the Ontario Superior Court of Justice, commenced September 21, 2017 under court file CV-17-582329-00CL, with KSV Kofman Inc. as Information Officer. The group's US petitions were filed September 8, 2017, when approximately US$76 million was outstanding to the Prepetition Senior Lenders, secured over all of the debtors' assets, including the Canadian assets, under the Ontario PPSA; Chaitons LLP confirmed that security valid and perfected. Interim DIP advances of US$3.5 million, authorised by the Interim DIP Order, were increased to US$8 million by a Second Interim DIP Order dated September 27, 2017, under a DIP facility committed up to $15 million and secured by a super-priority DIP Lender's Charge in both the United States and Canada.
The officer filed report no. Sixth Report. The report notes that over the course of the Chapter 11 proceedings the Debtors liquidated substantially all of their assets (inventory and accounts receivable) and have now ceased business operations, with the case converting from Chapter 11 to Chapter 7 and a Chapter 7 trustee appointed to wind up remaining matters.
Source: Sixth Report of the Information Officer dated January 18, 2018
Court Order dated December 5, 2017 re: Remaining Inventory and Vendor Settlements was filed.
Source: Court Order dated December 5, 2017 re: Remaining Inventory and Vendor Settlements
Second Supplemental Motion Record returnable December 5, 2017 — Application / notice of application
Motion Record returnable November 30, 2017 Volume 1 of 2 — Application / notice of application
Motion Record returnable November 30, 2017 Volume 2 of 2 — Application / notice of application
Motion Record returnable November 10, 2017 - Part 1 of 2 — Application / notice of application
Motion Record returnable November 10, 2017 - Part 2 of 2 — Application / notice of application
The court approved a sale and investment solicitation process. A bid deadline of 2017-10-16.
Source: Bid Procedures and Sale Order dated October 23, 2017
Endorsement of Justice Morawetz re: Bid Procedures and Sale Order dated October 23, 2017 — Endorsement / reasons
Endorsement of Justice Morawetz re: Expansion of Proceedings dated October 23, 2017 — Endorsement / reasons
Bid Procedures and Sale Order Recognition Motion returnable October 20, 2017 Part 1 of 3 — Application / notice of application
Expansion of Proceedings Motion Record returnable October 20, 2017 Part 1 of 2 — Application / notice of application
Expansion of Proceedings Motion Record returnable October 20, 2017 Part 2 of 2 — Application / notice of application
Supplement to the Second Report of Information Officer dated October 19, 2017 — Court officer report
Opened the Ontario recognition proceeding under the CCAA on WYNIT Distribution, LLC's application, appointing KSV Kofman Inc. as Information Officer for the seven-debtor group.
Amended and Restated Application Record returnable September 21, 2017 - Part 1 of 4 — Application / notice of application
Amended and Restated Application Record returnable September 21, 2017 - Part 2 of 4 — Application / notice of application
Amended and Restated Application Record returnable September 21, 2017 - Part 3 of 4 — Application / notice of application
Amended and Restated Application Record returnable September 21, 2017 - Part 4 of 4 — Application / notice of application
Application filed in the Ontario Superior Court of Justice, commencing the proceedings against WYNIT Distribution, LLC and the affiliated respondent entities under file CV-17-582329-00CL.
Debtor
WYNIT Distribution, LLC, WD Navarre Canada, ULC, WD Navarre Distribution, LLC, WD Encore Software, LLC, WD Navarre Holdings, LLC, WD Navarre Digital Services, LLC, WYNIT Holdings, Inc.
Information officer
AlixPartners
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Morawetz | Ontario Superior Court of Justice | 10 orders, Sep 2017 – Dec 2017 | 130 cases on record |
| Justice Hainey | Ontario Superior Court of Justice | 2 orders, Sep 2017 – Oct 2017 | 196 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| DebtorWYNIT Distribution, LLC, WD Navarre Canada, ULC, WD Navarre Distribution, LLC, WD Encore Software, LLC, WD Navarre Holdings, LLC, WD Navarre Digital Services, LLC, WYNIT Holdings, Inc. | Stinson Leonard Street LLP | 20 Oct 2017 | Application · 20 Oct 2017 |
| Foreign representative | Goldman Sloan Nash & Haber LLP | 8 Sep 2017 | Application · 8 Sep 2017 |
| Foreign representativeLocal | Goldman Sloan Nash & Haber LLP | 21 Sep 2017 | Order · 21 Sep 2017 |
| CreditorFitbit, Inc | Akin Gump Strauss Hauer & Feld LLP · McMillan LLP | 30 Nov 2017 | Service list · 30 Nov 2017 |
| CreditorForeign | Goldman Sloan Nash & Haber LLP | 8 Sep 2017 | Application · 8 Sep 2017 |
| Creditorinformation officer | Chaitons LLP | 30 Nov 2017 | Service list · 30 Nov 2017 |
| CreditorLocal | Goldman Sloan Nash & Haber LLP | 20 Sep 2017 | Factum · 20 Sep 2017 |
| CreditorLocal and the Foreign | Goldman Sloan Nash & Haber LLP | 23 Oct 2017 | Affidavit · 23 Oct 2017 |
| CreditorLondon | Hooligans Entertainment LLP | 10 Nov 2017 | Application · 10 Nov 2017 |
| CreditorWells Fargo Bank, as agent | Goodmans LLP | 18 Jan 2018 | Service list · 18 Jan 2018 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Prepetition Senior Lenders (syndicate under Prepetition Credit Facility)as of date of filing of the petitions (September 8, 2017) — Security over all of the Debtors' assets, including all assets of the Local Debtor, registered under Ontario PPSA; independent security opinion obtained by Chaitons LLP confirming valid and perfected security interest — Approximately $76 million outstanding as at petition date; DIP Facility roll-up applies repayments first against this facility; security opinion confirmed valid and perfected (not merely pending) — debtor: All Debtors, including WD Navarre Canada, ULC (Local Debtor); WYNIT Holdings, Inc. as guarantor | $76M USD | First Report of the Information Officer dated September 29, 2017 |
| 4 | Secured | DIP Lenders (Wells Fargo Bank, N.A. as Agent, JPMorgan Chase Bank, N.A., SunTrust Robinson Humphrey, Inc., SunTrust Bank) · in 3 casesas of Interim DIP Order (September 13/14, 2017); increased to $8 million under Second Interim DIP Order dated September 27, 2017 — Super-priority DIP Lender's Charge in both US and Canada; DIP Facility commitment up to $15 million (facility limit, not balance); interim advances increased from $3.5 million to $8 million per Second Interim DIP Order — Post-filing financing (DIP), not pre-filing debt; included here for completeness of secured stack disclosed in document but represents postpetition, not pre-filing, capital structure — debtor: US Borrowers and WD Navarre Canada, ULC (Canadian Borro | $3.5M USD | First Report of the Information Officer dated September 29, 2017 |
| 4 | Secured | Fitbit, Inc.Registered secured creditor under Ontario Personal Property Security Act (PPSA); blanket/all-property registrant — Only other secured creditor registered under PPSA besides Prepetition Senior Lenders; amount not stated; represented at First Day Motions hearing with input into Interim DIP Order — debtor: WD Navarre Canada, ULC (Local Debtor) | — | First Report of the Information Officer dated September 29, 2017 |
| 8 | Unsecured | Top 20 unsecured creditors (aggregate as understood by Proposed Information Officer)as of September 18, 2017 (date of Pre-filing Report) — Document names no individual creditors; figure described as preliminary/approximate ('understands...approximately'); Debtors' Canadian creditor composition not fully finalized as of report date — debtor: WD Navarre Canada, ULC (Local Debtor) | $11M USD | First Report of the Information Officer dated September 29, 2017 |
“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
5 transactions · 2 closed · 1 approved · 1 back-up bid · 1 not completed — Order authorizing sale of remaining inventory recognized by Canadian courtCourt Order dated December 5, 2017 re: Remaining Inventory and Vendor… · 5 Dec 2017
| Purchaser | Price | Status | Source |
|---|---|---|---|
| the LiquidatorStalking horseassets sold pursuant to the Agency and Sale Agreement · auction | not statedThere have been no changes to the economic terms of the Stalking Horse Agreement described in the Second Report. | Approved | Supplement to the Second Report of Information… |
| GBH Wynit, LLCStalking horseany assets located in Canada sold by the Agent pursuant to the Sale Agreement (the "Canadian Assets") · asset sale · agreement 16 Oct 2017 | $48Mnet minimum guarantee amount | Closed23 Oct 2017 | Fifth Report of the Information Officer dated… |
| Richdale Ventures, LLC and 3MG LLCthe Canadian Assets · asset sale | $1.48M USDaggregate purchase price under the Back-Up Bidder APA per Schedule B, paragraph 41 | Back-up bid10 Nov 2017 | Court Order dated November 10, 2017 |
| Sereno Ventures, LLCall of the Sellers' right, title and interest in and to the assets located in Canada and being sold pursuant to the Sale Agreement (the "Canadian Assets") · asset sale · agreement 9 Nov 2017 | $1.7MOrder recognizes U.S. sale order; global agreement price of $1,700,000 stated in U.S. Sale Order for Encore Assets (see Schedule B). | Closed13 Nov 2017outside 13 Nov 2017 | Fifth Report of the Information Officer dated… |
| GBH Wynit, LLCRemaining Inventory (excluding Remaining Inventory subject to the Settlement Agreements) · auction | not statedagency commission of 10% of gross sale proceeds; RI Agreement not approved by US Court | Not completed | Fifth Report of the Information Officer dated… |
| Date | Document | File |
|---|---|---|
Notice of Appearance dated January 18, 2018
| ||
Sixth Report of the Information Officer dated January 18, 2018
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Court Order dated December 5, 2017 re: Lease Rejection
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Court Order dated December 5, 2017 re: Remaining Inventory and Vendor Settlements
| ||
Endorsement of Justice Morawetz dated December 5, 2017
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Second Supplemental Motion Record returnable December 5, 2017
| ||
| Supplemental Motion Record returnable December 5, 2017 | ||
Fifth Report of the Information Officer dated December 1, 2017
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| Motion Record returnable November 30, 2017 Volume 1 of 2 | ||
| Motion Record returnable November 30, 2017 Volume 2 of 2 | ||
Service List as at November 30, 2017
| ||
Court Order dated November 10, 2017
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Endorsement of Justice Morawetz dated November 10, 2017
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Motion Record returnable November 10, 2017 - Part 1 of 2
| ||
Motion Record returnable November 10, 2017 - Part 2 of 2
| ||
| Supplemental Affidavit of Mario Forte sworn November 10, 2017 | ||
| Fourth Report of Information Officer dated November 9, 2017 | ||
Endorsement of Justice Morawetz dated November 1, 2017
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Final DIP Order dated November 1, 2017
| ||
| Motion Record returnable November 1, 2017 | ||
| Third Amended and Restated Supplemental Order dated November 1, 2017 | ||
Third Report of the Information Officer dated October 30, 2017
| ||
| Second Amended and Restated Supplemental Order dated October 24, 2017 | ||
Affidavit of Jordan Barris sworn October 23, 2017
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Bid Procedures and Sale Order dated October 23, 2017
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Court Order re Expansion of Proceedings dated October 23, 2017
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Endorsement of Justice Morawetz re: Bid Procedures and Sale Order dated October 23, 2017
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Endorsement of Justice Morawetz re: Expansion of Proceedings dated October 23, 2017
| ||
Bid Procedures and Sale Order Recognition Motion returnable October 20, 2017 Part 1 of 3
| ||
| Bid Procedures and Sale Order Recognition Motion returnable October 20, 2017 Part 2 of 3 | ||
| Bid Procedures and Sale Order Recognition Motion returnable October 20, 2017 Part 3 of 3 | ||
| Expansion of Proceedings Motion Record returnable October 20, 2017 Part 1 of 2 | ||
Expansion of Proceedings Motion Record returnable October 20, 2017 Part 2 of 2
| ||
Supplement to the Second Report of Information Officer dated October 19, 2017
| ||
| Second Report of Information Officer dated October 17, 2017 | ||
Endorsement of Justice Hainey dated October 2, 2017
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| First Amended and Restated Supplemental Order dated October 2, 2017 | ||
| Motion Record returnable October 2, 2017 Part 1 of 3 | ||
| Motion Record returnable October 2, 2017 Part 2 of 3 | ||
| Motion Record returnable October 2, 2017 Part 3 of 3 | ||
| Second Interim DIP Order dated October 2, 2017 | ||
First Report of the Information Officer dated September 29, 2017
| ||
Amended and Restated Application Record returnable September 21, 2017 - Part 1 of 4
| ||
| Amended and Restated Application Record returnable September 21, 2017 - Part 2 of 4 | ||
| Amended and Restated Application Record returnable September 21, 2017 - Part 3 of 4 | ||
| Amended and Restated Application Record returnable September 21, 2017 - Part 4 of 4 | ||
| Endorsement of Justice Hainey dated September 21, 2017 | ||
Initial Recognition Order dated September 21, 2017
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| Supplemental Order dated September 21, 2017 | ||
Amended Factum of the Applicant dated September 20, 2017
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| Brief of Authorities dated September 20, 2017 | ||
| Report of the Proposed Information Officer dated September 18, 2017 | ||
Interim Stay Order dated September 8, 2017
| ||
Notice of Application dated September 8, 2017
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “WYNIT Distribution, LLC, WD Navarre Canada, ULC, WD Navarre Distribution, LLC, WD Encore Software, LLC, WD Navarre Holdings, LLC, WD Navarre Digital Services, LLC, WYNIT Holdings, Inc.” (Foreign recognition (CCAA)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/wynit-distribution-llc-wd-navarre-canada-ulc-wd-navarre-distribution-llc-wd-enco
Sources last checked · summary updated 19 August 2026 · Report a correction · Printed from proceedings.ca/case/wynit-distribution-llc-wd-navarre-canada-ulc-wd-navarre-distribution-llc-wd-enco
Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.