Monitor’s Certificate of Plan Implementation (September 28, 2021) — Court officer certificate
Yatsen Group of Companies Inc., et al
Follow- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- CV-21-00655505-00CL
Yatsen Group of Companies Inc. obtained protection under the Companies' Creditors Arrangement Act on January 25, 2021, when the Ontario Superior Court of Justice granted an initial order on the application of Yatsen, SAR Real Estate Inc. and the companies listed in Schedule A. Alvarez & Marsal Canada Inc. was appointed monitor. The proceedings are carried on the Commercial List in court file CV-21-00655505-00CL and remain active.
A claims procedure has been established — see the order for deadlines.
Per the Claims Procedure Order (August 4, 2021) dated 4 August 2021.
The officer filed report no. Sixth Report. The Applicants, having obtained creditor approval of their CCAA Plan at the September 9, 2021 meeting, are seeking court sanction and an extension of the stay to implement the Plan and terminate the CCAA proceedings; they continue to have negligible cash on hand, with rent obligations paid directly by Individual Opcos/franchisees and professional fees funded via draws on the DIP Facility.
Source: Sixth Report of the Monitor
The officer filed report no. Fifth Report. The Applicants have no employees and no operating cash flow of their own; rent obligations continue to be paid directly to landlords by Individual Opcos and franchisees, while the Applicants pursue lease terminations/amendments and a Plan of Compromise and Arrangement with landlords.
Source: Fifth Report of the Monitor
The officer filed report no. Fourth Report of the Monitor. The Applicants continue operating their restaurant business while negotiating lease amendments with landlords and disclaiming unsustainable leases, with rent for ongoing leases continuing to be paid by Individual Opcos.
Source: Fourth Report of the Monitor
The officer filed report no. Second Report of the Monitor. The Applicants continue operating their restaurant locations while negotiating lease amendments with landlords, having disclaimed 27 leases and vacated most of those and other expired locations; rent continues to be paid by Individual Opcos/franchisees on the Applicants' behalf.
Source: Second Report of the Monitor
The stay of proceedings was extended. Court file CV-21-00655505-00CL.
Source: Amended and Restated Order
The Ontario Superior Court of Justice granted an initial order under the Companies' Creditors Arrangement Act on Monday, January 25, 2021, appointing Alvarez & Marsal Canada Inc. as monitor.
Debtor
Yatsen Group of Companies Inc., et al
Monitor
Alvarez & Marsal
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Koehnen | Ontario Superior Court of Justice | 2 orders, Aug 2021 | 73 cases on record |
| Justice Hainey | Ontario Superior Court of Justice | 2 orders, Jan 2021 – Mar 2021 | 196 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorAlvarez & Marsal | Osler, Hoskin & Harcourt LLP | 20 May 2021 | Service list · 20 May 2021 |
| ApplicantYatsen Group of Companies Inc., et al | Goodmans LLP | 29 Mar 2021 | Order · 29 Mar 2021 |
| CreditorBrookfield Properties Retail Inc | Miller Thomson LLP | 20 May 2021 | Service list · 20 May 2021 |
| CreditorCambridgeSide Galleria Associates Trust and New Westgate Mall LLC | Mirick, O'Connell Demallie & Lougee, LLP | 20 May 2021 | Service list · 20 May 2021 |
| CreditorPence Group | Camelino Galessiere LLP | 20 May 2021 | Service list · 20 May 2021 |
| CreditorReep-Rtl DTC VA LLC | Goodwin Procter LLP · Norton Rose Fulbright Canada LLP | 20 May 2021 | Service list · 20 May 2021 |
| CreditorWells Fargo Bank, National Association | Blake, Cassels & Graydon LLP | 20 May 2021 | Service list · 20 May 2021 |
| CreditorWestfield | Miller Thomson LLP | 20 May 2021 | Service list · 20 May 2021 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Wells Fargo Bank, National Association (as administrative agent, and lenders under the Wells Fargo Credit Facility) · in 5 casesSecured guarantee granted by YGC; facility limit US$70 million revolving credit facility, of which approximately US$50 million drawn as at December 31, 2020; security perfected by PPSA registration in Ontario — YGC's guarantee obligation is secured; Wells Fargo to be treated as unaffected creditor and its security ranks ahead of/senior to the proposed Administration Charge and DIP Lender's Charge; security opinion pending (counsel's view subject to customary qualifications, formal opinion to be prepared) — debtor: SAR Holdings Inc. (SHI, non-Applicant borrower); guaranteed by Edjar Food Group · as of 31 Dec 2020 | $50M USD | First Report of the Monitor |
| 4 | Secured | 1699803 Ontario Inc. (DIP Lender)as of NOI/Pre-Filing Report date — DIP Lender's Charge over Applicants' Property; facility limit (not a balance) up to maximum principal amount of $5,000,000; subordinate to Wells Fargo's security — Related party: DIP Lender is an entity owned by the equity holders of the Company; amount is a facility limit, not a drawn balance — debtor: Yatsen Group of Companies Inc. (Administrative Borrower) and each of the other Applicants | — | First Report of the Monitor |
| 8 | Unsecured | Landlords (rent arrears across Real Estate Segment leases held by Applicants) · in 5 casesAggregate arrears across Applicants' 189 leases; of this amount, US$8.4 million relates to leases guaranteed by YGC (a related-party guarantee); table also breaks down by entity (YGC $0 direct arrears/$8.4M guaranteed, SAR Real Estate $22.6M, Individual Leasecos (Applicants) $4.2M) — debtor: Applicants (SAR Real Estate and Individual Leasecos) · as of 31 Dec 2020 | $26.8M USD | First Report of the Monitor |
“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
Landlords: 50 % of allowed claims.Under the plan · implementedSixth Report of the Monitor · 10 Sep 2021
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Landlord | Affected Landlord Creditors | — | 50 %of allowed claims | Under the planimplementedper the monitor | Sixth Report of the Monitor · 10 Sep 2021 |
Each row is one filing's statement, copied as it reads and never computed. "Estimated" is the officer's forecast; "Under the plan" is the plan's or proposal's own term; "Final" is a declared or paid distribution; a row with no chip states no footing. A range is the two numbers stated; "of proven claims" is the document's own denominator.
1 engagement · 1 firm — Osler, Hoskin & Harcourt LLP, 21 Jan – 8 Sep 2021Sixth Report of the Monitor · 10 Sep 2021
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Osler, Hoskin & Harcourt LLPCounsel | 21 Jan – 8 Sep 2021 | 250.4 | — | $794.34stated average | Sixth Report of the Monitor · 10 Sep 2021 |
Cumulative receipts
$0
As at 18 Jun 2021Third Report of the Monitor
Cumulative disbursements
$-500K
As at 18 Jun 2021Third Report of the Monitor
Cash on hand
$0
As at 29 Jul 2021Fifth Report of the Monitor
Professional fees to date
$433K
As at 10 Sep 2021Sixth Report of the Monitor
| Date | Document | File |
|---|---|---|
| Monitor’s Certificate of Plan Implementation (September 28, 2021) | ||
| Factum of the Applicants returnable September 20, 20214 | ||
| Motion Record returnable September 20, 2021 | ||
Sanction Order (September 20, 2021)
| ||
Sixth Report of the Monitor
| ||
| Supplemental Affidavit of Joseph McCullagh sworn September 10, 2021 | ||
| D&O Proof of Claim Instruction Letter | ||
| Notice of Meeting of Creditors | ||
| Proof of Claim Instruction Letter | ||
Claims Procedure Order (August 4, 2021)
| ||
| Factum of the Applicants returnable August 4, 2021 | ||
Meeting Order (August 4, 2021)
| ||
| Motion Record returnable August 4, 2021 | ||
| Affidavit of Joseph McCullagh sworn July 30, 2021 | ||
Fifth Report of the Monitor
| ||
| Factum returnable July 21, 2021 | ||
| Motion Record returnable July 21, 2021 | ||
Stay Extension Order - July 21, 2021
| ||
Fourth Report of the Monitor
| ||
| Factum returnable June 25, 2021 | ||
| Motion Record returnable June 25, 2021 | ||
Stay Extension Order - June 25, 2021
| ||
Third Report of the Monitor
| ||
Master Service List
| ||
| Factum of the Applicants returnable March 29, 2021 | ||
| Handwritten Endorsement of Hainey J - March 29, 2021 | ||
| Motion Record returnable March 29, 2021 | ||
Settlement Approval Order - March 29, 2021
| ||
| Stay Extension Order - March 29, 2021 | ||
Unofficial Transcript of Endorsement of Hainey J - March 29, 2021
| ||
Second Report of the Monitor
| ||
Amended and Restated Order
| ||
| Motion Record returnable February 2, 2021 | ||
First Report of the Monitor
| ||
Application Record returnable January 25, 2021
| ||
| D&O Claims Form | ||
Handwritten Endorsement of Hainey J
| ||
Initial Order dated January 25, 2021 (certified)
| ||
| Notice of Dispute of Claim | ||
| Pre-Filing Report | ||
| Book of Authorities of the Applicants | ||
| E-Service List | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Yatsen Group of Companies Inc., et al” (CCAA), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/yatsen-group-of-companies-inc-et-al