British Columbia · CCAA
Affidavit of Edward Kelly
Affidavit · 3 June 2024
AI summary
A plain-English summary drawn only from this filing: what it is, why it matters, and the parties, amounts and dates it turns on.
What we verified from this filing3 verified
- secured creditorsnote: Senior secured creditor. Also described in prose as amount claimed (including accrued interest) of approximately CAD$13.2 million 'as at the Filing Date' (p.9); demand letter of May 23, 2024 (payable by June 3, 2024) sets exact balance of US$9,741,008.00, enclosed with a Notice of Intention to Enforce Security under BIA s.244; on May 24, 2024 OCIM delivered notice purporting to exercise rights under the Share Pledge to take ownership of Chala One and Corizona shares. · page: 11 · as of: 2024-05-23 · amount: 9741008 · debtor: Inca One Gold Corp. (Chala One S.A.C. is a signatory to the GSA) · creditor: OCIM Metals and Mining SA (formerly OCIM Precious Metals SA) · currency: USD · security: General Security Agreement (GSA) over Inca One; Share Pledge Agreement over shares of Chala One S.A.C. and Corizona S.A.C.; Peruvian liens registered against Chala One Plant and equipment pursuant to the GSA
- secured creditorsnote: Equinox holds a 19.99% shareholding in Inca One and an unexercised contractual right to a board seat. Equinox delivered a Reservation of Rights letter dated April 18, 2024 reserving rights under the Promissory Note/Equinox Agreement following OCIM's default notice. · page: 11 · as of: filing date · amount: 7100000 · debtor: Inca One Gold Corp. (Secured Promissory Note); shares of Anthem United Inc. pledged as collateral · creditor: Equinox Gold Corp. · currency: CAD · security: Secured Promissory Note (original principal amount $9,000,000, dated August 20, 2018) and Share Pledge Agreement pledging shares of Anthem United Inc.
- financial positionnote: Assets stated only as components, not a total: property, plant and equipment book value ~US$8.6 million and current assets (cash, receivables, prepaids, deposits, inventory) ~US$13.2 million; replacement cost of the Plants estimated separately at US$23-35 million (not a balance sheet figure). Per rule against summation, total_assets is left null. · page: 17 · as at: 2024-04-30 · basis: book value, as measured by International Financial Reporting Standards (draft/unaudited per Exhibits R/S for the year ending April 30, 2024) · scope: consolidated - Inca One Gold Corp. and its subsidiaries (the Inca Group) · currency: USD · total liabilities: 29800000