Ontario · Receivership (court-appointed)
Affidavit of R. Manea sworn November 29, 2019
Affidavit · 29 November 2019
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What we verified from this filing2 verified
- unsecured creditorsnote: Pre-filing supply of fuel/goods. Stated as 'approximate amounts of USD$4 million CDN$5.5 million' as at the date of receivership (Sept 30, 2019) - two currency components, approximate, not summed per report-never-compute. Historically Eagle's indebtedness to Pilot ranged USD$7 million to USD$14 million (Jackson Aff. para 7). Blakes' Oct 19, 2019 letter (page 20) restates the pre-filing supply piece as 'considerable outstanding debt on account of pre-filing supply' without a figure. Unsecured trade (fuel) supplier. Separately, POST-filing (post-receivership) supply indebtedness of CDN$4,594,495.90 as at Oct 19, 2019 (page 19, net of a CDN$235,549.53 rebate set-off) is also claimed, but that is post-filing and not part of pre-filing capital structure. · page: 8 · as of: September 30, 2019 (date of receivership) · basis: Amount owed to Pilot as sworn in the Jackson Affidavit (fuel supplier's own evidence); pre-filing supply indebtedness · debtor: Eagle (908593 Ontario Limited o/a Eagle Fleet Services and related Eagle entities) · creditor: Pilot (SFJ Inc., Pilot Travel Centers LLC and Flying J Canada Inc.) · currency: USD/CAD
- unsecured creditorsnote: Stated as 'approximately CDN$12 million of unremitted pre-filing Profit Share' (fuel card program); amount is approximate. Distinct basis from the pre-filing supply claim above. Pilot reserves the right to make a trust claim for the pre-filing Card Business Profit Share (a reserved trust claim only, not established security). The Receiver's counsel (Aird & Berlis, Nov 1, 2019 letter) has not admitted the claim and will review it if and when made. · page: 20 · as of: pre-filing (pre-receivership, before September 30, 2019) · basis: Unremitted pre-filing Profit Share under the Fuel Marketing Agreement, per Pilot's counsel (Blakes) Oct 19, 2019 letter · amount: 12000000 · debtor: Eagle (908593 Ontario Limited o/a Eagle Fleet Services and related Eagle entities) · creditor: Pilot (SFJ Inc., Pilot Travel Centers LLC and Flying J Canada Inc.) · currency: CAD