Ontario · CCAA
The Monitor files this Twenty-Ninth Report in support of a motion brought by the Monitor for a declaration that: (i) substantially all of the Held Funds are subject to a trust in favour of certain beneficiaries of Carillion Construction and do not form part of the assets that HSBC UK can exercise any rights or remedies in respect of under the pooling arrangements, as further particularized in paragraph 88 of this Report (the “Trust Funds”); (ii) HSBC UK does not have a right of set-off in respect of the Trust Funds; (iii) HSBC UK shall immediately return the Trust Funds to the Monitor, to be held for the benefit of Carillion Construction and its beneficiaries; and (iv) that HSBC UK be required to pay interest on the Trust Funds, in the amount set out in paragraph 90 of this Report. This Twenty-Ninth Report should be read in conjunction with the Sixteenth Report of the Monitor dated November 8, 2018 (the “Sixteenth Report”) and the Twenty-Second Report of the Monitor dated December 4, 2019 (the “Twenty-Second Report”), copies of which are attached hereto as Appendices “B” and “C”
Court officer report · 29 September 2020
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