Proceedings.

Ontario · CCAA

THIS COURT ORDERS that the Stay Period is hereby extended from January 22. 2021 until and including January 28, 2022. EXPANSION OF POWERS THIS COURT ORDERS that, with the prior written consent of Zurich and the Agent or further Order of the Court, upon service of a notice in the form attached hereto as Schedule "A" (the "Expansion of Powers Notice”) on the Service List and without limiting the powers and protections in favour of the Monitor set out in the Initial Order or any other Order of this Own in the CCAA Proceedings, or under the CCAA or applicable law, the Monitor is hereby authorized and empowered, but not obligated to; (a) execute, assign, issue and endorse agreements, instruments, notices, directions, settlements, filings, certificates, authorizations and other documents of whatever nature on behalf of each of the Applicants as the Monitor deems appropriate, whether in the Monitor's name or in the name of and on behalf of any one of the Applicants; (b) delegate to: (i) such employees of Ernst & Young Inc. as the Monitor deems appropriate, or (ii) such employees of an Applicant as identified by the Monitor in a certificate delivered to the CCAA Filing Agreement parties and filed with the Court, the authority to sign such agreements, instruments, notices, directions, settlements. filings, certificates, authorizations and other documents of whatever nature on behalf of the Applicants; (c) execute, assign, issue and endorse agreements, instruments, notices, directions, settlements, filings, certificates, authorizations and other documents of whatever nature and take any steps of whatever nature on behalf of HGH Project Co and delegate such authority, in each case to the extent authorized by any power of attorney granted by HGH Project Co; (d) take steps to cause the Applicants to disclaim any agreements to which any of the Applicants are party in accordance with the CCAA; (e) take any and all corporate actions and actions regarding the governance of any Applicant that the board of directors or shareholders of any Applicant would otherwise take the authority to undertake (Governance Actions") including, without limitation, with respect to the bankruptcy, winding-up, dissolution or liquidation of the Applicants, provided, however, that the Monitor shall consult with Zurich and the Agent with respect to any such bankruptcy, winding-up, dissolution or liquidation and any such bankruptcy, winding-up, dissolution or liquidation shall be subject to the prior consent of both Zurich and the Agent of further order' of this Court; (f) exercise, on behalf of Bondfield Construction Company Limited, any rights and entitlements of Bondfield Construction Company Limited pursuant to the Shared Services Agreement; (g) exercise any shareholder, partnership, joint venture or other rights which the Applicants may have including, without limitation, in respect of HGH Project Co; (h) instruct subcontractors, suppliers and other parties on behalf of the Applicants as the Monitor deems necessary to complete any remaining construction work of the Applicants; (i) report to, meet with, discuss, and share information with such persons as the Monitor deems appropriate, subject to such terms as to confidentiality as the Monitor deems advisable; (j) on behalf of the Applicants, terminate any employees who remain employees of the Applicants and prepare and file employee-related remittances, T4 statements and records of employment, based solely upon the information in the Applicants' books and records on the basis that the Monitor shall incur no liability or obligation to any person with respect to such returns, remittances, statements, records or other documentation; (k) cause the Applicants to file, or take such actions necessary for the preparation and filing of, on behalf of and in the name of the Applicants, any tax returns, based solely upon the information in the Applicants' books and records on the basis that the Monitor shall incur no liability or obligation to any person with respect to such returns, (l) cause the Applicants to claim, or claim on behalf of the Applicants, or pay any and all rebates, refunds and other amounts of tax paid or payable by the Applicants, based solely upon the information in the Applicants' books and records on the basis that the Monitor shall incur no liability or obligation to any person with respect to such taxes, rebates, refunds or other amounts; and (m) take control of and/or open bank accounts in the name of the Applicants, including those listed on Schedule "B" attached hereto, (the "Bank Accounts") and the funds credited thereto or deposited therein including, but not limited to, transferring any funds received into these bank accounts to accounts had in the name of the Monitor; provided that the Monitor shall endeavor to cause the Applicants to perform the obligations of the Applicants with respect to such Bank Accounts, including the payment of any fees or expenses arising in the ordinary course from the use of the accounts. Provided always that nothing in this Order or anything done by the Monitor in furtherance of its duties as Monitor shall create any obligation or liability on the part of the Monitor in respect of any amounts owing by the Applicants on account of payment of such fees or expenses; and (n) take any steps reasonably incidental to the exercise of these powers (collectively, the "Expansion of Powers"}

Court officer certificate · 18 January 2021

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