Alberta · Receivership (court-appointed)
Affidavit of Rehman Mulji, sworn January 5, 2025
Affidavit · 5 January 2025
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 filing2 verified
- secured creditorsnote: No combined total stated for Apex's four facilities; components (incl. accrued interest) as of Jan 2, 2025: Term Loan 766-***3700 total $694,795.21; Term Loan 766-***1800 total $1,918,210.95; Term Loan 766-***8500 total $270,126.69; Revolving Line of Credit 766-***1500 total $182,527.76. Also secured/guaranteed by personal guarantees of David Herbert, Murray & Carolyn Herbert (joint, up to $1.1M) and Steven Herbert (limited, up to $1.1M, contingent/not yet demanded due to consumer proposal stay); guarantee obligations further secured by Herbert Mortgages and Herbert GSA over lands owned by Murray & Carolyn Herbert. · page: 13 · debtor: Apex Nutri-Solutions Inc. · creditor: ATB Financial · currency: CAD · security: Collateral mortgage dated June 10, 2019 (as amended Sept 29, 2020), principal sum $2,400,000, charging the Apex Lands (Plan 1820044, Block 1, Lot 1, 21.08 acres) owned by Apex; General Security Agreement dated March 2, 2018 charging Apex's personal property; pledges under Deposit of Security Agreements dated June 10 & 26, 2019; General Assignment of Rents and Leases; unlimited guarantee from 217 AB.
- secured creditorsnote: Commercial Term Loan 766-35652871600: outstanding balance $381,268.94 plus accrued interest $40,512.09. Also secured/guaranteed by personal guarantees of David Herbert, Murray & Carolyn Herbert (joint, up to $413,425) and Steven Herbert (limited, up to $413,425, contingent/not yet demanded due to consumer proposal stay); guarantee obligations further secured by Herbert Mortgages and Herbert GSA over lands owned by Murray & Carolyn Herbert. · page: 13 · as of: 2025-01-02 · amount: 421781.03 · debtor: 2175551 Alberta Ltd. (217 AB) · creditor: ATB Financial · currency: CAD · security: General Security Agreement dated March 2, 2018 charging 217 AB's personal property; pledges under Deposit of Security Agreements dated June 10 & 26, 2019; unlimited guarantee from Apex.