Ontario · Receivership (court-appointed)
Application Record of EDC
Application / notice of application · 22 February 2024
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What we verified from this filing7 verified
- secured creditorsnote: Exclusive of enforcement costs. EDC Loan facility/original advance was USD 12,500,000 (facility amount, not a balance). Obligations also guaranteed by Naverra LLC (formerly Solar Seal Architectural LLC), an affiliate of Antamex under common director/owner Jeremy Ozen (related-party guarantor). EDC Demand Letter and 244 Notice issued January 10, 2024; Indebtedness not repaid as of application date. · page: 11 · as of: 2024-02-20 · amount: 10462962.93 · debtor: Antamex Industries ULC · creditor: Export Development Canada (EDC) · currency: USD · security: EDC GSA and EDC US GSA - 1st-priority security interest in the EDC Priority Collateral (glass production equipment financed by EDC), plus a residual security interest in all of Antamex's other present and after-acquired personal property, ranking 3rd behind HSBC Bank Canada and Waygar Capital Inc.; perfected by Ontario PPSA, BC PPSA and Washington DC UCC registrations.
- secured creditorsnote: Approximate aggregate figure per affiant's discussions with HSBC representatives, no specific balance date given. Antamex guarantees 256 Victoria's obligations to HSBC on a secured basis under the HSBC Guarantee; HSBC has not made demand on the HSBC Guarantee. HSBC subordinated its security interest in the EDC Priority Collateral to EDC per HSBC Subordination Agreement dated November 5, 2021; otherwise HSBC's security is unaffected and ranks ahead of EDC's residual security. · page: 35 · amount: 7025000 · debtor: 256 Victoria Street West ULC (primary borrower); Antamex Industries ULC (secured guarantor) · creditor: HSBC Bank Canada · currency: CAD · security: HSBC GSA executed by Antamex granting HSBC a first-ranking security interest in all of Antamex's present and after-acquired personal property (subject to HSBC Subordination Agreement in favour of EDC over the EDC Priority Collateral); HSBC also holds a charge on the Alliston Facility (256 Victoria's real property).
- secured creditorsnote: EDC understands Antamex does not presently owe any amounts to Waygar; Waygar's financing statements appear to have expired or been deleted (security status: lapsed/discharged). · page: 36 · debtor: Antamex Industries ULC · creditor: Waygar Capital Inc. · currency: CAD · security: Previously held financing statements registered under Ontario PPSA and BC PPSA; subordinated its security interest in the EDC Priority Collateral to EDC per Waygar Subordination Agreement dated December 17, 2021.
- secured creditorsnote: Pursuant to O3 Subordination Agreement dated November 5, 2021, O3 subordinated and postponed all existing and future indebtedness of Antamex to O3 in favour of EDC's indebtedness. Amount owing by Antamex to O3 not stated. · page: 37 · debtor: Antamex Industries ULC · creditor: O3 Industries LLC · security: Registered secured creditor of Antamex under PPSA registrations in Ontario and British Columbia.
- secured creditorsnote: Bercon executed an estoppel certificate dated December 13, 2021 in favour of EDC in respect of one such Ontario PPSA financing statement. Amount owing not stated. · page: 38 · debtor: Antamex Industries ULC · creditor: Bercon Rentals Inc. · security: PPSA financing statements registered against Antamex concerning various lease agreements.
- secured creditorsnote: Aggregated class includes: Tip Fleet Services Canada Ltd., CWB National Leasing Inc., Great Lakes Truck Leasing and Service Ltd, and Deutsche Leasing Canada, Corp. Amounts owing not stated. · page: 38 · debtor: Antamex Industries ULC · creditor: PPSA equipment financiers (PMSI class) · security: Ontario PPSA registrations against specific pieces of machinery and equipment; registrations do not appear to affect Antamex's personal property generally.
- secured creditorsnote: Registration appears limited to a specific GIC account and does not appear to affect Antamex's personal property generally. · page: 38 · debtor: Antamex Industries ULC · creditor: Canadian Imperial Bank of Commerce (CIBC) · currency: CAD · security: British Columbia PPSA registration in respect of a GIC account, original principal amount CAD $35,000 (not a stated current balance).