Alberta · Receivership (court-appointed)
Filed Statement of Claim
Application / notice of application · 31 March 2020
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What we verified from this filing4 verified
- secured creditorsnote: Guarantee amount not separately quantified; guarantees the Loan Agreement indebtedness. · page: 2 · debtor: Eightfold Development LLC · creditor: Romspen Mortgage Limited Partnership · currency: USD · security: Texas Guaranty dated April 27, 2018 guaranteeing payment of all amounts due and owing to RMLP under the Loan Agreement
- secured creditorsnote: Amount owing under the Loan Agreement as stated in the Demand and Notice (BIA s.244 Notice of Intention to Enforce Security) dated October 11, 2019. · page: 4 · as of: 2019-10-11 · amount: 87865453.79 · debtor: 3443 Zen Garden Limited Partnership · creditor: Romspen Mortgage Limited Partnership · currency: USD · security: Texas Security instruments (April 27, 2018) and Promissory Note under Loan Agreement dated April 27, 2018 (Loan Agreement facility/max principal USD $125,000,000.00 - not a balance)
- secured creditorsnote: Stated as 'outstanding property taxes totalling approximately CDN $800,000.00'; approximate figure, breach of Alberta Mortgages noted independently. · page: 5 · as of: as at Zen Garden's involuntary bankruptcy (March 22, 2020) · amount: 800000 · debtor: Lot 11 GP Ltd. and Eco-Industrial Business Park Inc. · creditor: Municipal taxing authority (unspecified) · currency: CAD
- secured creditorsnote: Defined in the pleading as the 'Indebtedness'; interest continuing to accrue at USD $44,384.00 per diem thereafter. White's General Security Agreement/guarantee is a personal guarantor's security (individual). GP and Eco-Industrial also independently in breach for unpaid property taxes (see separate entry). · page: 5 · as of: 2020-03-26 · amount: 96760975.69 · debtor: Lot 11 GP Ltd. (in its own capacity and as general partner for Lot 11 Limited Partnership), Eco-Industrial Business Park Inc., Absolute Energy Resources Inc., Absolute Environmental Waste Management Inc., and Daniel Alexander White · creditor: Romspen Mortgage Limited Partnership and Romspen Investment Corporation · currency: USD · security: Alberta Mortgages: Mortgage from GP dated April 17, 2018 (registered principal USD $40,000,000.00); Mortgage from Eco-Industrial dated April 17, 2018 (registered principal USD $40,000,000.00); Assignments of Leases and Rents from GP and Eco-Industrial; General Security Agreements from GP, LP, Eco-Industrial, Absolute Energy, Absolute Environmental, and White; Alberta Guarantees (dated April 17, 2018) from GP, LP, Eco-Industrial, Absolute Energy, Absolute Environmental and White guaranteeing repayment of amounts advanced to Zen Garden under the Loan Agreement