Claims Process

On May 28, 2020, the Court issued an order (the “Claims Procedure Order”) in the CCAA proceedings of Forever XXI ULC (“F21 Canada” or the “Company”) establishing the Claims Process for the identification and quantification of claims against F21 Canada and the current and former directors and officers of F21 Canada.   A copy of the Claims Procedure Order is below.

All capitalized terms used on this page have the meaning given to them in the Claims Procedure Order. Reference should be made to the Claims Procedure Order for the complete definition of a “Claim”, which includes “Prefiling Claim”, “D&O Claim”, and “Restructuring Period Claim”.

The Claims Procedure Order requires that all Persons who assert a Claim against the Company, and all Persons who assert a claim against the Directors and/or Officers of the Company other than any Known Claimant in respect of its Known Claim as set out in a Notice of Claim, must file a Proof of Claim (with respect to Claims against the Company) or D&O Proof of Claim (with respect to D&O Claims) with the Monitor on or before 5:00 p.m. (Toronto time) on June 30, 2020 (the “Claims Bar Date”).

Pursuant to the Claims Procedure Order, a Notice of Claim and a blank Notice of Dispute of Claim form (the “Known Claims Package”) will be sent to all Known Claimants on or before June 2, 2020, which Known Claims Packages will contain a Notice of Claim that specifies each Known Claimant’s Claim for voting and distribution purposes.

The Monitor will also send, on or before June 2, 2020, a General Claims Package (that will include the form of Proof of Claim, Proof of Claim Instruction Letter, the D&O Proof of Claim and a D&O Instruction Letter) to each Person that appears on the Service List or has requested a Proof of Claim and any Person known to F21 Canada or the Monitor as potentially asserting a Claim that is not a Known Claim.

If you have received a Notice of Claim, your Claim will be deemed to be accepted at the amount specified therein for voting and distribution purposes, and you do not need to take any further steps with respect to such Claim unless you disagree with the amount specified therein. If you wish to dispute your Claim as specified in your Notice of Claim, you must file a Notice of Dispute of Claim with the Monitor on or before the Claims Bar Date.  Notices of Dispute of Claim must be actually received by the Monitor on or before the Claims Bar Date.

Only Proofs of Claim and D&O Proofs of Claim actually received by the Monitor on or before the Claims Bar Date will be considered. Claims that are not Known Claims and D&O claims which are not received by the Claims Bar Date will be barred and extinguished forever.

Claims with respect to unused F21 Canada gift cards in existence as of September 29, 2019 will be treated as Unaffected Claims and holders of such claims will not be entitled to vote at the Creditors’ Meeting.

All notices and inquiries with respect to the Claims Procedure should be directed to the Monitor at:

PricewaterhouseCoopers Inc. LIT,
Monitor of Forever XXI ULC
18 York Street, Suite 2600
Toronto, Ontario
M5J 0B2

Attention:  Tammy Muradova
Email: cmt_processing@ca.pwc.com
Fax:  +1 416 814 3219 

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