b'28American Journal ofTransportation ajot.comIN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF DELAWAREIn re Chapter 15Pride Group Holdings Inc., et al.1 Case No. 24-10632 (CTG)Debtors in Foreign Proceedings. Jointly AdministeredNOTICE OF FILING AND HEARING ON PETITIONS SEEKING RECOGNITION OF FOREIGN PROCEEDINGAND RELATED RELIEF PURSUANT TO CHAPTER 15 OF THE UNITED STATES BANKRUPTCY CODEPLEASE TAKE NOTICE OF THE FOLLOWING: On March 27, 2024, Randall Benson, solely in his capacity as the duly authorized foreign representative (the Foreign Representative) of the above-captioned debtors (collectively, the Debtors) in the Canadian proceedings (the CCAA Proceedings) commenced under the Companies Creditors Arrangement Act, R.S.C. 1985 c. C-36, pending before the Ontario Superior Court of Justice (Commercial List) in Ontario, Canada, Court File No. CV-24-00717340-00CL (the Canadian Court), and that on April 1, 2024 filed the Verified Petition for (I) Recognition of Foreign Main Proceedings, (II) Recognition of Foreign Representative, and (III) Related Relief Under Chapter 15 of the Bankruptcy Code (the Verified Petition)2 and the Chapter 15 Petition for Recognition of a Foreign Proceeding for each of the Debtors (together with the Verified Petition, the Petitions) pursuant to chapter 15 of title 11 of the United States Code (the Bankruptcy Code) with the United States Bankruptcy Court for the District of Delaware (the Court).On April 3, 2024, the Court entered an order granting provisional and related relief [Dkt. 49] pursuant to sections 105(a) and 1519 of the Bankruptcy Code (the Provisional Relief Order) with respect to the Debtors and certain non-Debtor affiliates, their assets, and their contracts in the United States. The Provisional Relief Order, among other things, enjoins actions in the United States in contravention of the orders of the Canadian Court in the CCAA Proceedings from the entry of such Provisional Relief Order through and including the date of the Recognition Hearing (as defined below).The Foreign Representative seeks the entry of an order (a) finding that (i) each of the Debtors is eligible to be a debtor under chapter 15 of the Bankruptcy Code, (ii) each of the CCAA Proceedings is a foreign main proceeding within the meaning of section 1502 of the Bankruptcy Code (iii) the Foreign Representative satisfies the requirements of a foreign representative under section 101(24) of the Bankruptcy Code, and (iv) each of the Petitions was properly filed and meets the requirements of section 1515 of the Bankruptcy Code; (b) granting recognition of each of the CCAA Proceedings as a foreign main proceeding under sections 1517 and 1520 of the Bankruptcy Code; (c) granting all relief afforded to foreign main proceedings under section 1520 of the Bankruptcy Code; (d) recognizing, granting comity to, and giving full force and effect within the territorial jurisdiction of the United States to the CCAA Proceedings, the Initial Order and other orders of the Canadian Court; (e) granting additional relief under sections 1521 and 1507 of the Bankruptcy Code, including for purposes of applying section 365 of the Bankruptcy Code in the Chapter 15 Cases; and (f) granting related relief.The Court has scheduled a hearing (the Recognition Hearing) to consider the relief requested in the Petitions for 9:00 a.m. (Eastern Time) on May 2, 2024, before the Honorable Craig T. Goldblatt at the United States Bankruptcy Court for the District of Delaware, 824 Market Street, 3rd Floor, Courtroom 7, Wilmington, Delaware, 19801.Copies of the Petitions and all documents filed in the Chapter 15 Cases are available to parties in interest on the Courts Electronic Case Filing System, which can be accessed from (i) the Courts website at http://www.deb.uscourts.gov (a PACER login and password are required to retrieve a document), (ii) the website maintained by the Foreign Representatives noticing agent, Epiq Corporate Restructuring, LLC, athttps://dm.epiq11.com/pridegroup or (iii) upon written request to the Foreign Representatives counsel (including by facsimile or e-mail) addressed to: LINKLATERS LLP, Penelope J. Jensen, Christopher J. Hunker, Clark L. Xue, 1290 Avenue of the Americas, New York, NY 10104, Telephone: (212) 903-9000, Facsimile: (212) 903-9100,
[email protected],
[email protected],
[email protected] -and- MORRIS, NICHOLS, ARSHT & TUNNELL LLP, Derek C. Abbott (No. 3376), Andrew R. Remming (No. 5120), Austin T. Park (No. 7247), 1201 North Market Street, P.O. Box 1347, Wilmington, DE 19899-1347, Telephone: (302) 658-9200, Facsimile: (302) 658-3989,
[email protected],
[email protected],
[email protected] party in interest wishing to submit a response, answer, or objection to the Petitions must do so pursuant to the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware, and such response, answer, or objection must (i) be in writing, (ii) set forth in detail the factual and legal bases therefor, (iii) be filed with the United States Bankruptcy Court for the District of Delaware, Office of the Clerk of the Court, 824 Market Street, Wilmington, Delaware 19801, and (iv) served upon counsel for the Foreign Representative, Linklaters LLP, 1290 Avenue of the Americas, New York, New York 10104 (Attention: Penelope J. Jensen, Esq. and Christopher J. Hunker, Esq.) and Morris, Nichols, Arsht & Tunnell LLP, 1201 N. Market St., 16th Floor, P.O. Box 1347, Wilmington, Delaware 19801 (Attention: Derek C. Abbott, Esq. and Andrew R. Remming, Esq.), so as to be actually received on or before April 25, 2024 at 4:00 p.m. (Eastern Time).All parties in interest opposed to the Petitions must appear at the Recognition Hearing at the time and place set forth above.At the Recognition Hearing, the Court may order the scheduling of a case management conference to consider the efficient administration of the cases.If no response or objection is timely filed and served as provided above, the Court may grant the relief requested in the Petitions without further notice or hearing.The Foreign Representative does not currently intend to conduct a claims process in the Chapter 15 Cases. To the extent there is a claims process established in the CCAA Proceedings, parties are directed to the CCAA Proceedings pending before the Canadian Court.The Recognition Hearing may be adjourned from time to time without further notice other than an announcement in open court, or a notice of adjournment filed with the Court, of the adjourned date or dates at the hearing or any other further adjourned hearing.(LINKScontinued from page 14) fic for us. When you consider it on a one1 The last four digits of Debtor Pride Group Holdings Inc.s Canadian business number are 6399. Due to the large number of debtors in these chapter 15 cases, a complete list of the debtor entities and the last four digits of their federal identification numbers is not provided herein. related to either the port of Trois Rivieresoff, one-by-one customer, theyre not thatA complete list of such information may be obtained on the website of the Debtors claims and noticing agent at https://dm.epiq11.com/or Quebec City.large,butwhenyoucombineSeaviewpridegroup. The Debtors service address for the purposes of these chapter 15 cases is 1450 Meyerside, Suite 401, Mississauga, Ontario,Transportation(shortlineforQuonsetL5T 2N5, Canada.2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Verified Petition.T hec Argom ix : s ugArB Ags To Development property which includes the B lADDers ofT omAToP AsTe Port of Davisville see page 16), who deliv- parcel delivery company. But with G&Wsof stuff with that car. To which Foley Asdiverseastheportsservedbyers all the traffic for the customers in theextensive port coverage, it is a reality for theremarked,Youquicklyknowhow G&W are, so is the cargo mix.final mile, its pretty significant for us. rail company.important pizza is to the world.And the For example, in New Havens Gate- It is an unexpected commodity mix.As Dan Pavick, VP Operations fortomato paste, which moves in large blad-way Terminals the freight includes steelAnd were not talking about core port, inthe Great Lakes Division explained of anders, is more likely than not loaded on a billet, steel plate, coil and biodiesel. Interms of coming off the water, but in gen- unusual freight, Were seeing a growingG&W shortline train for the first mile thePortofProvidence,therailfreighteral on port locations, the waste businessmarket in some of our areas with food,of its long journey to Rochester.includes chemicals, cement, lumber, scraphas really picked up who would havefood materials, inbound pastes, sugars Andtomatopasteisnttheonly steel, ethanol and butane. Port of Davis- thought that construction and demolitionthey[thecustomer]makeallsortsofunusual cargo, as up in Buffalo, the G&W ville which accounts for 17% of Provi- debris would become a major commoditypastasaucesfordistributionthatshandles a large volume of sugar. Pavick dence & Worcesters carloads is lumber,coming out of there, Foley remarked. 100% California to Rochester, New Yorksays of the sweet business, We have a propane, waste, auto and plastics.G&Walsotoutsanunusualtaglinehaul. It literally is the last mile. Adding,new customer, SucroIts gigantic sacks AsFoleyelaborated,ThePortoffirst and last mile for a railroad. Some- When you see a boxcar full of tomatoof sugar that they unload with a crane. And Davisville is a significant amount of traf- thing that sounds like it should belong to apaste,yourealizeyoucanmakealotthen they refine it to [use in] all different types of consumer goods, whether its for soft drinks, food sweeteners, you name it. Its all across the board. But its literally a lake freighter full of sugar bags.And some of the G&W links are set-ting up to deliver freight in the near future. For instance, the Port of New London, Con-necticutGatewayTerminalsiscurrently being utilized for wind turbine production aspartofOrstedandConnecticutPort Authority(CPA)operations.Andwhile that has been removed from the loading of general freight, Foley expressed optimism, We do have the opportunity later down the road once theyre complete if any of those[windturbinerelated]components eventually come by rail, we would then serve that port. (NICHEcontinued from page 18)London, CT while another proposed New Bedford, MA. Speaking of New Bedford, construction of the entire Vineyard Wind 1 project runs through the New Bedford Marine Commerce Terminal, the first port facility in the nation specifically designed foroffshorewind.Atthiswriting,the project has installed nine turbines and is in the process of installing the 10th, with preparationsunderwaytotransportthe 11th turbine to the offshore project site.'