NOTICE TO THE CREDITORS OF WALTER ENERGY CANADA HOLDINGS, INC. AND THE PETITIONERS AND PARTNERSHIPS LISTED ON SCHEDULE “A” AND SCHEDULE “C”, RESPECTIVELY, OF THE INITIAL ORDER (collectively, the “Walter Canada Group”)
RE:
NOTICE OF THE CLAIMS PROCESS FOR THE WALTER
CANADA GROUP PURSUANT TO THE COMPANIES’ CREDITORS ARRANGEMENT ACT (“CCAA”)
This notice is being published pursuant to an order of the Supreme Court of British Columbia dated August 16, 2016 (the “Claims Process Order”) which approved a claims process for the determination of certain claims against the Walter Canada Group and/or their Directors and/ or Officers. Any capitalized terms used but not defined herein have the meanings ascribed to them in the Claims Process Order.
The claims procedure only applies to the Claims or Claimants described in the Claims Process Order. A copy of the Claims Process Order and other public information concerning the CCAA proceedings can be obtained on the website of
KPMG Inc., the Court-Appointed Monitor of the Walter Canada Group (the “Monitor”) at
http://www.kpmg.com/ca/walterenergycanada. Any person who may have a claim against any of the Walter Canada Group entities and/or any of their Directors and/or Officers should carefully review and comply with the Claims Process Order.
Any person having a Claim against any of the Walter Canada Group entities and/or any of their Directors and/or Officers arising or relating to the period prior to December 7, 2015 (the “Commencement Date”), which would have been a claim provable in bankruptcy had the Walter Canada Group become bankrupt on the Commencement Date and who does not receive an Employee Claim Amount Notice with their Claims Package, or who receives an Employee Claim Amount Notice with their Claims Packages, but disputes the amount or nature of their Employee Claim as listed in their Employee Claim Amount Notice, must send a Proof of Claim (or in the case of an Employee Claimant who disputes his/her Employee Claim Amount Notice, a Notice of Dispute of Employee Claim) to the Monitor, to be received by the Monitor by no later than 5:00 p.m. (Vancouver Time) on October 5, 2016 (the “Claims Bar Date”).
Proofs of Claim for claims arising as a result of a restructuring, disclaimer, resiliation, termination or breach by any of the Walter Canada Group entities on or after the Commencement Date of any contract, employment agreement, lease or other agreement or arrangement of any nature whatsoever, whether written or oral, must be received by the Monitor by no later than (a) the Claims Bar Date, and (b) 5:00 p.m. (Vancouver Time) on the day which is twenty (20) Business Days after the date of the notice of disclaimer or resiliation sent by the Monitor to such Claimant.
For the avoidance of doubt, any claim a Claimant may have against any of the Walter Canada Group entities must be filed in accordance with the procedures set forth in the Claims Process Order. Proofs of Claim filed solely with the United States Bankruptcy Court, Northern District of Alabama in respect of Walter Energy, Inc.’s Chapter 11 proceedings are invalid.
Claimants requiring more information or who have not received a Proof of Claim form or Claims Package should contact the Monitor by phone at
1-855-393-3547
(Toll free within North America) or at
1-416-649-7580
(Locally and Abroad) or by email at
waltercanada@kpmg.
ca or visit the Monitor’s website at http://
www.kpmg.com/ca/walterenergycanada.
UNLESS EXPRESSLY PROVIDED IN THE CLAIMS PROCESS ORDER, HOLDERS OF CLAIMS THAT DO NOT FILE PROOFS OF CLAIM WITH THE MONITOR BY THE APPLICABLE DEADLINE SPECIFIED ABOVE SHALL NOT BE ENTITLED TO ANY FURTHER NOTICE OR DISTRIBUTION UNDER A PLAN, IF ANY, OR OF ANY PROCEEDS OF SALE OF ANY OF THE WALTER CANADA GROUP’S ASSETS, OR TO PARTICIPATE AS A CLAIMANT IN THE CCAA PROCEEDINGS OF THE WALTER CANADA GROUP, AND SHALL BE PROHIBITED FROM MAKING OR ENFORCING ANY CLAIM AGAINST ANY OF THE WALTER CANADA GROUP ENTITIES AND/OR ANY OF THEIR DIRECTORS AND/OR OFFICERS. ADDITIONALLY, ANY CLAIMS SUCH CLAIMANT MAY HAVE AGAINST ANY OF THE WALTER CANADA GROUP ENTITIES AND/OR ANY OF THEIR DIRECTORS AND/OR OFFICERS SHALL BE FOREVER BARRED AND EXTINGUISHED. R0011291619
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