Catalyst Commences Oppression Remedy Application Against IMAX and Seeks Appointment of Inspector.TORONTO -- Catalyst Fund Limited Partnership II ("Catalyst") announced today that on Friday, September 7, 2007, it commenced an application, under, among other things, the oppression remedy provisions of the Canada Business Corporations Act The Canada Business Corporations Act, also known as Bill C-44, is a Canadian act respecting Canadian business corporations. See also
Noun a film projection process that produces an image ten times larger than standard Corporation ("IMAX") arising out of the restatement Restatement A revision in a company's earlier financial statements. Notes: The need for restating financial figures can result from fraud, misrepresentation, or a simple clerical error. of IMAX's financial statements, certain debt defaults, complaints regarding the content and accuracy of IMAX's public statements and regulatory filings and concerns regarding the company's lack of both internal financial controls and a remediation plan. Catalyst is a noteholder and is a shareholder of IMAX. The relief sought in this court application includes an order appointing an inspector to do the following for the benefit of all security holders: (i) expediting the resolution of all outstanding inquiries from the Ontario Securities Commission The Ontario Securities Commission (OSC) is a regulatory agency which administers and enforces securities legislation in the Canadian province of Ontario. The OSC is an Ontario Crown corporation which reports to the Ontario legislature through the Minister of Finance. and United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Securities and Exchange Commission (including the public disclosure of the status of the requests from these regulators) and facilitating any further restatements of financial results arising from those inquiries; (ii) taking all necessary steps to ensure the accuracy of IMAX's financial statements as required for all the restated periods as well as going forward;(iii) reviewing the accuracy of IMAX's internal controls; (iv) overseeing the development and implementation of an appropriate remediation plan; and (v) reviewing and reporting on whether by virtue of its financial restatements, any additional indebtedness was incurred contrary to covenants (contained in the indenture which governs its outstanding notes) related to indebtedness and/or related parties transactions. In the alternative to the appointment of an inspector, Catalyst seeks an order for the benefit of all security holders that IMAX immediately produce all relevant documentation regarding the current state of the SEC and OSC O.S.C. n. short for Order to Show Cause. (See: Order to Show Cause) inquiries, the status of the restatement of IMAX's financial statements, all information regarding the nature and timing of the financial controls remediation plan, and full particulars of any transactions that put IMAX offside off·side also off·sides adv. & adj. 1. Sports Illegally ahead of the ball or puck in the attacking zone. 2. of its debt covenants or the related parties transaction provisions of the indenture. In addition, Catalyst seeks an order declaring that the consent solicitation Consent Solicitation A solicitation by one party to the stakeholders of a particular security for the consent of a material change. Notes: Should the majority of stakeholders provide valid consent prior to the consent expiry date, the issuer may then follow through with process commenced by IMAX in relation to certain debt defaults under the indenture was invalid and of no effect. An initial court date of September 13 has been set for the scheduling of the hearing of the application. |
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