Catalyst Given Go Ahead to Proceed with Action against IMAX in Canada.Catalyst Disputes Statements in IMAX's October 11, 2007 Press Release TORONTO -- Catalyst Fund Limited Partnership II, a significant holder of 9.625% Senior Notes Due 2010 issued by IMAX IMAX Noun a film projection process that produces an image ten times larger than standard Corporation (the "Senior Notes"), has prevailed in its effort to proceed with an application that it has filed with a Canadian court seeking mainly to redress IMAX's continuing misrepresentations, inaccurate financial reporting, and its defaults under the indenture An agreement declaring the benefits and obligations of two or more parties, often applicable in the context of Bankruptcy and bond trading. The term indenture primarily describes secured contracts and has several applications in U.S. law. that governs the Senior Notes. Contrary to the inference contained in IMAX's press release dated October 11, 2007, Catalyst did not discontinue dis·con·tin·ue v. dis·con·tin·ued, dis·con·tin·u·ing, dis·con·tin·ues v.tr. 1. To stop doing or providing (something); end or abandon: the prior action that it had commenced in New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of because it was giving up its challenge to IMAX's conduct. Rather, Catalyst discontinued dis·con·tin·ue v. dis·con·tin·ued, dis·con·tin·u·ing, dis·con·tin·ues v.tr. 1. To stop doing or providing (something); end or abandon: the New York action because it is able to pursue additional remedies in Canada that are not available in New York, including the appointment of an inspector to oversee IMAX. Seeking to avoid those stronger remedies, IMAX opposed Catalyst's motion to discontinue the New York action without prejudice Without any loss or waiver of rights or privileges. When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice , arguing that the New York action lacked merit and should be dismissed with prejudice. The New York court rejected IMAX's argument, thus allowing Catalyst to discontinue that action without prejudice and to proceed with its application against IMAX in Canada. The New York court also indicated that, if Catalyst opted to proceed in New York instead of Canada, the Court could expedite ex·pe·dite tr.v. ex·pe·dit·ed, ex·pe·dit·ing, ex·pe·dites 1. To speed up the progress of; accelerate. 2. discovery with respect to Catalyst's claims and would seek to provide the same relief available in Canada, a suggestion that Catalyst is considering. In response to the New York court's ruling, IMAX is dropping its request for a stay of the Canadian application. Thus, Catalyst's application in Canada will proceed, including Catalyst's challenge to a 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 that IMAX conducted in April seeking a waiver of its defaults under the indenture that governs the Senior Notes. In its Canadian application, as well as in the New York action, Catalyst has challenged the reliability of IMAX's financial reporting. In the face of Catalyst's actions, IMAX announced on October 5, 2007, that it would again be restating its past financial reports, which it had just purported to restate re·state tr.v. re·stat·ed, re·stat·ing, re·states To state again or in a new form. See Synonyms at repeat. re·state in July. At the time of the July 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. , as well as during its September 2007 Annual Shareholders Meeting and in several other public releases, IMAX alleged that its restatement process had been completed. Those representations have now proven to be false, given that IMAX has once again confirmed that its financial reports should not be relied upon. In response to IMAX's October 5, 2007 press release, Catalyst caused two new notices of default to be issued under the indenture that governs the Senior Notes. These new notices of default, which are in addition to the notices of default previously sent to IMAX, relate to IMAX's failure to file its quarterly report for the second quarter of 2007 and its failure to file annual and quarterly reports and officers certificates dating back to 2002. These additional defaults are clearly outside the alleged waivers that IMAX claims to have obtained by virtue of the April consent solicitation that Catalyst is challenging. Although IMAX claims that it is in compliance with the indenture that governs the Senior Notes, that position is clearly inconsistent with the company's repeated and recognized failures to file valid financial reports and officers certificates, which constitute events of default under that indenture. |
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