It says the encumbrances. Also known as liens . And those encumbrances attached to the proceeds of the sale immediately prior to the closing .
Pwc had no liens on the property. But those other charges had priority on the assets from the sale of the property. The statement of the liens going with the plant is a complete fantasy.
VESTING OF THE PURCHASED ASSETS
[15] ORDERS and DECLARES that upon the issuance of the Monitor's certificate substantially in the form appended as Schedule "A" hereto (the “Monitor's Certificate"). all rights, title and interest in and to the Purchased Assets shall vest absolutely and exclusively in and with the Purchaser, free and clear of and from any and all rights, titles, benefits, priorities, claims (direct, indirect, absolute or contingent). liabilities, obligations, interests. prior claims, security interests (whether contractual, statutory or otherwise), liens, charges, hypothecs, mortgages, pledges, trusts. deemed trusts (whether contractual. statutory. or othewvise), assignments. judgments. executions, writs of seizure or execution, notices of sale, options, agreements rights of distress, legal, equitable or contractual setoff, adverse claims, levies, taxes, disputes. options to purchase. rights of first refusal or other pre-emptive rights in favour of third parties. restrictions on transfer of title, or other claims or encumbrances, whether or not they have attached or been perfected. registered, published or filed and whether secured, unsecured or otherwise (collectively. the "Encumbrances") includrng. without limiting the generality of the foregoing, (i) the Encumbrances listed in paragraph 18 below, (ii) the Encumbrances listed in Schedule "B" (the "Ontario Encumbrances to be Expunged”), (iii) any and all other hypothecs. security interests or charges evidenced by registration, publication or filing pursuant to the Civil Code of Québec, the Personal Property Security Act (Ontario) (the “OPPSA") or any other applicable legislation providing for a security interest in personal or movable property, and (iv) the Administration Charge, the lnterim Lender Charge, the Post-Flling lntercompany Advance Charges, the D&O Charge and any and all other charges created .
