Which must necessarily mean that, in light of the settlement, any creditors of BioAmber Sarnia Inc. or BioAmber Canada Inc. do not have security over BioAmber Inc. Given that fact, this further means that BioAmber Inc. either does not have or has satisfied creditors and has no reason to continue proceedings under any chapter of bankruptcy.
This goes back to the original Chapter 11 filing which was filed in tandem with BioAmber Sarnia Inc. and BioAmber Canada Inc's BIA filings. In that Chapter 11 filing from BioAmber Inc., they checked the box that there will be funds available to distribute to unsecured creditors.
Much has been made about the notion that any such transaction for BioAmber Inc.'s shares or the company as a whole must be reported by the Foreign Representative to the Canadian Superior court and "signed off on" by the US Judge.
No.
PwC as monitor in the CCAA (a Canadian proceeding) has no responsibility to report to the Canadian court any 2nd-step transaction that will occur with the US Parentpost CCAA, notwithstanding the fact that they themselves worked with LCY Chemical Corp and Visolis to set up and facilitate that very same sale structure. Additionally, they are further bound by the well documented Confidentiality Agreements and Non-Disclosure Agreements referenced in the REQUEST FOR BINDING OFFERS (see the Monitor's Sixth Report) for BioAmber Sarnia Inc.
BioAmber Inc. continues to hold the Vinmar contract, worth billions. As stated in the most recent 10K, the contract is still on the table until the end of the year, as, quote, "Vinmar has agreed to postpone to December 31, 2019 any right it may have to terminate the offtake agreement for 1,4 BDO."
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