Why Abi filed this document, there are 18 days?
SEC Filings
You will find below the complete list of Securities and Exchange Commission (SEC) filings in keeping with applicable government requirements for AbitibiBowater Inc.
To review Company filings in Canada, please access our documents via SEDAR.
Table of Contents
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ABCI is not permitted by law to redeem any exchangeable shares in connection with a retraction request, is insolvent or would be insolvent after the redemption.
Whenever an ABCI insolvency event occurs and while it continues, you will be entitled, subject to the provisions of the trust agreement, to instruct the voting and exchange trustee to exercise the exchange right as to any or all of your exchangeable shares. By giving this instruction, you will require us to purchase your exchangeable shares. As soon as practicable following an ABCI insolvency event or any event that may, with the passage of time or the giving of notice, become an ABCI insolvency event, we and ABCI will give written notice of the event to the voting and exchange trustee. As soon as practicable after receiving the notice, the voting and exchange trustee will notify you of the event or potential event and will advise you of your rights as to the exchange right.
Liquidation of AbitibiBowater
If an AbitibiBowater liquidation event occurs, we will be required to exchange each outstanding exchangeable share (other than exchangeable shares held by us or our affiliates) on the fifth business day before the effective date of an AbitibiBowater liquidation event for one share of our common stock.
An AbitibiBowater liquidation event will occur if:
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our board of directors decides to institute voluntary liquidation, dissolution or winding-up proceedings for AbitibiBowater; or
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our board of directors decides to effect any other distribution of our assets among our shareholders for the purpose of winding up our affairs; or
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we receive notice of, or we otherwise become aware of, any threatened or instituted action to liquidate, dissolve or wind up AbitibiBowater’s business or to make any other distribution of our assets among our shareholders for the purpose of winding-up our affairs and we fail to contest in good faith the action within 30 days of becoming aware of it.
Following the fifth business day before an AbitibiBowater liquidation event, at your request and after you surrender your exchangeable share certificates, properly endorsed in blank and accompanied by any required instrument of transfer, we will deliver to you one share of AbitibiBowater common stock for each exchangeable share you hold.
Support Agreement
On the effective date of the combination, AbitibiBowater, Bowater Canadian Holdings, ABCI and Bowater will enter into an amended and restated support agreement (“the support agreement”) that will provide, among other things, that we will do everything needed for ABCI to exchange exchangeable shares for shares of AbitibiBowater common stock according to all laws that may apply. The form of support agreement is included as an exhibit to the registration statement of which this prospectus is a part, and we refer you to that exhibit for the full terms of the support agreement.
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AbitibiBowater - SEC Filings
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