Toronto-based specialty aviation services provider Discovery Air Inc has been granted protection under the Companies’ Creditors Arrangement Act (CCAA) and will undertake a court-supervised the sale of its equity interest in affiliate companies and a former defence business. KSV Kofman Inc was appointed as the CCAA monitor. Canadian private equity firm Clairvest Group, which took Discovery Air private in 2017, has submitted bids to buy the company’s affiliate interests as a stalking horse purchaser. Clairvest has also agreed to provide funding to Discovery Air as the company begins its restructuring process.
Discovery Air Inc. Announces Commencement of Restructuring Proceedings Under the Companies’ Creditors Arrangement Act and Pending Sale Process to Preserve Business; Affiliates of Clairvest Submit Bids to Purchase Assets
TORONTO, March 21, 2018 /CNW/ – Discovery Air Inc. (“Discovery Air” or the “Corporation”) announced today that it was granted protection under the Companies’ Creditors Arrangement Act (“CCAA”) pursuant to an order (the “Initial Order”) of the Ontario Superior Court of Justice (“Court”). Pursuant to the Initial Order, KSV Kofman Inc. (“KSV”) was appointed as the CCAA monitor (“Monitor”). The principal purpose of the CCAA proceedings is to allow the Corporation to conduct a Court-supervised sale process (“Sale Process”) for its equity interest in its wholly-owned subsidiaries, Great Slave Helicopters Ltd. (“GSH”), Air Tindi Ltd. (“ATL”) and Discovery Mining Services Ltd. (“DMS”) (together, the “Subsidiaries”) and its residual interest in its former defence business. The Monitor will be leading the Sale Process, which is intended to enable the businesses to operate on a going-concern basis in the long term.
None of the Subsidiaries have filed for CCAA protection. GSH, ATL and DMS each have the benefit of a stay of proceedings to prevent creditor actions against them as a result of the Corporation’s filing for CCAA protection. All of the Subsidiaries will continue to operate during the CCAA proceedings, and obligations to employees and suppliers of goods and services will continue to be met in the ordinary course.
The CCAA proceedings will allow the Corporation and its subsidiaries to operate in a stabilized environment throughout the duration of the restructuring process. Subject to Court approval, the Sale Process will commence shortly. Clairvest Group Inc. and its affiliates (“Clairvest”) have submitted bids to purchase the Corporation’s above-described equity interests as stalking horse purchasers (the “Transactions”). Unless superior transactions to any of the four Transactions are consummated during the CCAA proceedings, the Transactions will be completed, subject to Court approval.
Clairvest has also agreed to provide funding to the Corporation during these proceedings pursuant to a Court-approved debtor-in-possession financing facility.
A copy of the Initial Order and other Court materials and information related to the Corporation’s CCAA proceedings is available on the Monitor’s website at www.ksvadvisory.com/insolvency-cases/discovery-air.
About Discovery Air
Discovery Air, through its subsidiaries, is a specialty aviation business with operations in the medevac equipped aircraft services, air charter services, helicopter operations and transport and logistics support sectors. Discovery Air’s unsecured convertible debentures trade on the Toronto Stock Exchange (symbol DA.DB.A).
For further information: For further information, contact Paul Bernards at 416-246-2684.