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Document 2534294
NOTICE OF MEETINGS
AND INFORMATION CIRCULAR
relating to a proposed
PLAN OF COMPROMISE AND ARRANGEMENT
under the
COMPANIES' CREDITORS ARRANGEMENT ACT (CANADA)
concerning, affecting and involving
LONE PINE RESOURCES INC.
LONE PINE RESOURCES CANADA LTD.
LONE PINE RESOURCES (HOLDINGS) INC.
WISER DELAWARE LLC
WISER OIL DELAWARE, LLC
December 13, 2013
This information circular is being distributed to certain claimants of Lone Pine Resources Inc. and its subsidiaries listed
above in connection with the meetings called to consider the plan of compromise and arrangement proposed by each of
them, which are scheduled to be held at the offices of Bennett Jones LLP, 4500 Bankers Hall East, 855 - 2nd Street S.W.,
Calgary, Alberta on January 6, 2014 beginning at 10:00 a.m. (Calgary time).
These materials require your immediate attention. You should consult your legal, financial, tax or other professional advisors
in connection with the contents of these documents. Should you have any questions regarding voting or other procedures or
should you wish to obtain additional copies of these materials, you may contact PricewaterhouseCoopers Inc., which acts as
the Monitor, at PricewaterhouseCoopers Inc., 3100, 111 - 5th Avenue S.W., Calgary, Alberta, T2P 5L3 (Attention: Susan
Shabluk), facsimile: (403) 781-1825, telephone (403) 509-7366 or email: [email protected], or access the
Monitor's website at: www.pwc.com/car-lpr.
TABLE OF CONTENTS
LETTER TO AFFECTED UNSECURED CREDITORS ............................................................................................. 1
NOTICE TO AFFECTED UNSECURED CREDITORS ............................................................................................. 4
GENERAL .................................................................................................................................................................... 6
IMPORTANT INFORMATION ................................................................................................................................... 6
INFORMATION FOR UNITED STATES CREDITORS ............................................................................................ 7
CAUTIONARY NOTICE REGARDING FORWARD LOOKING INFORMATION ................................................ 8
FINANCIAL INFORMATION ................................................................................................................................... 10
GLOSSARY ................................................................................................................................................................ 11
SUMMARY INFORMATION .................................................................................................................................... 25
INFORMATION CONCERNING THE MEETINGS ................................................................................................ 34
General .................................................................................................................................................................... 34
Meeting Order ......................................................................................................................................................... 34
Time and Place of Meetings .................................................................................................................................... 35
Procedure for the Meetings ...................................................................................................................................... 35
Classification of Affected Unsecured Claims .......................................................................................................... 35
Entitlement to Vote .................................................................................................................................................. 36
Solicitation of Proxies ............................................................................................................................................. 37
Appointment of Proxyholders and Voting ............................................................................................................... 37
Revocation of Proxies .............................................................................................................................................. 38
Advice to Beneficial Holders................................................................................................................................... 38
Plan Supplements .................................................................................................................................................... 38
Claims Procedure Order .......................................................................................................................................... 39
Entitlement to Receive Distributions ....................................................................................................................... 39
BACKGROUND TO THE RECAPITALIZATION ................................................................................................... 39
Events prior to the commencement of Creditor Protection Proceedings ................................................................. 40
Creditor Protection Proceedings .............................................................................................................................. 43
Events Subsequent to the commencement of Creditor Protection Proceedings ....................................................... 44
DETAILS OF THE RECAPITALIZATION ............................................................................................................... 46
Purpose of the Plan .................................................................................................................................................. 46
Transactions to be effected pursuant to the Plan ..................................................................................................... 46
Effect of the Plan ..................................................................................................................................................... 47
New Shares to be Distributed to Affected Unsecured Creditors.............................................................................. 47
Treatment of Certain Parties under the Plan ............................................................................................................ 54
Description of the New Investment ......................................................................................................................... 55
Plan Implementation Date Transactions .................................................................................................................. 57
Effect of the Plan ..................................................................................................................................................... 61
Releases to be Given under the Plan ........................................................................................................................ 62
Procedural and Administrative Matters Relating to the Plan and its Implementation ............................................. 62
RESTRUCTURED GROUP ....................................................................................................................................... 68
REQUIRED APPROVALS AND OTHER CONDITIONS PRECEDENT TO IMPLEMENTATION ..................... 68
Creditor Approval .................................................................................................................................................... 68
Court Approvals ...................................................................................................................................................... 69
Conditions Precedent to Implementation of the Plan............................................................................................... 71
PROCEEDINGS UNDER U.S. BANKRUPTCY CODE ........................................................................................... 74
SUPPORT AGREEMENT .......................................................................................................................................... 74
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Acknowledgments, Agreements and Covenants of the Consenting Noteholders .................................................... 74
Acknowledgments, Agreements and Covenants of the Lone Pine Group ............................................................... 76
Consenting Noteholder Termination Events............................................................................................................ 78
BACKSTOP AGREEMENT ....................................................................................................................................... 79
Conditions Precedent ............................................................................................................................................... 79
Backstopper Termination Events ............................................................................................................................. 80
New Backstoppers ................................................................................................................................................... 81
SECURITIES REGULATORY CONSIDERATIONS ............................................................................................... 81
Termination of reporting status under applicable securities laws ............................................................................ 81
Issuance and resale of securities distributed under the Recapitalization ................................................................. 82
MONITOR'S REPORT ............................................................................................................................................... 85
RECOMMENDATION OF THE BOARD OF DIRECTORS .................................................................................... 85
INCOME TAX CONSIDERATIONS ......................................................................................................................... 87
Certain Canadian Federal Income Tax Considerations............................................................................................ 87
Certain U.S. Federal Income Tax Considerations ................................................................................................... 96
INFORMATION RELATING TO THE LONE PINE GROUP................................................................................ 105
Group Companies .................................................................................................................................................. 105
Business of LPR Canada ....................................................................................................................................... 105
Documents Incorporated by Reference.................................................................................................................. 105
RISK FACTORS ....................................................................................................................................................... 106
Risks Relating to Non-Implementation of the Plan ............................................................................................... 107
Risks Relating to the Plan and its Implementation ................................................................................................ 108
Risks Relating to an Investment in New Shares .................................................................................................... 110
Risks Relating to the Business of the Lone Pine Group ........................................................................................ 112
OTHER MATTERS .................................................................................................................................................. 112
INTEREST OF CERTAIN PERSONS OR COMPANIES IN MATTERS TO BE ACTED UPON ........................ 113
ADDITIONAL INFORMATION ............................................................................................................................. 113
SCHEDULES
SCHEDULE A
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
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APPROVAL RESOLUTION
MEETING ORDER
CLAIMS PROCEDURE ORDER
PLAN
MONITOR'S REPORT
December 13, 2013
To:
Affected unsecured creditors ("Affected Unsecured Creditors") of Lone Pine Resources Inc. ("LPRI"),
Lone Pine Resources Canada Ltd. ("LPR Canada"), Lone Pine Resources (Holdings) Inc. ("LPR
Holdings"), Wiser Oil Delaware, LLC ("Wiser Oil") and Wiser Delaware LLC ("Wiser Delaware")
(collectively, the "Lone Pine Group")
On September 25, 2013, the Lone Pine Group commenced proceedings under the Companies' Creditors
Arrangement Act (the "CCAA") in the Court of Queen's Bench of Alberta (the "Court") and ancillary proceedings
under Chapter 15 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of
Delaware. LPRI, LPR Canada and all other direct or indirect subsidiaries of LPRI are parties to the CCAA and
Chapter 15 proceedings (collectively, the "Creditor Protection Proceedings").
The Creditor Protection Proceedings were filed in order to implement a comprehensive restructuring in accordance
with support agreements (the "Support Agreement"), dated September 24, 2013, between the Lone Pine Group and
certain holders of LPR Canada's outstanding unsecured 10.375% senior notes due 2017 (the "Notes") holding, in the
aggregate, approximately 75% of the outstanding Notes (the "Consenting Noteholders"). Pursuant to the Support
Agreement, the Lone Pine Group has agreed to pursue a restructuring through a plan of compromise and
arrangement under the CCAA (the "Plan"), which will be subject to creditor and Court approval, and ancillary
proceedings under Chapter 15 of the United States Bankruptcy Code for recognition of the CCAA proceeding.
Subject to the terms and conditions of the Support Agreement, each of the Consenting Noteholders has agreed to
support the Plan and vote their claims under the Notes in favour of its approval at any meeting of creditors to be held
for that purpose.
The Lone Pine Group is holding meetings (the "Meetings") of Affected Unsecured Creditors to consider a
resolution (the "Approval Resolution") to approve the Plan. The Meetings will be held on January 6, 2014
beginning at 10:00 a.m. (Calgary time) as set out in the attached Notice of Meetings. In order for the Plan to be
approved pursuant to the CCAA, the Approval Resolution must be approved at each Meeting by the affirmative vote
of a majority in number of Affected Unsecured Creditors representing at least two-thirds in value of the voting
claims of all such Affected Unsecured Creditors (the "Required Majorities") who are entitled to vote at the
Meeting in accordance with the meeting order made by the Court and who are present in person or represented by
proxy at the Meeting and vote on the Approval Resolution.
The purpose of the Plan is to: (a) implement a recapitalization of the Lone Pine Group, which will significantly
reduce the indebtedness of the Lone Pine Group and provide essential financing to address current and future
liquidity needs; (b) provide for settlement of all allowed affected claims; (c) effect a release and discharge of all
affected claims and released claims; and (d) ensure the continued viability and ongoing operations of the Lone Pine
Group.
The board of directors of LPRI, after consultation with its financial and legal advisors, and having considered
the aggregate interests of all stakeholders of the Lone Pine Group, has unanimously determined that the Plan
is in the best interests of the Lone Pine Group, has approved the Plan, and recommends that Affected
Unsecured Creditors vote FOR the Approval Resolution.
The Plan generally provides, among other things, for the following:
(a)
Debt Exchange – the exchange of all Notes and other unsecured claims of Affected Unsecured
Creditors against the Lone Pine Group in consideration for new common equity in the restructured
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corporate group consisting of voting common shares of LPR Canada and concurrently issued
voting common shares of LPRI and, if applicable, any Backstopper's Pro-Rata Share of the
Backstop Amount (as defined in the accompanying information circular), except for small claims
eligible to be paid in cash as noted below;
(b)
New Investment – an offering to qualified Affected Unsecured Creditors of an amount between a
minimum of US$100,000,000 and a maximum of US$110,000,000 (the "New Investment
Amount"), in new redeemable convertible preferred shares of LPR Canada and concurrently
issued multiple voting shares of LPRI, pursuant to which such qualified Affected Unsecured
Creditors may, at their election, invest additional capital and purchase their pro rata share of the
offered shares;
(c)
Backstop Commitment – the issuance of all such new preferred shares and concurrently issued
multiple voting shares pursuant to a commitment by the Backstoppers (as defined in the
accompanying information circular) to purchase any portion of the new share offering not taken up
by other qualified Affected Unsecured Creditors, so as to ensure that the restructured company
realizes the full New Investment Amount;
(d)
Repayment of Credit Facility – the repayment in full of secured bank debt with proceeds from the
preferred share offering and borrowings under a new secured credit facility;
(e)
Cancellation of Existing Shares, Equity Interests and Equity Claims – the cancellation of all
existing shares of common stock in the capital of LPRI and other existing equity interests for no
consideration, which in the context of the Creditor Protection Proceedings is a necessary
consequence of the Lone Pine Group's inability to pay the priority claims of Affected Unsecured
Creditors in full and in compliance with the terms of the CCAA; and
(f)
Cash Pool Creditors – the payment in cash of Affected Unsecured Claims that are, or that the
holder thereof elects to reduce to, $10,000 or less, subject to an aggregate maximum limit of
$700,000 for all such claims and prorating in the event that eligible demand on the available cash
pool exceeds this maximum.
See "Details of the Recapitalization" in the accompanying information circular.
The $700,000 cash pool has been established to provide Affected Unsecured Creditors (including holders of the
Notes) with aggregate claims of $10,000 or less (including Affected Unsecured Creditors with larger claims who
elect, by delivering an election form to the Monitor before January 3, 2013, to reduce their claims to $10,000) with
the ability to participate in distributions from the cash pool rather than receive shares in the restructured corporate
group. Based only on claims filed pursuant to the claims procedure order of the Court dated October 9, 2013, the
amount of the cash pool is expected to be sufficient to provide for a full recovery to all Affected Unsecured
Creditors with aggregate claims of $10,000 or less. However, as certain Affected Unsecured Creditors that may
choose to participate in the cash pool were not required to file individual claims pursuant to the claims procedure
order (such as holders of the Notes) and as Affected Unsecured Creditors may elect to reduce their claims to
$10,000 in order to participate in the cash pool, the actual recovery of any individual Affected Unsecured Creditor
that participates, whether automatically by reason of having an aggregate claim of $10,000 or less or by election to
reduce its aggregate claim to $10,000, cannot be determined until after the Cash Election Deadline (as defined in the
accompanying information circular). If eligible demand on the cash pool exceeds the $700,000 maximum, then
participating Affected Unsecured Creditors will receive their pro rata share of the cash pool amount based on their
claim amount and the aggregate claim amount of all other Affected Unsecured Creditors that elected to participate in
the cash pool (as such claim amounts may have been reduced by election).
The Plan is subject to the requisite approval of the Court and approval by the Required Majorities of each class of
Affected Unsecured Creditors.
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Affected Unsecured Creditors are being asked to consider and, if deemed appropriate, approve the Plan so
that the Lone Pine Group can emerge as soon as practicable from Creditor Protection Proceedings, allowing
it to focus on executing its business strategy. If the Plan is not implemented, possible alternatives would
include a forced sale or liquidation of the Lone Pine Group through receivership, exercise of creditors' rights
or bankruptcy.
After careful consideration of all relevant factors relating to the Plan, the board of directors of LPRI
UNANIMOUSLY RECOMMENDS that Affected Unsecured Creditors vote FOR the Approval Resolution.
The Monitor has concluded that, in its view, the Plan is fair and reasonable, including the fact that the Plan
provides for no recovery for existing shareholders of LPRI. A copy of the Monitor's report concerning the
Plan is attached to the accompanying information circular.
The accompanying information circular contains a detailed description of the Plan to be considered at the
Meetings. It also includes disclosure on certain risk factors relating to the Plan, as well as certain risks
relating to the implementation of, or the potential failure to implement, the Plan. Please give this material
your careful consideration and, if you require assistance, consult your financial, tax or other professional
advisors.
Any proxy must be provided to the Monitor in the manner indicated in the instructions accompanying the proxy on
or before 3:00 p.m. (Calgary time) on the business day before the Meetings or any adjournment or postponement
thereof.
We urge you to give serious attention to the Plan and we recommend that you vote in favour of it in person (if
applicable) or by proxy at the Meetings. Please complete and return the applicable proxy enclosed with the
information circular following the instructions set out in such proxy to ensure that you are represented at the
Meetings.
Yours very truly,
(signed) "Tim Granger"
Tim Granger
President and Chief Executive Officer
Lone Pine Resources Inc.
Lone Pine Resources Canada Ltd.
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NOTICE TO AFFECTED UNSECURED CREDITORS
IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS
AMENDED
IN THE MATTER OF THE BUSINESS CORPORATIONS ACT,
R.S.A. 2000, c. B-9, AS AMENDED
AND IN THE MATTER OF LONE PINE RESOURCES CANADA LTD., LONE PINE RESOURCES
(HOLDINGS) INC., LONE PINE RESOURCES INC., WISER OIL DELAWARE, LLC AND WISER
DELAWARE LLC
NOTICE IS HEREBY GIVEN that meetings (the "Meetings") of creditors of Lone Pine Resources Canada Ltd.
("LPR Canada"), Lone Pine Resources (Holdings) Inc. ("LPR Holdings"), Lone Pine Resources Inc. ("LPRI"),
Wiser Oil Delaware, LLC ("Wiser Oil") and Wiser Delaware LLC ("Wiser Delaware", and collectively with LPR
Canada, LPR Holdings, LPRI, and Wiser Oil, the "Applicants"), entitled to vote on a plan of compromise and
arrangement (the "Plan") proposed by each of the Applicants under the Companies Creditors' Arrangement Act (the
"CCAA") will be held for the following purposes:
(1)
to consider and, if deemed advisable, to pass, with or without variation, a resolution to approve the Plan;
and
(2)
to transact such other business as may properly come before the Meetings or any adjournment thereof.
The Meetings are being held pursuant to an order of the Court of Queen's Bench of Alberta (the "Court") dated
December 13, 2013 (the "Meeting Order").
NOTICE IS ALSO HEREBY GIVEN that the Meeting Order established the procedures for the Applicants to call,
hold and conduct the Meetings to consider and pass resolutions, if thought advisable, approving the Plan and to
transact such other business as may be properly brought before the Meetings. For the purposes of considering and
voting on the Plan, there will be five (5) meetings as follows:
(1)
a meeting of all of the Affected Unsecured Creditors of LPR Canada, where all such Affected Unsecured
Creditors shall constitute a single class ("LPR Canada Meeting");
(2)
a meeting of all of the Affected Unsecured Creditors of LPR Holdings, where all such Affected Unsecured
Creditors shall constitute a single class ("LPR Holdings Meeting");
(3)
a meeting of all of the Affected Unsecured Creditors of LPRI, where all such Affected Unsecured Creditors
shall constitute a single class ("LPRI Meeting");
(4)
a meeting of all of the Affected Unsecured Creditors of Wiser Oil, where all such Affected Unsecured
Creditors shall constitute a single class ("Wiser Oil Meeting"); and
(5)
a meeting of all of the Affected Unsecured Creditors of Wiser Delaware, where all such Affected
Unsecured Creditors shall constitute a single class ("Wiser Delaware Meeting").
NOTICE IS ALSO HEREBY GIVEN that the Meetings will be held at the following dates, times and location:
Date:
January 6, 2014
Time:
10:00 a.m. (Calgary time) – LPR Canada Meeting
10:30 a.m. (Calgary time) – LPR Holdings Meeting
11:00 a.m. (Calgary time) – LPRI Meeting
11:30 a.m. (Calgary time) – Wiser Oil Meeting
12:00 p.m. (Calgary time) – Wiser Delaware Meeting
-5-
Location:
Bennett Jones LLP
4500 Bankers Hall East
855 - 2nd Street S.W.
Calgary, Alberta
Subject to paragraph 45 of the Meeting Order, only Affected Unsecured Creditors with Voting Claims against the
applicable Applicant as at the Voting Record Date will be eligible to attend the applicable Meeting and vote on a
resolution to approve the Plan. Holders of Notes cannot vote in person and must instead provide a proxy to the
Monitor in accordance with the Meeting Order. The votes of Affected Unsecured Creditors holding Unresolved
Claims will be separately tabulated and Unresolved Claims will not be counted unless, until and only to the extent
that such Unresolved Claim is finally determined to be a Voting Claim. A holder of an Unaffected Claim shall not
be entitled to attend or vote at the Meetings in respect of such Unaffected Claim. A holder of an Equity Claim shall
not be entitled to attend or vote at the Meetings in respect of such Equity Claim.
Notwithstanding anything else contained herein, in accordance with the Meeting Order, each Cash Pool Creditor
shall be deemed to vote in favour of the Plan to the full extent of its Allowed Affected Unsecured Claim and shall
not be entitled to attend or vote at the Meetings, whether in person or by proxy, unless such Cash Pool Creditor
delivers an Affected Unsecured Creditors' Proxy to the Monitor so that it is received on or before 3:00 p.m. on the
last Business Day before the date of the Meetings (or any adjournment thereof) in accordance with the instructions
accompanying such Affected Unsecured Creditors' Proxy.
Any Affected Unsecured Creditor who is unable to attend the applicable Meeting may vote by proxy, subject to the
terms of the Meeting Order. Further, any Affected Unsecured Creditor who is not an individual may only attend and
vote at the applicable Meeting if a proxy holder has been appointed to act on its behalf at such Meeting. Noteholders
must vote by providing instructions to the Monitor in accordance with the terms of the Meeting Order.
NOTICE IS ALSO HEREBY GIVEN that if the Plan is approved at the Meetings in accordance with the Meeting
Order and the Plan and all other necessary conditions are met, the Applicants intend to make an application to the
Court on January 9, 2014 seeking an order sanctioning the Plan pursuant to the CCAA (the "Sanction Order"). Any
person wishing to oppose the application for the Sanction Order must serve a copy of the materials to be used to
oppose the application and setting out the basis for such opposition upon the lawyers for the Applicants, the Monitor
as well as those parties listed on the Service List posted on the Monitor's website. Such materials must be served by
4:00 p.m. (Calgary time) on January 2, 2014.
NOTICE IS ALSO HEREBY GIVEN that in order for the Plan to become effective:
i.
the Plan must be approved by the required majorities of Affected Unsecured Creditors entitled to vote and
voting on the Plan as required under the CCAA and in accordance with the terms of the Meeting Order and
the Plan;
ii.
the Plan must be sanctioned by the Court; and
iii.
the conditions to implementation and effectiveness of the Plan as set out in the Plan and summarized in the
Information Circular must be satisfied or waived.
Additional copies of the Affected Unsecured Creditor Meeting Materials and the Noteholder Meeting Materials (as
those terms are defined in the Meeting Order), including the Information Circular and the Plan, may be obtained
from the Monitor's Website at www.pwc.com/car-lpr, or by contacting the Monitor by telephone at (403) 509-7366
or by email at [email protected].
All capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Meeting
Order.
DATED at Calgary, Alberta, this 13th day of December, 2013.
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GENERAL
This Circular is furnished in connection with the Meetings and any adjournment(s) or postponement(s) thereof. No
Person has been authorized to give any information or make any representation in connection with the Plan or other
matters to be considered at the Meetings other than those contained in this Circular and if given or made, any such
information or representation must not be relied upon as having been authorized.
This Circular does not constitute an offer to sell or a solicitation of an offer to purchase any securities or the
solicitation of a proxy by any Person in any jurisdiction in which such an offer or solicitation is not authorized or in
which the Person making such offer or solicitation is not qualified to do so or to any Person to whom it is unlawful
to make such an offer or solicitation of an offer or a proxy solicitation. The solicitation for proxies for the
implementation of the Plan is being made on the basis of this Circular and is subject to the terms and conditions
described herein.
Each Affected Unsecured Creditor must comply with all applicable laws and regulations in force in any jurisdiction
in which it participates in the solicitation for proxies for the Approval Resolution approving the Plan, or in which it
possesses or distributes this Circular, and must obtain any consent, approval or permission required by it for
participation in the solicitation for proxies for the Approval Resolution approving the Plan under the laws and
regulations in force in any jurisdiction to which it is subject, and none of the Lone Pine Group or the Monitor nor
any of their respective representatives shall have any responsibility therefor.
The information contained in this Circular is given as of December 10, 2013, unless otherwise specifically stated,
and is subject to change or amendment without notice. Neither the delivery of this Circular nor any distribution of
the securities referred to in this Circular will, under any circumstances, create an implication that there has been no
change in the information set forth herein since the date as of which such information is given in this Circular. Any
statement contained in this Circular, a document incorporated by reference or referred to in this Circular, or any
amendment hereof or supplement hereto, is to be considered modified or replaced to the extent that a statement
contained herein or in any amendment or supplement or any subsequently filed document modifies or replaces such
statement. Any statement so modified or replaced is not to be considered, except as so modified or replaced, to be a
part of this Circular.
The primary purpose of the Meetings is for Affected Unsecured Creditors to consider and, if determined advisable,
pass the Approval Resolution.
All summaries of and references to the Meeting Order, the Plan, the Support Agreement and the Backstop
Agreement in this Circular are qualified in their entirety by reference to the complete text of the Meeting Order, the
Plan, the Support Agreement and the Backstop Agreement. A copy of the Plan is attached as Schedule D to this
Circular. A copy of the Meeting Order is attached as Schedule B to this Circular. Copies of the Support Agreement
and the Backstop Agreement, together with copies of all court documents filed by the Lone Pine Group and the
Monitor, including all reports of the Monitor, are posted on the website of the Monitor at www.pwc.com/car-lpr.
Copies of the Support Agreement and Backstop Agreement are also attached as exhibits to the Form 8-K of LPRI
dated September 25, 2013 which has been filed by LPRI on EDGAR and SEDAR. You are urged to carefully
read the full text of the Meeting Order, the Plan, the Support Agreement and the Backstop Agreement,
together with the reports of the Monitor and other court documents filed by the Lone Pine Group and the
Monitor in connection with the CCAA Proceeding. A copy of the Monitor's Report concerning the Plan is
attached as Schedule E to this Circular.
All capitalized terms used in this Circular but not otherwise defined herein have the meanings set forth herein under
"Glossary".
IMPORTANT INFORMATION
THIS CIRCULAR CONTAINS IMPORTANT INFORMATION THAT SHOULD BE READ BY AFFECTED
UNSECURED CREDITORS BEFORE ANY DECISION IS MADE WITH RESPECT TO THE MATTERS
REFERRED TO HEREIN.
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NO PERSON HAS BEEN AUTHORIZED TO GIVE ANY INFORMATION OR TO MAKE ANY
REPRESENTATION IN CONNECTION WITH THE MATTERS TO BE CONSIDERED AT THE MEETINGS
OTHER THAN THOSE CONTAINED IN THIS CIRCULAR AND IF GIVEN OR MADE, ANY SUCH
INFORMATION OR REPRESENTATION SHOULD BE CONSIDERED AS NOT HAVING BEEN
AUTHORIZED AND MUST NOT BE RELIED UPON. THIS CIRCULAR DOES NOT CONSTITUTE AN
OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO PURCHASE, THE SECURITIES DESCRIBED IN
THIS CIRCULAR, OR THE SOLICITATION OF A PROXY, IN ANY JURISDICTION, TO OR FROM ANY
PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH OFFER, SOLICITATION OF AN OFFER OR
PROXY SOLICITATION IN SUCH JURISDICTION. NEITHER THE DELIVERY OF THIS CIRCULAR NOR
ANY DISTRIBUTION OF THE SECURITIES PURSUANT TO THE PLAN REFERRED TO IN THIS
CIRCULAR SHALL, UNDER ANY CIRCUMSTANCES, CREATE ANY IMPLICATION THAT THERE HAS
BEEN NO CHANGE IN THE INFORMATION SET FORTH HEREIN SINCE THE DATE OF THIS CIRCULAR.
Affected Unsecured Creditors should not construe the contents of this Circular as investment, legal or tax advice.
An Affected Unsecured Creditor should consult its own legal, financial, tax or other professional advisors with
respect to the legal, tax, business, financial and related consequences of the Plan for such Affected Unsecured
Creditor. In making a decision regarding the Plan, Affected Unsecured Creditors must rely on their own
examination of the Lone Pine Group and the advice of their own advisors. Affected Unsecured Creditors should
seek advice from their own advisors concerning the income tax consequences of the Plan.
All summaries of and references to certain documents in this Circular, including the summary of the Plan in
this Circular, are qualified in their entirety by reference to the complete text of each of those documents.
Copies of documents referred to herein are either attached as Schedules hereto, are available on the Monitor's
Website or will be made available to Affected Unsecured Creditors upon request to the Monitor. Affected
Unsecured Creditors are urged to carefully read the full text of the Plan attached hereto as Schedule D. Copies of all
Court documents filed by the Lone Pine Group and the Monitor, including all reports of the Monitor, are posted on
the Website. A copy of the Monitor's Report concerning the Plan is attached hereto as Schedule E.
Affected Unsecured Creditors are urged to carefully read the "Risk Factors" section of this Circular before making
any decision regarding the Plan.
THE ISSUANCE OF THE NEW SHARES PURSUANT TO THE PLAN WILL BE EXEMPT FROM THE
PROSPECTUS REQUIREMENTS UNDER APPLICABLE CANADIAN SECURITIES LEGISLATION. AS A
CONSEQUENCE OF THESE EXEMPTIONS, CERTAIN PROTECTIONS, RIGHTS AND REMEDIES
PROVIDED BY CANADIAN SECURITIES LEGISLATION, INCLUDING STATUTORY RIGHTS OF
RESCISSION OR DAMAGES, WILL NOT BE AVAILABLE IN RESPECT OF THE NEW SHARES TO BE
ISSUED IN CONNECTION WITH THE PLAN. THE NEW SECURITIES TO BE ISSUED IN CONNECTION
WITH THE PLAN WILL BE SUBJECT TO RESTRICTIONS ON TRANSFER. SEE "SECURITIES
REGULATORY CONSIDERATIONS".
All references to this Circular shall be deemed to include the Schedules attached hereto.
INFORMATION FOR UNITED STATES CREDITORS
The proxy solicitation rules under the U.S. Exchange Act are not applicable to this solicitation, and, accordingly,
this solicitation is not being effected in accordance with such rules. Affected Unsecured Creditors in the United
States should be aware that disclosure requirements in proxy statements under Canadian securities laws are different
from requirements under United States federal securities laws.
NEITHER THE PLAN NOR THE NEW SECURITIES ISSUABLE IN CONNECTION WITH THE PLAN
HAVE BEEN APPROVED OR DISAPPROVED BY THE SEC, ANY U.S. SECURITIES REGULATORY
AUTHORITY OR ANY U.S. BANKRUPTCY COURT, NOR HAS THE SEC, ANY U.S. SECURITIES
REGULATORY AUTHORITY OR ANY U.S. BANKRUPTCY COURT PASSED UPON THE FAIRNESS
OR MERITS OF THE PLAN OR UPON THE ADEQUACY, COMPLETENESS OR ACCURACY OF THE
INFORMATION CONTAINED IN THIS CIRCULAR. ANY REPRESENTATION TO THE CONTRARY
IS A CRIMINAL OFFENCE.
-8-
The securities to be offered in connection with the Recapitalization have not been registered under the U.S.
Securities Act, or any state securities laws and, unless so registered, may not be offered or sold in the United States,
except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S.
Securities Act and applicable state securities laws. This Circular shall not constitute an offer to sell or the solicitation
of an offer to buy the securities nor shall there be any sale of the securities in any state in which such offer,
solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state.
The New Shares to be issued and distributed pursuant to the Plan have not been registered under the U.S. Securities
Act or the securities laws of any state of the United States and will be issued and distributed in reliance on available
exemptions from the registration requirements of the U.S. Securities Act. In particular, it is intended that (a) the
issuance of the new LPRC Class A Voting Common Shares and new LPRI Class A Voting Common Shares in
exchange for Affected Unsecured Claims issuable pursuant to the Debt Exchange will be exempt from the
registration requirements of the U.S. Securities Act pursuant to the exemption from registration set forth in Section
3(a)(9) of the U.S. Securities Act and/or the exemption from registration set forth in Section 3(a)(10) of the U.S.
Securities Act, and (b) the issuance of the new LPRC Preferred Shares and new LPRI Multiple Voting Common
Shares issuable pursuant to the New Investment be distributed to Subscribing Unsecured Creditors in reliance on the
exemption from registration set forth in Section 4(a)(2) of the U.S. Securities Act or Regulation D promulgated
thereunder. The New Investment will be offered only to accredited investors as that term is defined in Rule 501 of
Regulation D under the U.S. Securities Act. See "Securities Regulatory Considerations".
The enforcement by Affected Unsecured Creditors of civil liabilities under the United States federal securities laws
may be affected adversely by the fact that some of the Applicants are incorporated or organized outside the United
States, that the majority of the directors and officers of the Lone Pine Group reside principally in Canada and that all
or a substantial portion of the assets of the Lone Pine Group and of their officers and directors are located outside
the United States. Affected Unsecured Creditors may not be able to sue a corporation governed by the laws of
Canada in a Canadian court for violations of United States federal securities laws and it may be difficult to compel
the foregoing persons to subject themselves to a judgment by a United States court.
CAUTIONARY NOTICE REGARDING FORWARD LOOKING INFORMATION
Certain information contained in this Circular (including the documents incorporated by reference herein)
constitutes "forward looking information" within the meaning of applicable securities laws. Forward looking
information is frequently but not always characterized by words such as "plan", "expect", "project", "intend",
"believe", "anticipate", "estimate" or other similar words, or statements that certain events or conditions "may" or
"will" occur. Forward looking information involves significant known and unknown risks and uncertainties. A
number of factors, many of which are beyond the control of the Lone Pine Group, could cause actual results to differ
materially from the results discussed in the forward looking information. Although the forward looking information
contained in this Circular is based upon assumptions which the Lone Pine Group believes to be reasonable, the Lone
Pine Group cannot assure investors that actual results will be consistent with this forward looking information. The
forward looking information contained herein is made as of the date of this Circular and the Lone Pine Group
assumes no obligation to update or revise it to reflect new events or circumstances, except as required by Law.
Because of the risks, uncertainties and assumptions inherent in forward looking information, Affected Unsecured
Creditors should not place undue reliance on this forward looking information.
The forward looking information contained in this Circular and the documents incorporated by reference herein
includes, among other things:

the Lone Pine Group's ability to implement the Plan under the CCAA;

the perceived benefits of the Plan;

the potential failure to implement the Plan on the terms described herein;

the consequences to the Lone Pine Group, pursuant to the Canadian Tax Act, of the
implementation of the Plan;
-9
the adequacy of the consideration to be received by Affected Unsecured Creditors pursuant to
the Plan;

the steps in and timing of completion of the Plan;

the ability of the Lone Pine Group to meet its financial obligations as they become due;

the liquidity and financial resources of the Lone Pine Group and the continued availability of
the Current Credit Facility;

the ability of the Lone Pine Group to obtain financing; and

the impact on operations of the Lone Pine Group from any strategic alternatives that they are
pursuing.
With respect to forward looking information contained in this Circular (including the documents incorporated by
reference herein), the Lone Pine Group has made assumptions regarding, among other things:

the regulatory framework affecting the Lone Pine Group, including the ability of the Lone Pine
Group to obtain the necessary regulatory approvals for the Plan; and

the ability to obtain financing on acceptable terms and to maintain the availability of the Lone
Pine Group's current financing arrangements.
Some of the risks that could affect future results and could cause results to differ materially from those expressed in
forward looking information include:

failure to obtain the necessary regulatory approvals for the implementation of the Plan;

failure by the Lone Pine Group to satisfy the conditions precedent under the Plan;

costs associated with the exploration, development and production of oil and natural gas;

the impact of competition;

the need to obtain required approvals and permits from regulatory authorities;

the uncertainty of estimates by the Lone Pine Group's independent consultants with respect to
its oil reserves and resources;

the volatility of oil and natural gas prices;

changes in the foreign exchange rate between the Canadian and U.S. dollar;

risks that the Lone Pine Group's financial counterparties may not fulfill financial obligations to
the Lone Pine Group;

risks that the Lone Pine Group may not be able to repay its indebtedness when it is required to
do so;

general economic conditions in Canada and the United States;

failure to obtain industry partner and other third party consents and approvals, when required;
- 10 
the impact of amendments to, and changes in the interpretation of, the Canadian Tax Act;

the Lone Pine Group's ability to attract capital and the cost of that capital; and

the other factors discussed under "Risk Factors" in this Circular.
Additional risk factors relating to the Lone Pine Group and its business are included in documents filed by LPRI on
SEDAR and EDGAR. Affected Unsecured Creditors should refer to such documents for additional risk factors that
could affect the Lone Pine Group and its future results.
FINANCIAL INFORMATION
The financial statements incorporated by reference in this Circular are reported in Canadian dollars and have been
prepared in accordance with United States generally accepted accounting principles. Financial results and other
information presented and reported in accordance with United States generally accepted accounting principles will
differ from similar measures presented and reported in accordance with Canadian generally accepted accounting
principles or International Financial Reporting Standards. The differences may be material. Accordingly, the
financial statements incorporated by reference in this Circular may not be comparable to the financial statements of
Canadian companies.
In this Circular, unless otherwise specified, all references to "dollars" or "$" are to Canadian dollars and all
references to "U.S. dollars" or to "US$" are to United States dollars.
On December 10, 2013, the noon spot rate of exchange published by the Bank of Canada for conversion of U.S.
dollars into Canadian dollars was US$1.00 = Cdn$1.0623.
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GLOSSARY
Unless the context otherwise requires, when used in this Circular the following terms shall have the meanings set
forth below. Words importing the singular shall include the plural and vice versa, and words importing any gender
shall include all genders.
"ABCA" means the Business Corporations Act (Alberta), as amended.
"Accretion Rate" means (i) with respect to the LPRC Preferred Shares, the 10% per annum rate at which the
redemption price per share of the LPRC Preferred Shares (which shall initially be equal to the Issue Price) will
increase over time, and (ii) with respect to the LPRI Multiple Voting Common Shares, the 10% per annum rate at
which the number of votes attached to each LPRI Multiple Voting Common Share (which shall initially be one vote
per share), will increase over time.
"Affected Claim" means any Claim that is not an Unaffected Claim, and, for certainty, includes any Equity Claim
and the Note Obligations.
"Affected Creditor" means any holder of an Affected Claim (or its permitted assignee), but only with respect to and
to the extent of such Affected Claim.
"Affected Unsecured Claims" means all Affected Claims other than Equity Claims.
"Affected Unsecured Creditor" means any holder of an Affected Unsecured Claim (or its permitted assignee), but
only with respect to and to the extent of such Affected Unsecured Claim.
"Affected Unsecured Creditor's Pro-Rata Share" means, with respect to each Affected Unsecured Creditor (other
than a Cash Pool Creditor) as at the relevant time, (x) the principal amount of the Allowed Affected Unsecured
Claim held by such Affected Unsecured Creditor, divided by (y) the total principal amount of all Allowed Affected
Unsecured Claims held by Affected Unsecured Creditors (other than Cash Pool Creditors).
"Affected Unsecured Creditors Classes" means the classes of Affected Unsecured Creditors entitled to vote on the
Plan at the Meetings in accordance with the terms of the Meeting Order, which, for certainty, are (i) the LPRC
Class, (ii) the LPR Holdings Class, (iii) the LPRI Class, (iv) the Wiser Oil Class, and (v) the Wiser Delaware Class,
and "Affected Unsecured Creditors Class" means any one of them.
"Affected Unsecured Creditors' Proxy" means a proxy substantially in the form attached to the Meeting Order, to
be submitted to the Monitor by any Affected Unsecured Creditor (other than a Noteholder or a Cash Pool Creditor)
who wishes to vote by proxy at one or more Meetings.
"affiliate" has the meaning ascribed to such term in the ABCA.
"Agent" means JP Morgan Chase Bank, N.A., Toronto Branch, in its capacity as agent of the Syndicate.
"Agreed Number" means, with respect to the LPRC Class A Voting Common Shares, LPRC Preferred Shares,
LPRI Class A Voting Common Shares and LPRI Multiple Voting Common Shares to be issued on the Plan
Implementation Date pursuant to the Plan, the number of such shares as is, in each case, agreed to by the Applicants,
the Monitor and the Majority Initial Consenting Noteholders; provided that (i) the Agreed Number of LPRC
Preferred Shares shall be equal to the Agreed Number of LPRI Multiple Voting Common Shares, (ii) the Agreed
Number of LPRC Class A Voting Common Shares shall be equal to the Agreed Number of LPRI Class A Voting
Common Shares, and (iii) the aggregate number of LPRC Preferred Shares issued on the Plan Implementation Date
pursuant to the Plan shall be equal to three (3) times the aggregate number of LPRC Class A Voting Common
Shares issued on the Plan Implementation Date pursuant to this Plan.
"Agreed Number of Votes" means the number of votes attaching to the LPRC Class C Multiple Voting Share to be
agreed to by the Applicants, the Monitor and the Majority Initial Consenting Noteholders; provided that such
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number shall represent greater than 70% of the total voting rights attached to all voting securities of LPRC that are
outstanding immediately following implementation of the Plan.
"Allowed" means, with respect to a Claim, any Claim or any portion thereof that has been finally allowed pursuant
to the Claims Procedure Order for purposes of receiving distributions under the Plan in accordance with the Claims
Procedure Order or a Final Order of the Court.
"Anticipated Implementation Date" means January 31, 2014, or such other date as may be agreed by the
Applicants, the Monitor, the Agent and the Majority Initial Consenting Noteholders.
"Applicable Law" means any law, statute, order, decree, consent decree, judgment, rule regulation, ordinance or
other pronouncement having the effect of law, whether in Canada, the United States or any other country, of any
domestic or foreign nation, province, territory, state, city or other political subdivision or of any Governmental
Entity.
"Applicants" or the "Lone Pine Group" means, collectively, LPRI, LPR Canada, LPR Holdings, Wiser Oil and
Wiser Delaware.
"Approval Resolution" means the resolution substantially in the form attached as Schedule A to this Circular
providing for the approval of the Plan by Affected Unsecured Creditors.
"Assigned Commitment" has the meaning ascribed to such term in the Backstop Agreement.
"Backstop Agreement" means the backstop agreements dated September 24, 2013 between the Applicants and the
Backstoppers, as may be amended, restated, supplemented or varied from time to time in accordance with the terms
thereof.
"Backstop Amount" means cash in an amount equal to 4% of the New Investment Amount.
"Backstop Commitment" means the commitment to fund the entire New Investment Amount provided by the
Backstoppers pursuant to and in accordance with the terms and conditions of the Backstop Agreement.
"Backstop Deadline" has the meaning ascribed to such term in the Meeting Order.
"Backstop Funding Deadline" has the meaning ascribed to such term under the heading "Details of the
Recapitalization – Description of the New Investment".
"Backstop Joinder" means an agreement in the form set out as Schedule B to the Backstop Agreement pursuant to
which, subject to the terms and conditions of the Backstop Agreement, a Qualifying Unsecured Creditor may agree
to become a Backstopper and be bound by the terms of the Backstop Agreement.
"Backstop Payment Amount" has the meaning ascribed to such term under the heading "Details of the
Recapitalization – Description of the New Investment".
"Backstoppers" means those Qualifying Unsecured Creditors that are Consenting Creditors and are parties to the
Backstop Agreement (and any of their permitted assignees or designees), either by having executed the original
Backstop Agreement as at September 24, 2013 or a Backstop Joinder on or before the Backstop Deadline, and
"Backstopper" means any one of them.
"Backstopper's Pro-Rata Share" means, with respect to each Backstopper, (x) the amount of the Backstop
Commitment committed to by such Backstopper pursuant to the Backstop Agreement, divided by (y) the New
Investment Amount.
"Backstopped Shares" has the meaning ascribed to such term under the heading "Details of the Recapitalization –
Description of the New Investment".
- 13 -
"BIA" means the Bankruptcy and Insolvency Act (Canada), as amended.
"Board" or "Board of Directors" means the board of directors of LPRI.
"Beneficial Noteholder" means a beneficial owner of any Notes as at the Voting Record Date (or, if applicable, an
investment advisor, manager or representative with voting discretion over the Notes owned by such beneficial
owners), regardless of whether such beneficial owner is a Registered Noteholder or an Unregistered Noteholder.
"Breaching Noteholder" means a Noteholder that has breached its obligations under the Support Agreement.
"Business Day" means a day, other than Saturday, Sunday or a statutory holiday, on which banks are generally open
for the transaction of commercial business in Calgary, Alberta and New York, New York.
"Canadian Holder" has the meaning ascribed to such term under the heading "Income Tax Considerations –
Certain Canadian Federal Income Tax Considerations – Residents of Canada".
"Canadian Tax Act" means the Income Tax Act (Canada), as amended.
"Cash Election" means a written election by an Affected Unsecured Creditor which holds an Allowed Affected
Unsecured Claim in an aggregate amount greater than the Cash Pool Cap to reduce the aggregate amount of such
Allowed Affected Unsecured Claim to the Cash Pool Cap, made in the form attached as a Schedule to the Meeting
Order.
"Cash Election Deadline" has the meaning ascribed thereto in the Meeting Order.
"Cash Pool" means a pool of cash in the amount of the Distributable Amount to be established on the Plan
Implementation Date pursuant to the Plan.
"Cash Pool Cap" means $10,000 (or such greater amount as may be agreed to by the Applicants, the Monitor and
the Majority Initial Consenting Noteholders prior to the Plan Implementation Date).
"Cash Pool Creditor" means an Affected Unsecured Creditor who, on the Plan Implementation Date, holds an
Allowed Affected Unsecured Claim in an aggregate amount that either (i) is not greater than the Cash Pool Cap, or
(ii) is greater than the Cash Pool Cap but which the Affected Unsecured Creditor elected, by providing a Cash
Election to the Monitor before the Cash Election Deadline, to reduce to the Cash Pool Cap.
"Cash Pool Creditor's Pro-Rata Share" means, with respect to each Cash Pool Creditor as at the relevant time, (x)
the principal amount of the Allowed Affected Unsecured Claim held by such Cash Pool Creditor (as such amount
may have been reduced by the Cash Election of such Cash Pool Creditor), divided by (y) the total principal amount
of all Allowed Affected Unsecured Claims held by all Cash Pool Creditors (as such amounts may have been reduced
by the Cash Elections of any such Cash Pool Creditors).
"CCAA" means the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended.
"CCAA Proceeding" means the proceeding commenced by the Applicants under the CCAA on the Filing Date.
"Chair" means the Chair of the Meetings.
"Charges" means the Administration Charge, the Directors' Charge, the DIP Lenders' Charge, the KERP Charge,
and the Subordinated Advisor Charge, each as defined in the Initial Order, the Hedging Charge as defined in the
Order of the Court dated November 27, 2013, and any other charges on the property of the Applicants granted by
Order of the Court.
"Circular" means this information circular of the Lone Pine Group dated December 13, 2013.
- 14 -
"Claim" has the meaning ascribed thereto in the Claims Procedure Order.
"Claimant" has the meaning ascribed thereto in the Claims Procedure Order.
"Claims Bar Date" means 5:00 p.m. (Mountain Time) on November 27, 2013, or such other date as may be ordered
by the Court.
"Claims Procedure Order" means the Order of the Court under the CCAA dated October 9, 2013 attached as
Schedule C to this Circular, establishing a claims procedure in respect of the Applicants, as same may be amended,
restated, supplemented or varied from time to time.
"Company Advisors" means Bennett Jones LLP, Richards, Layton & Finger, P.A., Vinson & Elkins LLP and RBC.
"Code" means the United States Internal Revenue Code of 1986, as amended.
"Consenting Creditors" means the Initial Consenting Noteholders and any other Affected Unsecured Creditors that
are parties to the Support Agreement (and any of their permitted assignees), either by having executed the original
Support Agreement as at September 24, 2013 or a Support Joinder on or before the Backstop Deadline.
"Court" means the Court of Queen's Bench of Alberta.
"CRA" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain Canadian
Federal Income Tax Considerations".
"Creditor" means any Person having a Claim, but only with respect to and to the extent of such Claim, including
the transferee or assignee of a transferred Claim that is recognized as a Creditor in accordance with the Claims
Procedure Order or a trustee, executor, liquidator, receiver, receiver and manager, or other Person acting on behalf
of or through such Person.
"Creditor Protection Proceedings" means the CCAA Proceeding and the U.S. Proceedings.
"Current Credit Agreement" means the credit agreement dated March 18, 2011, as amended, among LPRI as
parent, LPR Canada as borrower, the Agent, and the Syndicate.
"Current Credit Facility" means the credit facility provided to LPR Canada, as borrower, pursuant to the Current
Credit Agreement.
"Current Bank Security" means all security agreements, security interests, liens, debentures, charges and other
Encumbrances granted by the Applicants in favour of the Agent and/or the Syndicate to secure the obligations of
any one or more of the Applicants under the Current Credit Facility or any other agreements, instruments or other
arrangements contemplated by the Current Credit Agreement.
"Debt Exchange" means the exchange by Affected Unsecured Creditors (other than Cash Pool Creditors) of their
Affected Unsecured Claims for (i) LPRC Class A Voting Common Shares pursuant to the Plan, (ii) LPRI Class A
Voting Common Shares pursuant to the Plan and (iii), if applicable, a Backstopper's Pro-Rata Share of the Backstop
Amount.
"Defaulting Backstopper" has the meaning ascribed to such term in the Backstop Agreement.
"Deferred Plans" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain
Canadian Federal Income Tax Considerations".
"DIP Agreement" means the debtor-in-possession credit agreement between LPR Canada, as borrower, LPRI, as
guarantor, and the DIP Lenders, as such agreement may be modified, amended or supplemented in accordance with
the terms thereof, the Initial Order or any other Order.
- 15 -
"DIP Facility" means the interim financing facility provided to LPR Canada, as borrower, by the DIP Lenders
pursuant to the DIP Agreement.
"DIP Lenders" means, collectively, JP Morgan Chase Bank, N.A., Toronto Branch, Bank of Montreal, Wells Fargo
Bank, N.A., Canadian Branch, The Toronto Dominion Bank, The Bank of Nova Scotia, Canadian Imperial Bank of
Commerce, and JP Morgan Chase Bank, N.A., Toronto Branch, as administrative agent.
"Directors" means all current and former directors and individual managers (or their estates) of any one or more of
the Applicants, in such capacity, and "Director" means any one of them.
"Disputed Distribution Claim" means an Affected Unsecured Claim (including a contingent Affected Unsecured
Claim which may crystallize upon the occurrence of an event or events occurring after the Filing Date) or such
portion thereof which has not been Allowed, which is disputed for distribution purposes in accordance with the
Claims Procedure Order and which remains subject to adjudication for distribution purposes in accordance with the
Claims Procedure Order and for certainty, does not include any Equity Claims.
"Disputed Distribution Claims Reserve" means the reserve, if any, to be established by the Applicants on the Plan
Implementation Date, which shall be comprised of the consideration that would have been paid to holders of
Disputed Distribution Claims if such Disputed Distribution Claims had been Allowed Claims as of such date and
which shall be acceptable to the Applicants, the Monitor and the Majority Initial Consenting Noteholders.
"Distributable Amount" means $700,000 (or such greater amount as may be agreed to by the Applicants, the
Monitor and the Majority Initial Consenting Noteholders prior to the Plan Implementation Date).
"Distribution Date" means the date or dates, excluding the Initial Distribution Date, determined by the Applicants
and the Monitor from time to time on which to effect subsequent distributions in respect of Allowed Claims
(including any Disputed Distribution Claim that becomes an Allowed Affected Unsecured Claim pursuant to the
provisions of the Plan).
"DTC" means The Depository Trust Company or Cede & Co. as its nominee, in its capacity as registered holder of
the Notes, or any successor thereof.
"Effective Time" means 12:01 a.m. (Calgary time) on the Plan Implementation Date or such other time on such date
as the Applicants, the Monitor and the Majority Initial Consenting Noteholders may agree.
"EDGAR" means the Electronic Data Gathering Analysis and Retrieval system of the SEC, through which reporting
companies under U.S. federal securities laws file various disclosure documents, copies of which are accessible
electronically through the internet at www.sec.gov/edgar/searchedgar/companysearch.html.
"Employee Amounts" means all outstanding wages, salaries and employee benefits (including employee medical,
dental, disability, life insurance and similar benefit plans or arrangements, incentive plans, share compensation plans
and employee assistance programs and employee or employer contributions in respect of pension or group savings
plans, and other benefits), vacation pay, commissions, bonuses and other incentive payments, termination and
severance payments, and employee expenses and reimbursements, in each case incurred in the ordinary course of
business and consistent with existing compensation policies and arrangements, and all equivalent amounts related to
individuals who perform employment-like services for the Applicants as contractors.
"Encumbrance" means any charge, mortgage, lien, pledge, claim, restriction, hypothec, adverse interest, security
interest or other encumbrance whether created or arising by agreement, statute or otherwise at law, attaching to
property, interests or rights, and shall be construed in the widest possible terms and principles known under the law
applicable to such property, interests or rights and whether or not they constitute specific or floating charges as those
terms are understood under the laws of the Province of Alberta.
- 16 -
"Equity Claim" means a Claim that is an "equity claim" within the meaning of section 2(1) of the CCAA, and, for
certainty, includes (i) any claims resulting from the ownership, purchase or sale of an Equity Interest, and (ii) any
indemnification claims against the Applicants related to or arising from (i) above.
"Equity Claimant" means any Person with an Equity Claim or holding an Equity Interest, but only in such capacity,
and for certainty includes an Existing Shareholder in its capacity as such.
"Equity Interests", with respect to LPRI, has the meaning ascribed thereto in section 2(1) of the CCAA and, for
certainty, includes the Existing Parent Shares, the Options and any other interest in or entitlement to shares in the
capital stock of LPRI.
"Evi" means LPR Canada's light oil asset in northern Alberta.
"Evi JV Proposal" has the meaning ascribed to such term under the heading "Background to the Recapitalization –
Events prior to the commencement of Creditor Protection Proceedings".
"Existing Common Shareholder" means beneficial holders of Existing Common Shares.
"Existing Common Shares" means the shares of common stock, par value $0.01 per share in the capital of LPRI
that are issued and outstanding immediately prior to the Effective Time.
"Existing Parent Shares" means all shares in the capital stock of LPRI, of any class, whether shares of common
stock, the Existing Common Shares or shares of preferred stock, par value US$0.01 per share (including shares of
preferred stock of that certain series designated as Series A Junior Participating Stock), or otherwise, that are issued
and outstanding immediately prior to the Effective Time, and for certainty does not include any New Shares in the
capital stock of LPRI issued on the Plan Implementation Date pursuant to the Plan.
"Existing Shareholder" means any Person who holds or is entitled to the Existing Parent Shares or any shares in the
authorized capital stock of LPRI immediately prior to the Effective Time, but only in such capacity, and for
certainty does not include any Person that is issued New Shares on the Plan Implementation Date pursuant to the
Plan, in such capacity.
"Filing Date" means September 25, 2013.
"Final Order" means any order, ruling or judgment of the Court, or any other court of competent jurisdiction, which
has not been reversed, modified or vacated, and is not subject to any stay, and in respect of which all applicable
appeal periods shall have expired and any appeals therefrom shall have been disposed of by the applicable appellate
court.
"Funding Deadline" has the meaning ascribed to such term under the heading "Details of the Recapitalization –
Description of the New Investment".
"Goodmans" means Goodmans LLP in its capacity as counsel to the Initial Consenting Noteholders and the Initial
Backstoppers.
"Government Priority Claims" means all Claims of Governmental Entities against the Applicants in respect of
amounts that are outstanding and that are of a kind that could reasonably be subject to a demand under:
(a)
subsections 224(1.2) of the Canadian Tax Act;
(b)
any provision of the Canada Pension Plan or the Employment Insurance Act (Canada) that refers
to subsection 224(1.2) of the Canadian Tax Act and provides for the collection of a contribution,
as defined in the Canada Pension Plan, or employee's premium or employer's premium as defined
in the Employment Insurance Act (Canada), or a premium under Part VII. I of that Act, and of any
related interest, penalties or other amounts; or
- 17 -
(c)
any provision of provincial legislation that has a similar purpose to subsection 224(1.2) of the
Canadian Tax Act, or that refers to that subsection, to the extent that such provision provides for
the collection of a sum, and of any related interest, penalties or other amounts, where the sum:
(i)
has been withheld or deducted by a person from a payment to another person and is in
respect of a tax similar in nature to the income tax imposed on individuals under the
Canadian Tax Act; or
(ii)
is of the same nature as a contribution under the Canada Pension Plan if the province is a
"province providing a comprehensive pension plan" as defined in subsection 3(1) of the
Canada Pension Plan and the provincial legislation establishes a "provincial pension
plan" as defined in that subsection.
"Governmental Entity" means any government, regulatory authority, government department, agency,
commission, bureau, official, minister, Crown corporation, court, board, tribunal or dispute settlement panel or other
law, rule or regulation-making body or entity: (a) having or purporting to have jurisdiction on behalf of any nation,
province, territory or state or any other geographic or political subdivision of any of them; or (b) exercising, or
entitled or purporting to exercise any administrative, executive, judicial, legislative, policy, regulatory or taxing
authority or power.
"Initial Backstoppers" means those Backstoppers (and any of their permitted assignees) that were the original
signatories to the Backstop Agreement (as distinct from a Backstop Joinder) as at September 24, 2013.
"Initial Consenting Noteholders" means those Noteholders (and any of their permitted assignees) that were the
original signatories to the Support Agreement (as distinct from a Support Joinder) as at September 24, 2013 and
"Initial Consenting Noteholder" means any one of them.
"Initial Distribution Date" means the Plan Implementation Date or such other date as the Applicants, the Monitor
and the Majority Initial Consenting Noteholders may agree.
"Initial Order" means the Order of the Court under the CCAA dated September 25, 2013.
"Insured Claim" means all or that portion of a Claim arising from a cause of action for which the applicable insurer
has definitively and unconditionally confirmed that each applicable Applicant is insured, but only to the extent that
such Claim, or portion thereof, is so insured.
"Intercompany Claim" means a Claim by one or more of the Applicants against one or more other Applicants.
"IRS" means the United States Internal Revenue Service.
"Issue Price" means, for each LPRC Preferred Share issued on the Plan Implementation Date, the amount
determined by dividing (x) the New Investment Amount by (y) the Agreed Number of LPRC Preferred Shares
issued on the Plan Implementation Date pursuant to the Plan.
"Joint Venture Partner" means any Person who has a working interest or joint ownership interest in any
equipment, lands, properties, production, wells, facilities, plants, batteries, infrastructure or other assets associated
with the oil and gas exploration business of the Applicants, in which the Applicants also have a working interest or
joint ownership interest, in such capacity.
"KERP" means the payments to be made to certain key employees of the Applicants, as approved under the Initial
Order and as described in the key employee retention plan letters attached to, and filed with the Court together with,
the confidential supplement to the Pre-Filing Report of the Monitor dated as of September 24, 2013.
"Lone Pine Group" or the "Applicants" means, collectively, LPRI, LPR Canada, LPR Holdings, Wiser Oil and
Wiser Delaware.
- 18 -
"LPR Canada" or "LPRC" means Lone Pine Resources Canada Ltd.
"LPRC Class A Voting Common Shares" means the Class A voting common shares in the capital of LPRC, the
terms of which shall, upon giving effect to the amendment to the articles of LPRC described in the Plan, be
substantially economically equivalent to the terms of the LPRC Class B Non-Voting Common Shares.
"LPRC Class B Non-Voting Common Shares" means the Class B non-voting common shares in the capital of
LPRC, the terms of which shall, upon giving effect to the amendment to the articles of LPRC described in the Plan,
be substantially economically equivalent to the terms of the LPRC Class A Voting Common Shares.
"LPRC Class C Multiple Voting Share" means the new Class C multiple voting share in the capital of LPR
Canada to be created upon giving effect to the amendment to the articles of LPR Canada described in the Plan, the
terms of which shall be substantially the same as the terms of the LPRC Class A Voting Common Shares except that
the LPRC Class C Multiple Voting Share shall have attached thereto the Agreed Number of Votes.
"LPRC Preferred Shares" means the new redeemable convertible preferred shares in the capital of LPRC to be
created upon giving effect to the amendment to the articles of LPRC described in the Plan, which shall be (i)
redeemable at a redemption price per share that is initially equal to the Issue Price and will increase over time based
on the Accretion Rate and (ii) convertible into LPRC Class B Non-Voting Common Shares initially on the basis of,
for each LPRC Preferred Share converted, one LPRC Class B Non-Voting Common Share subject to increase over
time based on the increase in the redemption price.
"LPR Holdings" means Lone Pine Resources (Holdings) Inc.
"LPRI" means Lone Pine Resources Inc.
"LPRI Class A Voting Common Shares" means the new Class A voting common shares in the capital stock of
LPRI to be created upon giving effect to the amendment to the certificate of incorporation of LPRI described in the
Plan.
"LPRI Multiple Voting Common Shares" means the new multiple voting common shares in the capital stock of
LPRI to be created upon giving effect to the amendment to the certificate of incorporation of LPRI described in the
Plan, the terms of which shall initially entitle the holder thereof to one (1) vote per share subject to increase over
time based on the Accretion Rate.
"LPRI Subscription Amount" means the aggregate amount paid by Subscribing Unsecured Creditors to subscribe,
as part of the New Investment, for the LPRI Multiple Voting Common Shares to be issued on the Plan
Implementation Date pursuant to this Plan, which will be the amount determined by dividing (x) the New
Investment Amount by (y) 1,000,000.
"Majority Initial Consenting Noteholders" means Initial Consenting Noteholders holding not less than a majority
of the principal amount of the Notes held by all Initial Consenting Noteholders as at the time that any agreement,
waiver, consent or approval is sought or required, as the case may be, and in each case as communicated to the
Applicants by counsel to the Initial Consenting Noteholders in accordance with the Plan.
"Material Adverse Change" has the meaning ascribed to such term in the Support Agreement, except as otherwise
indicated herein.
"Meetings" means the meetings of Affected Unsecured Creditors to be held on the Meeting Date called for the
purpose of considering and voting on the Plan pursuant to the CCAA, and includes any adjournment, postponement
or other rescheduling of such meetings in accordance with the Meeting Order.
"Meeting Date" means the date on which the Meetings are held in accordance with the Meeting Order.
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"Meeting Order" means the Order of the Court under the CCAA that, among other things, sets the date for the
Meetings, a copy of which is attached as Schedule B to this Circular, as the same may be amended, restated or
varied from time to time.
"Monitor" means PricewaterhouseCoopers Inc., as Court-appointed Monitor of the Applicants in the CCAA
Proceeding.
"Monitor's Report" means the sixth report of the Monitor dated December 10, 2013, a copy of which is attached as
Schedule E to this Circular.
"Monitor Advisors" means McCarthy Tétrault LLP and Potter Anderson & Corroon LLP.
"Narraway/Ojay" means LPR Canada's natural gas fields in Alberta and British Columbia.
"New Credit Facility" means the credit facility or facilities required to be obtained by LPR Canada as a condition to
the Recapitalization and the Support Agreement, and includes (i) the agreement or agreements pursuant to which
such facility or facilities are provided and (ii) all security agreements, security interests, liens, debentures, charges
and other encumbrances granted by the Applicants in favour of the providers of such facility or facilities to secure
the obligations of LPR Canada thereunder or in connection therewith.
"New Investment" means the new investment by Subscribing Unsecured Creditors in (i) LPRC Preferred Shares in
the aggregate subscription amount equal to the New Investment Amount, and (ii) LPRI Multiple Voting Common
Shares in the aggregate subscription amount equal to the LPRI Subscription Amount.
"New Investment Amount" means such amount, between a minimum of US$100,000,000 and a maximum of
US$110,000,000, as is agreed to by the Applicants, the Monitor and the Initial Backstoppers on or before January 8,
2014 (or such later date as may be agreed to by the Applicants, the Monitor and the Initial Backstoppers).
"New Investment Subscription Deadline" has the meaning ascribed thereto in the Meeting Order.
"New Investment Subscription Form" means the form pursuant to which each Qualifying Unsecured Creditor
shall have the right, but not the obligation, to elect irrevocably to participate in the New Investment, conditional
upon the implementation of the Plan and effective on the Plan Implementation Date, up to a maximum of such
Affected Unsecured Creditor's Pro-Rata Share of the New Investment, which form is attached as a Schedule to the
Meeting Order.
"New Investment Subscription Privilege" means the right of a Qualifying Unsecured Creditor to participate in the
New Investment by electing, in accordance with the provisions of the Plan, to subscribe for and purchase from the
Applicants up to its Subscribing Unsecured Creditor's Pro-Rata Share of LPRC Preferred Shares under the New
Investment, and the same number of LPRI Multiple Voting Common Shares.
"New Shares" means the new shares in the capital of LPRC or in the capital stock of LPRI to be issued on the Plan
Implementation Date by LPRC or LPRI, as applicable, pursuant to the provisions of the Plan.
"Non-Resident Holder" has the meaning ascribed to such term under the heading "Income Tax Considerations –
Certain Canadian Federal Income Tax Considerations – Non-Residents of Canada".
"Note Indenture" means the note indenture dated February 14, 2012 among LPR Canada as issuer, the other
Applicants as guarantors, and U.S. Bank National Association as trustee, pursuant to which the Notes were issued,
as it may be amended, restated, varied or supplemented in accordance with its terms.
"Note Indenture Trustee" means U.S. Bank National Association, in its capacity as trustee under the Note
Indenture, or any successor thereof.
- 20 -
"Note Obligations" means all obligations, liabilities and indebtedness of the Applicants (whether as borrower,
guarantor, surety or otherwise) to the Note Indenture Trustee and/or the Noteholders under, arising out of or in
connection with the Notes, the Note Indenture or the guarantees granted in connection with any of the foregoing, as
well as any other agreements or documents relating thereto, as at the Plan Implementation Date.
"Noteholder Advisors" means Goodmans and Stroock & Stroock & Lavan LLP.
"Noteholder Claim" means any Claim by a Noteholder (or a trustee or other representative on the Noteholder's
behalf) in respect of or in relation to the Notes owned or held by such Noteholder, including all principal and
accrued interest payable to such Noteholder pursuant to such Notes or the Note Indenture.
"Noteholder" means a holder of Notes, in such capacity.
"Noteholders' Proxy" means a proxy substantially in the form attached to the Meeting Order, to be submitted to the
Monitor by any Beneficial Noteholder that wishes to vote by proxy at one or more Meetings.
"Notes" means the 10.375% senior notes due 2017 issued by LPR Canada pursuant to the Note Indenture.
"NYSE" means the New York Stock Exchange.
"Officers" means all current and former officers (or their estates) of any one or more of the Applicants, in such
capacity, and "Officer" means any one of them.
"Option Plans" means any plan or arrangement of any Applicant pursuant to which options, warrants or other rights
to purchase or otherwise receive shares or other securities of any Applicant, in each case as such plan or
arrangement may be amended, restated or varied from time to time in accordance with the terms thereof, including
the Lone Pine Resources Inc. 2011 Stock Incentive Plan.
"Options" means any options, warrants, rights, conversion privileges, puts, calls, subscriptions, or other rights,
entitlements, agreements, arrangements, commitments or claims of any kind (whether pre-emptive, contingent,
conditional or otherwise) obligating an Applicant to sell or otherwise issue, or to purchase or otherwise acquire,
shares or other securities of any Applicant, or any securities or obligations of any kind convertible into or
exchangeable for shares or other securities of any Applicant, in each case that are existing or are issued and
outstanding immediately prior to the Effective Time, including any award made under the Lone Pine Resources Inc.
2011 Stock Incentive Plan pursuant to which the holder thereof may purchase or otherwise receive shares of
common stock of LPRI, any preferred share purchase rights under the Rights Agreement, or any options, warrants or
other rights pursuant to any other Option Plan, and any rights, entitlements, agreements, arrangements, commitments
or claims of any kind to receive any other form of consideration in respect of any prior or future exercise of any of
the foregoing.
"Order" means any order, ruling or judgment of the Court or any other court of competent jurisdiction made in
connection with the CCAA Proceeding.
"Other Transaction" means any transaction that is alternative to the Recapitalization.
"Outside Date" means February 15, 2014 (or such later date as the Applicants and the Majority Initial Consenting
Noteholders may agree).
"Participant Holder" means a Person whose name appears on any of the Participant Holders Lists as at the Voting
Record Date but who is not a Beneficial Noteholder.
"Participant Holders Lists" means the lists of holders of Notes to be provided to the Monitor by DTC or any
similar depository or trust company with respect to the Notes in accordance with the Meeting Order.
- 21 -
"Person" means any individual, firm, corporation, limited or unlimited liability company, general or limited
partnership, association, trust, unincorporated organization, joint venture, Governmental Entity or any agency,
officer or instrumentality thereof or of any other entity.
"Plan" means the Plan of Compromise and Arrangement filed by each of the Applicants under the CCAA, as it may
be amended, supplemented or restated from time to time in accordance with the terms thereof.
"Plan Implementation Date" means the Business Day on which the Plan becomes effective, which shall be the
Business Day on which the Monitor delivers to the Applicants and Goodmans the certificate referenced in the Plan.
"Plan Supplement Document" means any document or agreement that is entered into in order to supplement or
implement the provisions of the Plan, and that is expressly established as a "Plan Supplement Document" in its
terms, including any "Plan Supplement" within the meaning of the Meeting Order.
"Post-Filing Trade Payables" means trade payables that were incurred by the Applicants in the ordinary course of
business (i) after the Filing Date but before the Plan Implementation Date; and (ii) in compliance with the Initial
Order and any other Orders issued in connection with the CCAA Proceeding.
"Post-Implementation Boards" means (i) the board of directors of LPRC upon implementation of the Plan and (ii)
the board of directors of LPRI upon implementation of the Plan, as appointed in accordance with the Sanction
Order.
"Post-Implementation Shareholder" means a holder of LPRC Class A Voting Common Shares and LPRI Class A
Voting Common Shares after giving effect to the Debt Exchange, or of LPRC Preferred Shares and LPRI Multiple
Voting Common Shares after giving effect to the New Investment.
"Potential JV Candidate" has the meaning ascribed to such term under the heading "Background to the
Recapitalization – Events prior to the commencement of Creditor Protection Proceedings."
"Prior Ranking Secured Claims" means Claims existing on both the Filing Date and the Plan Implementation
Date, other than (i) Syndicate Claims and (ii) Claims secured by the Charges, that in each case have the benefit of a
valid and enforceable security interest in, mortgage or charge over, lien against or other similar interest in, any of the
assets that the Applicants own or to which the Applicants are entitled, but only to the extent of the realizable value
of the property subject to such security.
"Proposed Amendments" has the meaning ascribed to such term under the heading "Income Tax Considerations –
Certain Canadian Federal Income Tax Considerations".
"Qualifying Unsecured Creditor" means an Affected Unsecured Creditor as of the Voting Record Date that (i) is
not a Cash Pool Creditor, and (ii) is an "accredited investor" as defined under Section 501 of Regulation D under the
U.S. Securities Act.
"RBC" means RBC Dominion Securities Inc., a member company of RBC Capital Markets.
"Recapitalization" means the transactions contemplated in the Plan.
"Redemption Price" means, with respect to the LPRC Preferred Shares, the Issue Price as adjusted pursuant to the
Accretion Rate.
"Registered Noteholder" means a Noteholder who is the legal owner or holder of one or more Notes and whose
name appears on any Registered Noteholder List.
"Registered Noteholder List" means each list of Registered Noteholders as at the Voting Record Date provided by
the Note Indenture Trustee to the Monitor in accordance with the Meeting Order.
- 22 -
"Released Claim" has the meaning ascribed to such term in the Plan.
"Released Party" and "Released Parties" have the meanings ascribed to such terms in the Plan.
"Required Majorities" means, in respect of each Meeting, a majority in number of Affected Unsecured Creditors
representing at least two-thirds in value of the Voting Claims of Affected Unsecured Creditors who are entitled to
vote at the Meeting in accordance with the Meeting Order and who are present and voting in person or by proxy on
the Approval Resolution at the Meeting.
"Restructured Group" means, collectively, LPRI and LPR Canada after giving effect to implementation of the Plan
and completion of the transactions provided therein.
"Restructuring Claims Bar Date" means seven calendar days after termination, repudiation or resiliation of the
applicable agreement or other event giving rise to the applicable Restructuring Period Claim.
"Restructuring Period Claim" has the meaning ascribed to such term in the Claims Procedure Order.
"Rights Agreement" means the rights agreement dated May 11, 2011 between LPRI and Mellon Investor Services
LLC, as rights agent, relating to the preferred share purchase rights attached to the shares of common stock, par
value $0.01 per share of LPRI.
"RRIF" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain Canadian
Federal Income Tax Considerations".
"RRSP" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain Canadian
Federal Income Tax Considerations".
"Sanction Date" means the date that the Sanction Order is made by the Court.
"Sanction Hearing" means the hearing for the Sanction Order.
"Sanction Order" means the Order of the Court sanctioning and approving the Plan.
"Sanction Recognition Order" means the order of the U.S. Court made in the U.S. Proceeding that, among other
things, recognizes and gives effect to the Sanction Order in the United States.
"SEC" means the United States Securities and Exchange Commission.
"Securityholder" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain
Canadian Federal Income Tax Considerations".
"SEDAR" means the System for Electronic Document Analysis and Retrieval through which reporting issuers under
Canadian securities legislation file various disclosure documents, copies of which are accessible electronically
through the internet at www.sedar.com.
"Service List" means the list of counsel and other interested parties who have requested service of materials filed
with the Court in this proceeding, as maintained by the Applicants and the Monitor;
"Subscribing Unsecured Creditor" means (i) each Backstopper and (ii) every other Qualifying Unsecured Creditor
that submits a duly executed New Investment Subscription Form electing to participate in the New Investment in
accordance with the Plan.
"Subscribing Unsecured Creditor's Pro-Rata Share" means, with respect to each Subscribing Unsecured
Creditor, (x) the amount of the New Investment Amount to be taken up by such Subscribing Unsecured Creditor as
at the Plan Implementation Date, divided by (y) the New Investment Amount.
- 23 "Subscription Amount" has the meaning ascribed to such term under the heading "Details of the Recapitalization –
Description of the New Investment".
"Support Agreement" means the support agreements dated September 24, 2013 between the Applicants and the
Consenting Creditors, as may be amended, restated, supplemented or varied from time to time in accordance with
the terms thereof.
"Support Joinder" means an agreement in the form set out as Schedule C to the Support Agreement or as
contemplated by the Backstop Agreement pursuant to which an Affected Unsecured Creditor agrees to become a
Consenting Creditor and to be bound by the terms of the Support Agreement.
"Syndicate" means the syndicate of lenders pursuant to the Current Credit Agreement, at the relevant time, in their
capacity as such.
"Syndicate Claim" means a Claim of the Agent and/or the Syndicate in respect of the Current Credit Facility, the
Current Credit Agreement or any other obligation of one or more of the Applicants the performance of which is
secured by the Current Bank Security.
"Tax" means all taxes, however denominated, including any instalments with respect thereto and any interest,
penalties or other additions that may become payable in respect thereof, imposed by any Governmental Entity,
which taxes shall include, without limiting the generality of the foregoing, all income or profits taxes (including, but
not limited to, federal income taxes and provincial income taxes), payroll and employee withholding taxes, social
insurance taxes, sales and use taxes, goods and services taxes, ad valorem taxes, duties, excise taxes, franchise taxes,
gross receipts taxes, business license taxes, occupation taxes, real and personal property governmental charges,
stamp taxes, insurance taxes, environmental taxes, transfer taxes, capital taxes and other obligations of the same or
of a similar nature to any of the foregoing taxes including Canada Pension Plan and provincial pension plan
contributions, employment insurance payments and workers' compensation premiums and other taxes which a party
(or any of its subsidiaries) is required to pay, withhold, remit or collect.
"TFSA" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain Canadian
Federal Income Tax Considerations".
"Total Debt / EBITDA" means the total debt to EBITDA ratio (measured quarterly).
"TSX" means the Toronto Stock Exchange.
"Unaffected Claim" means any:
(a)
Claim secured by any of the Charges;
(b)
Syndicate Claim;
(c)
Insured Claim;
(d)
Intercompany Claim;
(e)
Post-Filing Trade Payable;
(f)
Claim by an Unaffected Trade Creditor arising from an Unaffected Trade Claim;
(g)
Claim by a Joint Venture Partner;
(h)
Prior Ranking Secured Claim;
- 24 -
(i)
Claim that is not permitted to be compromised pursuant to section 19(2) of the CCAA, but only to
the extent not permitted;
(j)
Claim in respect of an Employee Amount (other than in respect of Options); and
(k)
Government Priority Claim.
"Unaffected Creditor" means a Creditor who has an Unaffected Claim, but only in respect of and to the extent of
such Unaffected Claim.
"Unaffected Trade Claim" means a Claim of an Unaffected Trade Creditor that is not a Post-Filing Trade Payable
and that arises out of or in connection with any contract, license, lease, agreement, obligation, arrangement,
understanding or document with the Applicants related to the business of the Applicants.
"Unaffected Trade Creditor" means any Person that has been designated by the Applicants, with the consent of the
Monitor, as a critical supplier in accordance with the Initial Order.
"Undeliverable Distribution" has the meaning ascribed to such term in the Plan.
"Unregistered Noteholder" means a Noteholder whose name does not appear on any Registered Noteholder List.
"United States" or "U.S." means the United States of America, its territories and possessions, any State of the
United States and the District of Columbia.
"U.S. Bankruptcy Code" means title 11 of the United States Code, as amended from time to time.
"U.S. Court" means the United States Bankruptcy Court for the District of Delaware.
"U.S. Exchange Act" means the United States Securities Exchange Act of 1934, as amended.
"U.S. Proceeding" means the proceeding commenced by LPR Canada, as authorized representative of the Lone
Pine Group, under Chapter 15 of the U.S. Bankruptcy Code on the Filing Date.
"U.S. Securities Act" means the United States Securities Act of 1933, as amended.
"U.S. Treaty" has the meaning ascribed to such term under the heading "Income Tax Considerations – Certain
Canadian Federal Income Tax Considerations – Non-Residents of Canada".
"Voting Claim" has the meaning ascribed thereto in the Claims Procedure Order.
"Voting Record Date" has the meaning ascribed thereto in the Meeting Order.
"Website" means www.pwc.com/car-lpr.
"Wiser Delaware" means Wiser Delaware LLC.
"Wiser Oil" means Wiser Oil Delaware, LLC.
- 25 -
SUMMARY INFORMATION
The following is a summary of certain information contained elsewhere in this Circular, including the Schedules
hereto, and is qualified in its entirety by reference to the more detailed information contained or referred to
elsewhere in this Circular or the Schedules hereto. Terms with initial capital letters used in this summary are
defined in the "Glossary".
Meetings
Pursuant to the Meeting Order, the Meetings have been called for the purpose of having
Affected Unsecured Creditors with Allowed Affected Unsecured Claims consider and,
if deemed advisable, adopt, with or without variation, the Approval Resolution to
approve the Plan. The Meetings will be held at the offices of Bennett Jones LLP, 4500
Bankers Hall East, 855 – 2nd Street S.W., Calgary, Alberta, on January 6, 2014
beginning at 10:00 a.m. (Calgary time).
The Meetings will be held in accordance with the Plan, the Meeting Order and any
further Order. Subject to paragraph 45 of the Meeting Order, only Affected Unsecured
Creditors with Voting Claims against the applicable Applicant as at the Voting Record
Date will be eligible to attend the applicable Meeting and vote on a resolution to
approve the Plan. Holders of Notes cannot vote in person and must instead provide a
proxy to the Monitor in accordance with the Meeting Order. The votes of Affected
Unsecured Creditors holding Unresolved Claims will be separately tabulated and
Unresolved Claims will not be counted unless, until and only to the extent that such
Unresolved Claim is finally determined to be a Voting Claim. A holder of an
Unaffected Claim shall not be entitled to attend or vote at the Meetings in respect of
such Unaffected Claim. A holder of an Equity Claim shall not be entitled to attend or
vote at the Meetings in respect of such Equity Claim.
In accordance with the Meeting Order, each Cash Pool Creditor shall be deemed to vote
in favour of the Plan to the full extent of its Allowed Affected Unsecured Claim and
shall not be entitled to attend or vote at the Meetings, whether in person or by proxy,
unless such Cash Pool Creditor: (i) has not returned a Cash Election Form in
accordance with the Meeting Order; and (ii) delivers an Affected Unsecured Creditors'
Proxy to the Monitor so that it is received on or before 3:00 p.m. (Calgary time) on the
last Business Day before the date of the Meetings (or any adjournment thereof) in
accordance with the instructions accompanying such Affected Unsecured Creditors'
Proxy.
The quorum required at each Meeting will be one Affected Unsecured Creditor with a
Voting Claim against the applicable Applicant present at the Meeting (in person or by
proxy). Noteholders will have Voting Claims against each of the Applicants (and in
each Class) given that each Applicant is either an issuer or guarantor of the Note
Obligations.
For greater certainty, the following Persons shall have no right to, and shall not, vote at
the Meetings: (i) Unaffected Creditors, (ii) holders of Affected Unsecured Claims in
respect of which a Proof of Claim has been filed in accordance with the Claims
Procedure Order that has been designated by the Applicants or the Monitor as an Equity
Claim, (iii) Equity Claimants, and (iv) any other Person asserting Claims against the
Applicants whose Claims do not constitute Affected Unsecured Claims on the Voting
Record Date.
See "Information Concerning the Meetings – Procedure for the Meetings".
As at the date of this Circular, Consenting Creditors holding approximately 75%
of the outstanding principal amount of the Notes have agreed to vote in favour of
and to support the Recapitalization and the Plan, in accordance with the terms
- 26 -
and conditions of the Support Agreement. See "Support Agreement".
Purpose of the Plan
The Plan, a copy of which is attached as Schedule D to this Circular, contemplates a
series of steps leading to an overall capital reorganization of the Lone Pine Group. The
following is a general description of certain transactions provided for under the Plan
and is qualified in its entirety by reference to the more detailed information contained
elsewhere in this Circular and to the full text of the Plan itself. See "Details of the
Recapitalization – Plan Implementation Date Transactions" and Schedule D.
The purpose of the Plan is to: (a) implement the Recapitalization, which will
significantly reduce the indebtedness of the Lone Pine Group through the Debt
Exchange and provide essential financing to address current and future liquidity needs
through the New Investment; (b) provide for settlement of all Allowed Affected Claims;
(c) effect a release and discharge of all Affected Claims and Released Claims; and (d)
ensure the continued viability and ongoing operations of the Lone Pine Group.
The Plan, if approved by the Affected Unsecured Creditors at the Meeting and
thereafter by the Court pursuant to the Sanction Order, and if implemented in
accordance with its terms, will effect a capital reorganization of the Lone Pine Group
and generally provides, among other things, for the following:
(a)
Debt Exchange – the exchange of all Notes and other Affected
Unsecured Claims in consideration for new common equity in the
Restructured Group in the form of voting common shares of LPR
Canada (being LPRC Class A Voting Common Shares), together with
concurrently issued voting common shares of LPRI (being LPRI Class
A Voting Common Shares) and, if applicable, any Backstopper's ProRata Share of the Backstop Amount, except for Affected Unsecured
Claims of Cash Pool Creditors, as noted below;
(b)
New Investment – an offering to Qualifying Unsecured Creditors of an
amount between a minimum of US$100,000,000 and a maximum of
US$110,000,000 in new preferred equity in the Restructured Group in
the form of new redeemable convertible preferred shares of LPR
Canada (being LPRC Preferred Shares), together with concurrently
issued multiple voting shares of LPRI (being LPRI Multiple Voting
Common Shares), pursuant to which such Qualifying Unsecured
Creditors may, at their election, invest additional capital and purchase
their pro rata share of the New Investment;
(c)
Backstop Commitment – the issuance of all such LPRC Preferred
Shares and concurrently issued LPRI Multiple Voting Common Shares
pursuant to the Backstop Commitment, so as to ensure that the
Restructured Group realizes the full New Investment Amount;
(d)
Repayment of Credit Facility – the repayment in full of secured bank
debt with proceeds from the New Investment and borrowings under the
New Credit Facility;
(e)
Cancellation of Existing Parent Shares, Equity Interests and Equity
Claims – the cancellation of all Existing Parent Shares, Equity Interests
and Equity Claims for no consideration, which in the context of the
Creditor Protection Proceedings is a necessary consequence of the
Lone Pine Group's inability to pay the priority claims of Affected
Unsecured Creditors in full and in compliance with the terms of the
- 27 -
CCAA; and
(f)
Cash Pool Creditors – the payment in cash of Affected Unsecured
Claims of Cash Pool Creditors that are, or that the holder thereof elects
to reduce to, $10,000 or less, subject to an aggregate maximum
Distributable Amount limit of $700,000 for all such claims and
prorating in the event that such Affected Unsecured Claims exceed the
maximum Distributable Amount.
The foregoing description is generalized and is qualified in its entirety by reference to
the specific provisions of the Plan, which among other things specifies the particular
Recapitalization steps and their sequence. See "Details of the Recapitalization − Plan
Implementation Date Transactions" below.
The Plan is put forward based on the expectation that, overall and in the aggregate,
parties who have an economic interest in the Lone Pine Group, when considered as a
whole, will derive a greater benefit from the implementation of the Plan than would
result from a forced sale or liquidation of the Lone Pine Group's assets through
bankruptcy, exercise of creditors' rights or receivership proceedings.
Additional information regarding LPR Canada and LPRI, including information relating
to the rights, privileges, restrictions and conditions attaching to the New Shares, will be
provided in the Plan Supplement to be issued in accordance with the terms of the
Meeting Order.
See "Details of the Recapitalization".
Entitlement to Vote
Subject to paragraph 45 of the Meeting Order, only Affected Unsecured Creditors with
Voting Claims against the applicable Applicant as at the Voting Record Date will be
eligible to attend the applicable Meeting and vote on a resolution to approve the Plan.
Holders of Notes cannot vote in person and must instead provide a proxy to the Monitor
in accordance with the Meeting Order. The votes of Affected Unsecured Creditors
holding Unresolved Claims will be separately tabulated and Unresolved Claims will not
be counted unless, until and only to the extent that such Unresolved Claim is finally
determined to be a Voting Claim. A holder of an Unaffected Claim shall not be entitled
to attend or vote at the Meetings in respect of such Unaffected Claim. A holder of an
Equity Claim shall not be entitled to attend or vote at the Meeting in respect of such
Equity Claim.
Each Beneficial Noteholder that has a Voting Claim against the applicable Applicant
shall be entitled to one vote as a member of the Affected Unsecured Creditors Class,
which vote shall have a value equal to the principal owing under the Notes owned by
such Beneficial Noteholder as at the Voting Record Date.
Each Affected Unsecured Creditor with a Voting Claim against the applicable
Applicant shall be entitled to one vote as a member of the Affected Unsecured Creditors
Class, which vote shall have a value equal to the dollar value of such Affected
Unsecured Creditor's Voting Claim.
See "Information Concerning the Meetings – Entitlement to Vote".
Appointment of
Proxyholders and
Voting
In Person. Any Affected Unsecured Creditor (including a Beneficial Noteholder) that is
entitled to vote at one or more Meetings and that wishes to vote at one or more
Meetings in person must: (i) duly complete and sign an Affected Unsecured Creditors'
Proxy or a Noteholders' Proxy, as applicable; (ii) identify itself in the Affected
- 28 -
Unsecured Creditors' Proxy or a Noteholder's Proxy, as applicable, as the Person with
the power to attend and vote at the applicable Meeting(s) on behalf of such Affected
Unsecured Creditor or Beneficial Noteholder, as the case may be; and (iii) deliver such
Affected Unsecured Creditors' Proxy or Noteholders' Proxy, as the case may be, to the
Monitor so that it is received on or before 3:00 p.m. on the last Business Day before the
date of the Meetings (or any adjournment thereof).
By Proxy. Any Affected Unsecured Creditor (including a Beneficial Noteholder) that is
entitled to vote at one or more Meetings and that wishes to appoint a nominee to vote on
its behalf at the Meetings must: (i) duly complete and sign an Affected Unsecured
Creditors' Proxy or a Noteholders' Proxy, as applicable; (ii) identify its desired
nominee in the Affected Unsecured Creditors' Proxy or Noteholders' Proxy, as
applicable, as the Person with the power to attend and vote at the applicable Meeting(s)
on behalf of such Affected Unsecured Creditor; and (iii) deliver such Affected
Unsecured Creditors' Proxy or Noteholders' Proxy, as the case may be, to the Monitor
so that it is received on or before 3:00 p.m. on the last Business Day before the date of
the Meetings (or any adjournment thereof).
Delivery of an Affected Unsecured Creditors' Proxy or Noteholders' Proxy to the
Monitor must be made in accordance with the instructions accompanying such
Affected Unsecured Creditors' Proxy or Noteholders' Proxy.
See "Information Concerning the Meetings – Appointment of Proxyholders and Voting".
See "Information Concerning the Meetings – Advice to Beneficial Noteholders" for
important information for Noteholders in respect of voting at the Meetings.
Classification and
Voting
The Plan provides for five classes of Affected Unsecured Claims for the purpose of
considering and voting on the Plan:
Affected Unsecured
Creditors Class
Affected Unsecured Claims
LPR Canada Class .................................
Affected Unsecured Claims against LPR Canada
LPR Holdings Class ..............................
Affected Unsecured Claims against LPR Holdings
LPRI Class ............................................
Affected Unsecured Claims against LPRI
Wiser Oil Class .....................................
Affected Unsecured Claims against Wiser Oil
Wiser Delaware Class ...........................
Affected Unsecured Claims against Wiser Delaware
If an Applicant is excluded from the Plan, the Affected Unsecured Claims against such
Applicant and the corresponding Affected Unsecured Creditors Class set out above will
be removed from the Plan and such Affected Unsecured Claims will no longer be
Affected Unsecured Claims and shall be deemed to be Unaffected Claims for purposes
of the Plan, and a Creditor will have no right to vote on or receive distributions under
the Plan in respect of such removed Claim.
For certainty, Noteholders shall be permitted to vote and to receive distributions under
the Plan in respect of each Affected Unsecured Creditors Class as the Notes were either
issued or guaranteed by each of the Applicants. For certainty, Equity Claimants shall
not be entitled to vote on the Plan at any of the Meetings or to receive any distributions
under the Plan.
See "Information Concerning the Meetings – Classification of Affected Unsecured
Claims".
Claims Process
On October 9, 2013, the Claims Procedure Order was issued authorizing the Lone Pine
Group to conduct a process of calling for and determining the claims of the Affected
Unsecured Creditors. Under the terms of the Claims Procedure Order, as amended
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under further Order of the Court, November 27, 2013 was the Claims Bar Date for
Affected Unsecured Creditors filing claims for voting purposes or distribution purposes.
See "Information Concerning the Meetings – Claims Procedure Order".
Treatment of Certain
Parties
Generally, the Plan provides for treatment of claims as follows:
Cash Pool Creditors:
(a)
each Cash Pool Creditor, will receive an amount from the Cash Pool
equal to the lesser of (i) the amount of its Allowed Affected
Unsecured Claim (as such amount may have been reduced by the
Cash Election of such Cash Pool Creditor), and (ii) its Cash Pool
Creditor's Pro-Rata Share of the Cash Pool; provided that despite any
other provisions of the Plan the total amount payable to all Cash Pool
Creditors under the Plan shall not exceed the Distributable Amount;
(b)
any Cash Pool Creditor who receives a distribution in accordance
with the Plan shall not be entitled to any other payment or
consideration with respect to its Allowed Affected Unsecured Claim;
and
Affected Unsecured Creditors (other than Cash Pool Creditors):
(c)
each other Affected Unsecured Creditor (other than Cash Pool
Creditors) with an Allowed Affected Unsecured Claim will receive in
consideration for its Affected Unsecured Claims:
(i)
its Affected Unsecured Creditor's Pro-Rata Share of the
Agreed Number of LPRC Class A Voting Common Shares;
(ii)
one LPRI Class A Voting Common Share for each LPRC
Class A Voting Common Share issued pursuant to (i)
immediately above; and
(iii)
if such Affected Unsecured Creditor is a Backstopper, its
Backstopper's Pro-Rata Share of the Backstop Amount.
All Affected Unsecured Claims shall be fully, finally, irrevocably and forever
compromised, settled, released, discharged, extinguished, cancelled and barred on the
Plan Implementation Date.
Each Affected Unsecured Creditor that is a Qualifying Unsecured Creditor will also
have the right, but not the obligation, to participate in the New Investment up to a
maximum of such Affected Unsecured Creditor's Pro Rata Share of the New
Investment.
If a significant number of Affected Unsecured Creditors elect, by providing a Cash
Election to the Monitor before the Cash Election Deadline, to reduce their Affected
Unsecured Claims to the Cash Pool Cap, the Cash Pool will be distributed on a pro rata
basis among all such electing Cash Pool Creditors, which may result in Cash Pool
Creditors receiving less than expected under the Cash Pool Cap.
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Equity Claims
On the Plan Implementation Date, in accordance with the steps and sequence set forth
in the Plan, all Equity Interests and all Equity Claims shall be fully, finally, irrevocably
and forever compromised, settled, released, discharged, extinguished, cancelled and
barred. Equity Claimants shall not receive any consideration or distributions under the
Plan or otherwise recover anything in respect of their Equity Claims or Equity Interests,
and shall not be entitled to vote on the Plan at the Meetings in respect of their Equity
Claims.
Unaffected Claims
The Plan does not affect the Unaffected Creditors, who will not receive any
consideration or distributions under the Plan in respect of their Unaffected Claims
(except to the extent their Unaffected Claims are paid in full on the Plan
Implementation Date), and shall not be entitled to vote on the Plan at the Meetings in
respect of their Unaffected Claims.
See "Details of the Recapitalization – Treatment of Certain Parties Pursuant to the
Plan".
Required Approvals
and Other
In accordance with creditor approval requirements under the CCAA, subject to Section
10.4 of the Plan, the Approval Resolution must be approved at each Meeting by the
affirmative vote of the Required Majority of Affected Unsecured Creditors entitled to
vote at the Meeting, being a majority in number representing at least two-thirds in value
of the Voting Claims of all such Affected Unsecured Creditors who are entitled to vote
at the Meeting in accordance with the Meeting Order and who are present and voting in
person or by proxy on the Approval Resolution at the Meeting.
If the Approval Resolution is passed by the Required Majorities, then the Lone Pine
Group will apply to the Court for the Sanction Order. The Sanction Hearing is
scheduled to take place at the Calgary Courts Centre, 601 – 5th Street S.W., Calgary,
Alberta, Canada commencing on January 9, 2014 at 10:00 a.m. (Calgary time), or so
soon thereafter as counsel may be heard. If the date of the Sanction Hearing is
postponed, adjourned or otherwise rescheduled, the Lone Pine Group will provide
notice of the new date by issuing a news release.
If the Court grants the Sanction Order following the Sanction Hearing, the Lone Pine
Group intends to apply to the U.S. Court as soon as practicable thereafter for the
Sanction Recognition Order pursuant to the U.S. Proceedings.
See "Required Approvals and Other Conditions Precedent to Implementation".
Conditions Precedent to
Implementation
Implementation of the Plan is conditional upon satisfaction or waiver of, among others,
the following conditions prior to or at the Effective Time, each of which is for the
benefit of the Applicants and the Initial Consenting Noteholders, collectively, and may
be waived only by the Applicants and the Majority Initial Consenting Noteholders,
collectively:
(a)
the Plan shall have been approved by the Required Majorities and the
Court, in each case in a form consistent with the Support Agreement
or otherwise acceptable to the Applicants and the Majority Initial
Consenting Noteholders;
(b)
the Sanction Order: (i) shall have been made prior to January 17, 2014
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(or such later date as the Applicants, the Agent and the Majority
Initial Consenting Noteholders may agree); (ii) shall be in a form
consistent with the Plan and the Support Agreement or otherwise
acceptable to the Applicants and the Majority Initial Consenting
Notheolders; and (iii) shall have become a Final Order;
(c)
the Sanction Recognition Order: (i) shall have been made prior to
January 31, 2014 (or such later date as the Applicants, the Agent and
the Majority Initial Consenting Noteholders may agree); (ii) shall be
in a form consistent with the Sanction Order, the Plan and the Support
Agreement and otherwise acceptable to the Applicants and the
Majority Initial Consenting Noteholders; and (iii) shall have become a
Final Order;
(d)
all conditions set out in the Support Agreement and the Backstop
Agreement shall have been satisfied or waived by the applicable
parties pursuant to the terms of the Support Agreement and the
Backstop Agreement, as applicable;
(e)
the Support Agreement shall not have been terminated in accordance
with its terms;
(f)
the Backstop Agreement shall not have been terminated in accordance
with its terms;
(g)
the number and terms of the New Shares to be issued pursuant to the
Plan shall be acceptable to the Applicants, the Monitor and the
Majority Initial Consenting Noteholders;
(h)
the composition of the Post-Implementation Boards shall be
consistent with the Support Agreement and acceptable to the
Applicants and the Majority Initial Consenting Noteholders;
(i)
the transaction steps required to complete and implement the Plan
shall be in form and in substance satisfactory to the Applicants and
Majority Initial Consenting Noteholders;
(j)
the Plan Implementation Date shall have occurred no later than
February 15, 2014 (or such later date as the Applicants, the Agent and
the Majority Initial Consenting Noteholders may agree);
(k)
the Applicants shall have made arrangements for the payment in full
of all amounts owing by the Applicants pursuant to or in respect of
the Current Credit Facility and the Current Credit Agreement and the
discharge of the Current Bank Security on implementation of the
Plan;
(l)
LPRC shall have obtained the New Credit Facility on terms
acceptable to the Applicants and the Majority Initial Consenting
Noteholders; and
(m)
there shall not have occurred after the Filing Date a Material Adverse
Change (as that term is defined in the Support Agreement).
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The foregoing is a brief summary of certain of the conditions precedent to the
implementation of the Plan. A comprehensive list of conditions precedent is set forth in
Section 9.1 of the Plan and described below under "Required Approvals and Other
Conditions Precedent to Implementation".
Backstop Commitment
In connection with entering into the Support Agreement, the Lone Pine Group and the
Backstoppers entered into the Backstop Agreement pursuant to which the Backstoppers
agreed, among other things, to ensure completion of the New Investment by purchasing
all LPRC Preferred Shares (and LPRI Multiple Voting Common Shares) that are not
purchased by other Affected Unsecured Creditors eligible to participate in the New
Investment. As additional consideration for the settlement of their Affected Unsecured
Claims under the Debt Exchange, any Backstopper (other than a Defaulting
Backstopper) will receive its Backstopper's Pro Rata Share of the Backstop Amount,
which is equal to 4% of the New Investment Amount.
Other Affected Unsecured Creditors that are Qualifying Unsecured Creditors may
become Backstoppers by returning a duly executed Backstop Joinder and Support
Joinder to the Applicants, the Monitor and Goodmans prior to the Backstop Deadline, in
accordance with the requirements set forth in the Meeting Order and the Backstop
Agreement.
Pursuant to the Backstop Agreement, the Lone Pine Group agreed to pay to the Initial
Backstoppers (being those Backstoppers that entered into the Backstop Agreement on
September 24, 2013) a break fee of US$2,000,000 if it enters into an agreement with
respect to an Other Transaction, which amount would be payable to the Initial
Backstoppers on a pro rata basis based on the principal amount of their Notes.
See "Backstop Agreement".
Timing of Plan
Implementation
It is anticipated that the Plan will be implemented in accordance with the following
timetable:
January 6, 2014 ..................................................Meetings
No later than January 10, 2014 ...........................Sanction Order
No later than January 31, 2014 ...........................Sanction Recognition Order
No later than January 31, 2014 ...........................Implementation of the Plan
Recommendations of
the Board of Directors
For the reasons set out in "Recommendation of the Board of Directors", the Board of
Directors recommends that Affected Unsecured Creditors vote for the Approval
Resolution to approve the Plan.
Noteholder Support
As at the date of this Circular, Consenting Creditors holding approximately 75% of the
outstanding principal amount of the Notes have agreed to vote in favour of and to
support the Recapitalization and the Plan, in accordance with the terms and conditions
of the Support Agreement. See "Support Agreement".
Tax Considerations
Certain Canadian federal income tax considerations relating to the Plan are described in
"Income Tax Considerations – Certain Canadian Federal Income Tax Considerations".
Certain U.S. federal income tax considerations relating to the Plan are described in
"Income Tax Considerations – Certain U.S. Federal Income Tax Considerations". No
representations are made with respect to the income tax consequences to any particular
Affected Unsecured Creditor. Affected Unsecured Creditors should consult their own
- 33 -
tax advisors with respect to their individual circumstances.
Risk Factors
Affected Unsecured Creditors should carefully consider certain risk factors relating,
among other things, to the non-implementation of the Plan, the Plan and its
implementation, the LPRC Preferred Shares, the Lone Pine Group's business and risks
associated with holding New Shares. These risks and uncertainties are intended to
highlight risks and uncertainties that are specific to the Long Pine Group, but are not the
only risks and uncertainties that the Lone Pine Group may face.
Affected Unsecured Creditors are urged to carefully review the risk factors set forth in
LPRI's annual report on Form 10-K for the year ended December 31, 2012, in LPRI's
quarterly reports on Form 10-Q for the quarters ended March 31, 2013, June 30, 2013
and September 30, 2013, respectively, and in LPRI's current reports on Form 8-K since
January 1, 2013, each of which is incorporated by reference in this Circular and has
been filed with the SEC and with Canadian securities regulatory authorities and is
available electronically on EDGAR and SEDAR.
See "Risk Factors".
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INFORMATION CONCERNING THE MEETINGS
General
This Circular is furnished in connection with the Meetings of Affected Unsecured Creditors of the Lone Pine Group
to be held to consider and, if thought fit, approve a resolution approving a proposed plan of compromise and
arrangement under the Companies' Creditors Arrangement Act (Canada), and the solicitation of proxies by and on
behalf of the Lone Pine Group for use at the Meetings.
The Plan, if approved by the Affected Unsecured Creditors at the Meeting and thereafter by the Court pursuant to
the Sanction Order, and if implemented in accordance with its terms, will effect a capital reorganization of the Lone
Pine Group and generally provides, among other things, for the following:
(a)
Debt Exchange – the exchange of all Notes and other Affected Unsecured Claims in consideration
for new common equity in the Restructured Group in the form of voting common shares of LPR
Canada (being LPRC Class A Voting Common Shares), together with concurrently issued voting
common shares of LPRI (being LPRI Class A Voting Common Shares) and, if applicable, any
Backstopper's Pro-Rata Share of the Backstop Amount, except for Affected Unsecured Claims of
Cash Pool Creditors, as noted below;
(b)
New Investment – an offering to Qualifying Unsecured Creditors of an amount between a
minimum of US$100,000,000 and a maximum of US$110,000,000 in new preferred equity in the
Restructured Group in the form of new redeemable preferred shares of LPR Canada (being LPRC
Preferred Shares), together with concurrently issued multiple voting shares of LPRI (being LPRI
Multiple Voting Common Shares), pursuant to which such Qualifying Unsecured Creditors may,
at their election, invest additional capital and purchase their pro rata share of the New Investment;
(c)
Backstop Commitment – the issuance of all such LPRC Preferred Shares and concurrently issued
LPRI Multiple Voting Common Shares pursuant to the Backstop Commitment, so as to ensure that
the Restructured Group realizes the full New Investment Amount;
(d)
Repayment of Credit Facility – the repayment in full of secured bank debt with proceeds from the
New Investment and borrowings under the New Credit Facility;
(e)
Cancellation of Existing Parent Shares, Equity Interests and Equity Claims – the cancellation of
all Existing Parent Shares, Equity Interests and Equity Claims for no consideration, which in the
context of the Creditor Protection Proceedings is a necessary consequence of the Lone Pine
Group's inability to pay the priority claims of Affected Unsecured Creditors in full and in
compliance with the terms of the CCAA; and
(f)
Cash Pool Creditors – the payment in cash of Affected Unsecured Claims of Cash Pool Creditors
that are, or that the holder thereof elects to reduce to, $10,000 or less, subject to an aggregate
maximum Distributable Amount limit of $700,000 for all such claims and prorating in the event
that such Affected Unsecured Claims exceed the maximum Distributable Amount.
The foregoing description is generalized and is qualified in its entirety by reference to the specific provisions of the
Plan, which among other things specifies the particular Recapitalization steps and their sequence. See "Details of
the Recapitalization − Plan Implementation Date Transactions" below.
Meeting Order
The Meetings will be held and conducted in accordance with the Meeting Order and any further Order,
notwithstanding the provisions of any other agreement or instrument, including any provision of the Note Indenture.
- 35 -
Time and Place of Meetings
The Meetings are scheduled to be held beginning at 10:00 a.m. (Calgary time) on January 6, 2014 at the offices of
Bennett Jones LLP, 4500 Bankers Hall East, 855 - 2nd Street S.W., Calgary, Alberta.
Procedure for the Meetings
Pursuant to the Meeting Order, the Meetings have been called for the purpose of having Affected Unsecured
Creditors with Affected Unsecured Claims consider and, if deemed advisable, adopt, with or without variation, the
Approval Resolution to approve the Plan.
A representative of the Monitor will act as the Chair of the Meetings and, subject to the Meeting Order or any
further Order, will decide all matters relating to the conduct of each of the Meetings.
The quorum required at each Meeting will be one Affected Unsecured Creditor with a Voting Claim against the
applicable Applicant present at the Meeting (in person or by proxy).
The only Persons entitled to attend and speak at a Meeting are: (i) the Affected Unsecured Creditors entitled to vote
at that Meeting (or, if applicable, any Person holding a valid Affected Unsecured Creditors' Proxy or Noteholders'
Proxy on behalf of one or more such Affected Unsecured Creditors) and any such Affected Unsecured Creditor's or
valid proxyholder's legal counsel and financial advisors; (ii) the Chair, the Scrutineer and the Secretary; (iii) one or
more representatives of the Monitor and the Monitor's legal counsel; (iv) one or more representatives of the current
board of directors and/or senior management of the Applicants, as selected by the Applicants, and the Applicants'
legal counsel and financial advisors; (v) counsel to the Directors and Officers of any of the Applicants; (vi) one or
more representatives of the Initial Consenting Noteholders and the Initial Consenting Noteholders' legal counsel;
(vii) one or more representatives of the Syndicate and the Syndicate's legal counsel and financial advisor; and (viii)
the Note Indenture Trustee and its legal counsel. Any other person may be admitted to a Meeting on invitation of
the Applicants, in consultation with the Monitor.
Subject to Section 10.4 of the Plan, the Plan must receive an affirmative vote of the Required Majorities in order to
be approved by the Affected Unsecured Creditors.
For the purpose of calculating the two-thirds majority in value of Voting Claims at each Meeting, the aggregate
amount of Voting Claims held by all Affected Unsecured Creditors that vote in favour of the Plan (in person or by
proxy) at the Meeting shall be divided by the aggregate amount of all Voting Claims held by all Affected Unsecured
Creditors that vote on the Plan (in person or by proxy) at the Meeting. For the purpose of calculating a majority in
number of Affected Unsecured Creditors voting on the Plan at each Meeting, (i) each Affected Unsecured Creditor,
other than a Noteholder, that votes on the Plan (in person or by proxy) at the Meeting shall only be counted once,
without duplication; and (ii) each individual Beneficial Noteholder that votes on the Plan (in person or by proxy) at
the Meeting shall only be counted once, without duplication, even if that Beneficial Noteholder holds Notes through
more than one Registered Noteholder or Participant Holder.
Classification of Affected Unsecured Claims
In accordance with the Meeting Order, for the purpose of voting on the Plan, the Affected Unsecured Claims are
divided into classes as set out below:
Affected Unsecured Creditors Class
Affected Unsecured Claims
LPR Canada Class .............................................. Affected Unsecured Claims against LPR Canada
LPR Holdings Class............................................ Affected Unsecured Claims against LPR Holdings
LPRI Class .......................................................... Affected Unsecured Claims against LPRI
Wiser Oil Class ................................................... Affected Unsecured Claims against Wiser Oil
Wiser Delaware Class ......................................... Affected Unsecured Claims against Wiser Delaware
- 36 -
If an Applicant is excluded from the Plan, the Affected Unsecured Claims against such Applicant and the
corresponding Affected Unsecured Creditors Class set out above will be removed from the Plan and such Affected
Unsecured Claims will no longer be Affected Unsecured Claims and shall be deemed to be Unaffected Claims for
purposes of the Plan, and a Creditor will have no right to vote on or receive distributions under the Plan in respect of
such removed Claim.
For certainty, Noteholders shall be permitted to vote and to receive distributions under the Plan in respect of each
Affected Unsecured Creditors Class as the Notes were either issued or guaranteed by each of the Applicants. For
certainty, Equity Claimants shall not be entitled to vote on the Plan or to receive any distributions under the Plan.
Entitlement to Vote
Subject to paragraph 45 of the Meeting Order, the only Persons entitled to vote at the Meetings (whether in person
or by proxy) are Affected Unsecured Creditors (including Beneficial Noteholders) with Voting Claims against the
applicable Applicant as at the Voting Record Date (which, for greater certainty, includes any transferee of an
Affected Unsecured Claim that is a Voting Claim, provided that such transferee has been recognized as an Affected
Unsecured Creditor in respect of such transferred Affected Unsecured Claim in accordance with the Meeting Order),
or any such Affected Unsecured Creditor's validly appointed holder of its Affected Unsecured Creditors' Proxy.
Given that each Applicant is either an issuer or a guarantor of the Note Obligations, a vote submitted by a Beneficial
Noteholder shall be counted as a vote cast at each Meeting in respect of each Applicant.
Subject to paragraph 45 of the Meeting Order, only Affected Unsecured Creditors with Voting Claims against the
applicable Applicant as at the Voting Record Date will be eligible to attend the applicable Meeting and vote on a
resolution to approve the Plan. Holders of Notes cannot vote in person and must instead provide a proxy to the
Monitor in accordance with the Meeting Order. The votes of Affected Unsecured Creditors holding Unresolved
Claims will be separately tabulated and Unresolved Claims will not be counted unless, until and only to the extent
that such Unresolved Claim is finally determined to be a Voting Claim. A holder of an Unaffected Claim shall not
be entitled to attend or vote at the Meetings in respect of such Unaffected Claim. A holder of an Equity Claim shall
not be entitled to attend or vote at the Meetings in respect of such Equity Claim.
Beneficial Noteholders
Each Beneficial Noteholder that has a Voting Claim against the applicable Applicant shall be entitled to one vote as
a member of the Affected Unsecured Creditors Class, which vote shall have a value equal to the principal owing
under the Notes owned by such Beneficial Noteholder as at the Voting Record Date. For greater certainty, with
respect to voting by Beneficial Noteholders, only the Beneficial Noteholders, and not Registered Noteholders or
Participant Holders (unless any such Registered Noteholder or Participant Noteholder is itself a Beneficial
Noteholder), shall be entitled to vote on the Plan as provided for in the Meeting Order.
Affected Unsecured Creditors
Each Affected Unsecured Creditor that has a Voting Claim against the applicable Applicant shall be entitled to one
vote as a member of the Affected Unsecured Creditors Class, which vote shall have a value equal to the dollar value
of such Affected Unsecured Creditor's Voting Claim.
Subject to any restrictions contained in Applicable Laws, an Affected Unsecured Creditor may transfer or assign the
whole of its Affected Unsecured Claim prior to the Meetings (or any adjournment thereof), provided that neither the
Applicants nor the Monitor shall be obliged to deal with any transferee or assignee thereof as an Affected Unsecured
Creditor in respect of such Affected Unsecured Claim, including allowing such transferee or assignee to attend or
vote at the Meetings, unless and until actual notice of the transfer or assignment, together with satisfactory evidence
of such transfer or assignment, has been received and acknowledged by the Lone Pine Group and the Monitor,
which receipt and acknowledgment must have occurred on or before 3:00 p.m. (Calgary time) on the date that is the
last Business Day prior to the date of the Meetings (or any adjournment thereof), failing which the original
- 37 -
transferor shall have all applicable rights as the 'Affected Unsecured Creditor' with respect to such Affected
Unsecured Claim as if no transfer of the Affected Unsecured Claim had occurred.
If such receipt and acknowledgment by the Applicants and the Monitor has occurred on or before 3:00 p.m. (Calgary
time) on the date that is the last Business Day prior to the date of the Meetings (or any adjournment thereof): (i) the
transferor of the applicable Affected Unsecured Claim shall no longer constitute an Affected Unsecured Creditor in
respect of such Affected Unsecured Claim; and (ii) the transferee or assignee of the applicable Affected Unsecured
Claim shall, for all purposes in accordance with the Meeting Order, constitute an Affected Unsecured Creditor in
respect of such Affected Unsecured Claim and shall be bound by any and all notices previously given to the
transferor or assignor in respect thereof and shall be bound by any Affected Unsecured Creditors' Proxy duly
submitted to the Monitor in accordance with the Meeting Order. For greater certainty, the Applicants and the
Monitor shall not recognize partial transfers or assignments of Affected Unsecured Claims.
Cash Pool Creditors
Each Cash Pool Creditor shall be deemed to vote in favour of the Plan to the full extent of its Allowed Affected
Unsecured Claim and shall not be entitled to attend or vote at the Meetings, whether in person or by proxy, unless
such Cash Pool Creditor: (i) has not returned a Cash Election Form in accordance with the Meeting Order; and (ii)
delivers an Affected Unsecured Creditors' Proxy to the Monitor so that it is received on or before 3:00 p.m. (Calgary
time) on the last Business Day before the date of the Meetings (or any adjournment thereof) in accordance with the
instructions accompanying such Affected Unsecured Creditors' Proxy.
Solicitation of Proxies
Solicitation of proxies will be primarily by mail and the costs of such solicitation will be borne by the Lone Pine
Group as a cost of the CCAA Proceeding.
Appointment of Proxyholders and Voting
In Person
Any Affected Unsecured Creditor (including a Beneficial Noteholder) that is entitled to vote at one or more
Meetings and that wishes to vote at one or more Meetings in person must: (i) duly complete and sign an Affected
Unsecured Creditors' Proxy or a Noteholders' Proxy, as applicable; (ii) identify itself in the Affected Unsecured
Creditors' Proxy or a Noteholders' Proxy, as applicable, as the Person with the power to attend and vote at the
applicable Meeting(s) on behalf of such Affected Unsecured Creditor or Beneficial Noteholder, as the case may be;
and (iii) deliver such Affected Unsecured Creditors' Proxy or Noteholders' Proxy, as the case may be, to the Monitor
so that it is received on or before 3:00 p.m. on the last Business Day before the date of the Meetings (or any
adjournment thereof), and such delivery must be made in accordance with the instructions accompanying such
Affected Unsecured Creditors' Proxy or Noteholders' Proxy.
By Proxy
Any Affected Unsecured Creditor (including a Beneficial Noteholder) that is entitled to vote at one or more
Meetings and that wishes to appoint a nominee to vote on its behalf at one or more Meetings must: (i) duly complete
and sign an Affected Unsecured Creditors' Proxy or a Noteholders' Proxy, as applicable; (ii) identify its desired
nominee in the Affected Unsecured Creditors' Proxy or Noteholders' Proxy, as applicable, as the Person with the
power to attend and vote at the applicable Meeting(s) on behalf of such Affected Unsecured Creditor; and (iii)
deliver such Affected Unsecured Creditors' Proxy or Noteholders' Proxy, as the case may be, to the Monitor so that
it is received on or before 3:00 p.m. on the last Business Day before the date of the Meetings (or any adjournment
thereof), and such delivery must be made in accordance with the instructions accompanying such Affected
Unsecured Creditors' Proxy or Noteholders' Proxy.
In order to be effective, any Noteholders' Proxy must clearly state the name and contain the signature of the
applicable Participant Holder, the applicable account number or numbers of the account or accounts maintained by
- 38 -
the applicable Beneficial Noteholder with such Participant Holder, and the principal amount of Notes that such
Beneficial Noteholder holds in each such account or accounts. Where a Beneficial Noteholder holds Notes through
more than one Participant Holder, its Noteholders' Proxy is required to be executed by only one of those Participant
Holders, provided that the Beneficial Noteholder shall provide the information required in its Noteholders' Proxy
with respect to its Notes held with all Participant Holders to allow the Monitor to verify the aggregate amount of
Notes held by such Beneficial Noteholder for the purposes of voting on the Plan.
Notwithstanding any minor error or omission in any Affected Unsecured Creditors' Proxy or Noteholders' Proxy that
is submitted to the Monitor, the Chair shall have the discretion to accept for voting purposes any Affected
Unsecured Creditors' Proxy or Noteholders' Proxy submitted to the Monitor in accordance with the Meeting Order.
Revocation of Proxies
In addition to any other manner permitted by law, an Affected Unsecured Creditor may revoke a proxy by
depositing a valid proxy bearing or deemed to bear a later date.
Advice to Beneficial Holders
The information set forth in this section is of significant importance to Beneficial Noteholders. The Notes are
registered under the name of DTC, which acts as nominee for many U.S. brokerage firms. As such, Beneficial
Noteholders do not hold Notes registered in their own name, but rather, hold Notes that are held in the name of a
Participant Holder, such as an investment dealer, broker, bank, trust company, trustee, custodian or other nominee,
or a clearing agency in which the Participant Holder participates.
The Meeting Order requires each Participant Holder, within five Business Days of such Participant Holder's receipt
of the Noteholder meeting materials from the Monitor pursuant to the Meeting Order, to: (i) complete and sign the
applicable section of the Noteholders' Proxy relating to Participant Holders for each Unregistered Noteholder that
has an account (directly or through an agent or custodian) with such Participant Holder; and (ii) deliver by courier or
personal delivery to each such Unregistered Noteholder the Noteholders' Proxy as so completed and signed together
with one copy of the Noteholder meeting materials. Each Participant Holder shall take any other action reasonably
required to enable any Unregistered Noteholder that has an account (directly or through an agent or custodian) with
such Participant Holder to provide a Noteholders' Proxy to the Monitor with respect to the Notes owned by or held
for the benefit of such Unregistered Noteholder.
However, the Meeting Order provides that where: (i) a Participant Holder or its agent has a standard practice for
distribution of meeting materials to Unregistered Noteholders and for the gathering of information and proxies or
voting instructions from Unregistered Noteholders; (ii) the Participant Holder has discussed such standard practice
in advance with the Lone Pine Group, the Monitor and counsel to the Initial Consenting Noteholders; and (iii) such
standard practice is acceptable to the Lone Pine Group, the Monitor and counsel to the Initial Consenting
Noteholders, such Participant Holder or its agent may, in lieu of following the procedure set out above, follow such
standard practice provided that all applicable proxies or voting instructions are received by the Monitor no later than
3:00 p.m. on the last Business Day before the Meetings.
Each Beneficial Noteholder should contact his, her, or its broker or other nominee and carefully follow the
voting instructions provided by such broker or nominee.
Plan Supplements
The Meeting Order provides that the Applicants shall serve and file the Plan Supplement, and the Monitor shall post
the Plan Supplement on the Website, no later than ten (10) days prior to the Meetings. Thereafter, the Applicants
may, at any time and from time to time prior to or at the Meetings, or in advance of the Sanction Hearing, as the case
may be, amend, restate, modify and/or supplement the Plan Supplement, subject to the terms of the Plan, provided
that (i) the Monitor, the Applicants or the Chair shall communicate the details of any such amendments,
restatements, modifications and/or supplements made prior to or at the Meetings to Affected Unsecured Creditors
present at the Meetings prior to any vote being taken at the Meetings; (ii) the Applicants shall forthwith provide
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notice to the Service List of any such amendments, restatements, modifications and/or supplements and shall file a
copy thereof with the Court forthwith and in any event prior to the Meetings or the Sanction Hearing, as the case
may be; and (iii) the Monitor shall post an electronic copy of any such amendments, restatements, modifications
and/or supplements on the Website forthwith and in any event prior to the Meetings or the Sanction Hearing, as the
case may be.
Claims Procedure Order
The procedure for determining the validity and value of the Claims of Claimants for voting and distribution purposes
is set forth in the Claims Procedure Order (a copy of which is attached hereto as Schedule C), the Meeting Order (a
copy of which is attached hereto as Schedule B), the CCAA and the Plan (a copy of which is attached hereto as
Schedule D).
The Claims Procedure Order provides for, among other things: (a) a Claims Bar Date (or in the case of Claimants
asserting Restructuring Period Claims, a Restructuring Period Claims Bar Date) prior to which Claimants are
required to file their Proofs of Claim; (b) the procedures pursuant to which the validity and value of Claims are
quantified and determined for voting and distribution purposes, including the procedures by which any Claims that
were disputed would be adjudicated and resolved for voting and distribution purposes; and (c) the conversion of
Claims denominated in a foreign currency into Canadian dollars. Any Claims denominated in a foreign currency
shall be converted to Canadian dollars at the Bank of Canada's noon exchange rate in effect on the Filing Date.
Pursuant to the Claims Procedure Order, with the exception of the Agent, Syndicate and the Noteholders, any
Claimant that does not file its Proof of Claim before the Claims Bar Date or Restructuring Claims Bar Date will be
forever barred from making or enforcing any Claim against the Lone Pine Group, its Directors and Officers.
All Claimants should refer to the Claims Procedure Order and the Meeting Order for a complete description
of these procedures.
Entitlement to Receive Distributions
The validity and value of Claims will be determined for distribution purposes in accordance with the Claims
Procedure Order, the Meeting Order, the CCAA and the Plan. An Affected Unsecured Creditor holding a Disputed
Distribution Claim will not be entitled to receive a distribution under the Plan in respect of such Disputed
Distribution Claim or any portion thereof unless and until, and then only to the extent that, such Disputed
Distribution Claim becomes an Allowed Claim. If there is any dispute as to the principal amount or number of
Notes held by any Beneficial Noteholder and such dispute is not resolved by such Beneficial Noteholder and the
Monitor by the date of the Meeting (or any adjournment thereof), the Monitor shall tabulate the vote for or against
the Plan in respect of the disputed principal amount of such Beneficial Noteholder's Notes separately. If: (i) any
such dispute remains unresolved as of the date of the Sanction Hearing; and (ii) the approval or non-approval of the
Plan would be affected by the votes cast in respect of such disputed principal amount of Notes, then such result shall
be reported to the Court at the Sanction Hearing and, if necessary, the Monitor may make a request to the Court for
directions.
The Plan does not affect Unaffected Claims. Persons with Unaffected Claims will not be entitled to receive any
distributions under the Plan in respect of such claims. Unaffected Claims will be dealt with in accordance with the
Plan.
BACKGROUND TO THE RECAPITALIZATION
The Lone Pine Group is insolvent. It is unable to meet its debt and other obligations as they become due, and its
liabilities exceed the value of its assets. Accordingly, on September 25, 2013, the Applicants made an application to
the Court for, among other things, protection from its creditors under the CCAA so as to provide the Lone Pine
Group with the opportunity to develop and propose to its creditors a comprehensive restructuring plan and avoid a
forced sale or liquidation of its assets through bankruptcy, exercise of creditors' rights or receivership proceedings.
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The proposed Recapitalization pursuant to the Plan follows an extensive and thorough strategic review process
commenced by the Lone Pine Group in 2012 and arising from a need to improve its financial position. After over a
year of efforts to identify and develop transaction and refinancing alternatives and, ultimately, lengthy arm's length
negotiations with the Initial Consenting Noteholders, the Lone Pine Group entered into the Support Agreement and
the Backstop Agreement and determined that the proposed Plan should be pursued in accordance with the terms and
conditions of those agreements and applicable laws.
Events prior to the commencement of Creditor Protection Proceedings
In August 2012, the Lone Pine Group announced that, in light of declining commodity prices and persistent
widening of the differential between realized prices for Canadian crude oil and West Texas intermediate oil prices, it
had elected to reduce capital spending for the balance of 2012 and expected a reduction in the borrowing base under
the Current Credit Facility at the next scheduled redetermination date of November 1, 2012. Adjusting the capital
spending rate was, at the time, regarded as a first step towards improving the Lone Pine Group's financial strength
and flexibility. The Lone Pine Group also announced that it was considering other methods of debt reduction
including the divestiture of certain non-core assets, but cautioned that there could be no assurance regarding its
ability to identify or complete any such potential transaction.
As at August 9, 2012, the borrowing base under the Current Credit Facility was $375 million, with approximately
$240 million outstanding, in addition to the US$200 million aggregate principal amount of Notes then outstanding.
In connection with its consideration of alternatives to improve its financial position, LPRI engaged RBC on August
13, 2012 to assist in completing a review of the Lone Pine Group's asset portfolio to identify and evaluate potential
transaction alternatives to, among other things, reduce debt and improve liquidity. LPRI also engaged Scotia
Waterous on August 27, 2012 and its mandate was to market certain non-core assets of the Lone Pine Group.
The asset portfolio review process commenced in September 2012 and was initially focused on potential transaction
alternatives involving LPR Canada's two core assets, being Evi and Narraway/Ojay.
The Lone Pine Group, through RBC, conducted an extensive and thorough marketing process with respect to its Evi
and Narraway/Ojay assets. Targeting strategic and financial buyers in Canada, the United States, Asia and
elsewhere, 135 parties were contacted regarding interest in Evi and 43 parties were contacted regarding interest in
Narraway/Ojay. Confidentiality agreements were entered into with any interested parties who wanted to review the
Applicants' confidential data room, pursuant to which the Lone Pine Group shared confidential information with a
view to eliciting transaction proposals, and management presentations were given to all interested parties who
requested them. With respect to Evi, interested parties were advised that LPR Canada's preference was for a joint
venture transaction but that it was open to alternatives – including an outright disposition. Discussions with
potential counterparties continued through the end of 2012 and into 2013.
RBC solicited transaction proposals in December 2012 and January 2013. The process yielded five disparate
proposals, all of which were focused on Evi. After carefully considering the proposed transaction terms under each
and receiving the advice of management and RBC, the Board determined to further pursue one of the proposals,
which involved a potential joint venture at Evi (the "Evi JV Proposal"). Other proposals were not pursued because
they either did not align with LPRI's objectives or were determined to be unfinanceable by the counterparty and
were subsequently withdrawn. The counterparty that made the Evi JV Proposal is referred to hereinafter as the
"Potential JV Candidate".
The Lone Pine Group successfully completed approximately $101 million in non-core asset dispositions during the
second half of 2012, the proceeds of which were primarily directed towards repayment of the Syndicate debt under
the Current Credit Facility. These dispositions, together with continued weakness in the commodity price
environment, resulted in a reduction in the borrowing base under the Current Credit Facility to $275 million by
December 2012. As at December 17, 2012, after the non-core asset dispositions were completed, the borrowing
base under the Current Credit Facility was $275 million, against which approximately $155 million was outstanding
in addition to the US$200 million aggregate principal amount of Notes then outstanding.
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The Lone Pine Group's core asset review continued through the first quarter of 2013. Previous efforts to identify
and develop transaction opportunities in respect of core properties were supplemented with solicitations of interest
by RBC for a corporate acquisition to 21 parties in February, 2013. No expressions of interest were received for a
corporate acquisition.
During the first quarter of 2013, the Lone Pine Group engaged in active discussions with the Potential JV Candidate
with respect to the Evi JV Proposal, involving the sale of a 50% interest in its Evi asset. A confidential non-binding
letter of intent was signed between the parties in early March 2013. General concurrence between the Applicants
and the Potential JV Candidate was reached on a development plan for the Evi asset in April 2013, and the parties
and their respective legal advisors commenced preparation of definitive transaction documents and due diligence in
furtherance of continuing commercial discussions.
Liquidity and capital resource constraints remained a significant factor for the Applicants, and in March 2013 the
Lone Pine Group announced an interim 2013 capital budget that aimed to align its capital expenditure plan for the
first half of 2013 with expected cash flow from operations together with proceeds from further non-core asset
dispositions during that period.
In April 2013, the Syndicate completed its semi-annual review of the borrowing base under the Current Credit
Facility, reducing it further from $275 million to $185 million. To avoid a future financial covenant default under
the Current Credit Facility, the Applicants had to obtain the Syndicate's agreement to amend the financial covenant
under the Current Credit Facility. The Syndicate agreed to amend the Applicants' financial covenant to maintain
Total Debt / EBITDA of not more than 4.0 to 1.0, so as to allow a higher ratio of up to 4.5 to 1.0 for any period
ending on or before June 30, 2013, after which time the covenant would revert to the original permitted Total Debt /
EBITDA ratio of 4.0 to 1.0. The additional liquidity afforded by the financial covenant relaxation was expected to
provide the Lone Pine Group with sufficient near term liquidity temporarily to allow the Applicants to complete the
asset portfolio review process, which at the time included discussions with the Potential JV Candidate regarding the
Evi JV Proposal.
On May 9, 2013, the Lone Pine Group disclosed in its quarterly report that, absent an improvement in natural gas
prices, significant deleveraging from a strategic or equity capital markets transaction, reduced interest costs on its
debt through refinancing or significant reductions to its operating costs, it did not believe that it would be able to
comply with its financial covenants under the Current Credit Agreement through the end of 2013 and would
therefore require additional covenant relief or otherwise refinancing of the indebtedness outstanding under the
Current Credit Facility. Shortly thereafter, both Moody's and S&P downgraded LPR Canada and the outstanding
Notes, citing liquidity constraints and declining production and reserves.
In June 2013, the Lone Pine Group engaged another financial advisor to assist in its efforts to obtain a second lien
secured credit facility to refinance the Current Credit Facility. Initial feedback from prospective lenders was
somewhat positive but emphasized that a cost-effective refinancing would require a significant reduction in the
outstanding principal amount of the Notes because the overall leverage of the Lone Pine Group was viewed to be too
high.
Throughout this period from March 2012 through late June 2012, the Lone Pine Group also continued efforts to
advance the prospective Evi JV Proposal, including reaching an agreement in principle on a comprehensive, multiyear development plan for the Evi asset. However, in May 2013, the Potential JV Candidate began expressing
concern to the Applicants about its own lack of liquidity and ability to fund its share of the future development costs.
Then in late June 2013, the Potential JV Candidate indicated that it was no longer willing to proceed on the previous
terms set out in the non-binding letter of intent, and discussions ceased after agreement in principle could not be
reached on revised terms.
Contact with other potential transaction counterparties was also maintained following commencement of the sales
process in September 2012. No offers had been made in respect of Narraway/Ojay prior to the initial bid deadline of
December 2012, but in the second quarter of 2013 the Applicants received two expressions of interest in respect of
Narraway/Ojay. The Board decided not to pursue either of these offers because they did not, either individually or
in aggregate with the other transactions being considered, solve the Lone Pine Group's liquidity problems.
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Additionally, LPR Canada would have been selling its natural gas assets into what appeared to be the bottom of the
market at that time.
In connection with its refinancing efforts, the Lone Pine Group and its advisors initiated discussions in early July
2013 with one of the Initial Consenting Noteholders regarding a consensual exchange of the Notes for replacement
securities on terms that would improve the Lone Pine Group's financial position. These discussions continued
throughout the third quarter of 2013, with various proposals exchanged between the parties involving an exchange
of Notes, in whole or in part, for different debt securities, for convertible securities or for equity securities, or some
combination thereof.
In late July 2013, the Lone Pine Group required further covenant relief from the Syndicate, failing which it would
not have been in compliance with its Total Debt / EBITDA financial covenant under the Current Credit Facility for
the period ended June 30, 2013. The Syndicate agreed to further amend the covenant to allow for Total Debt /
EBITDA of up to 5.75 to 1.0 for any period on or before June 30, 2013, after which time it would revert to Total
Debt / EBITDA of 4.0 to 1.0 for all periods thereafter. The Lone Pine Group disclosed that it did not, however,
expect to meet the ratio for the next quarter ending September 30, 2013, and noted that such non-compliance could
lead to an event of default and acceleration of all outstanding debt due under both the Current Credit Facility and,
pursuant to the "cross-default" provisions thereof, the Note Indenture. The amendment also eliminated the grace
period within which the Lone Pine Group would be required to repay excess loan amounts in the event of a
borrowing base deficiency.
As at July 26, 2013, the Lone Pine Group's available liquidity under the Current Credit Facility was $5 million based
on $178 million in outstanding borrowings and $2 million in outstanding letters of credit against the borrowing base
of $185 million.
Through July and August, discussions and negotiations continued with various parties regarding a refinancing of the
Current Credit Facility, and with one of the Initial Consenting Noteholders regarding a consensual exchange of the
Notes for replacement securities on terms that would facilitate a refinancing of the Current Credit Facility. In
addition, follow-up expressions of interest were sought from potential transaction counterparties with respect to an
asset or corporate sale. The Board decided not to pursue these offers because they did not, either individually or in
aggregate with the other transactions being considered, solve the Lone Pine Group's liquidity problems.
Additionally, LPR Canada would have been selling its natural gas assets into what appeared to be the bottom of the
market at that time.
On August 15, 2013, LPR Canada did not make its semi-annual interest payment of approximately US$10.1 million
due that day in respect of the outstanding Notes. Under the terms of the Note Indenture, LPR Canada had 30 days to
cure its default and make the interest payment, failing which there would be an event of default under the Note
Indenture, entitling the Note Indenture Trustee or holders of at least 25% aggregate principal amount of Notes to
declare the Notes immediately due and payable, as well as a cross-default under the Current Credit Facility, entitling
the Syndicate to accelerate the outstanding bank debt.
The Lone Pine Group remained in active discussions with the Initial Consenting Noteholders during the 30-day cure
period regarding a restructuring or refinancing of the Notes and indebtedness under the Current Credit Facility.
Efforts to source new debt to refinance the existing bank debt and discussions with potential transaction
counterparties also continued. Ultimately, however, the refinancing efforts proved unsuccessful and the asset
valuation ascribed by the updated expressions of interest received in September 2013 was insufficient to provide a
path forward to improving the Lone Pine Group's financial position.
On September 11, 2013, the Lone Pine Group entered into a forbearance agreement pursuant to which the Syndicate
agreed to forbear from exercising rights or remedies against the Applicants or from realizing on their security until
the earlier of September 30, 2013 or the occurrence of an event of default within the meaning of the forbearance
agreement. The Lone Pine Group also received confirmation from counsel to the Initial Consenting Noteholders
that such holders had agreed to a "standstill" and to not provide any direction to the Note Indenture Trustee, on or
before September 30, 2013, to take any steps to enforce any rights of the Note Indenture Trustee or the holders of
Notes occasioned by the failure of LPR Canada to make the August 15, 2013 interest payment on the Notes.
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Lengthy arm's length negotiations between the Lone Pine Group and its advisors, on the one hand, and the Initial
Consenting Noteholders and their advisors, on the other, regarding the terms of the Recapitalization continued into
the forbearance and "standstill" period. Those negotiations concluded late in the evening on September 24, 2013,
whereupon the Applicants entered into the Support Agreement with the Initial Consenting Noteholders and the
Backstop Agreement with the Initial Backstoppers.
The following morning, on September 25, 2013, the Applicants commenced the Creditor Protection Proceedings in
the Court pursuant to the CCAA, and in the U.S. Court pursuant to Chapter 15 of the U.S. Bankruptcy Code. LPRI,
LPR Canada and all other subsidiaries of LPRI are parties to the Creditor Protection Proceedings.
Throughout the period from commencement of the asset portfolio review process in 2012 to commencement of the
Creditor Protection Proceedings on September 25, 2013, the Board of Directors met frequently, at regular intervals
and on an ad hoc basis, along with RBC, other financial advisors, legal advisors and management, to review and
discuss actions taken, responses received, the state of the asset portfolio review process generally, and broader
strategic considerations relevant to the Lone Pine Group and the continued development of its properties, including
associated capital requirements, as well as to receive advice from management and from financial and legal advisors
(including independent legal counsel to the Board of Directors), and to provide direction to management and such
advisors with respect to next steps.
Creditor Protection Proceedings
The Creditor Protection Proceedings were commenced to provide the Lone Pine Group with the opportunity to
develop and propose to its creditors a comprehensive restructuring pursuant to a plan of compromise and
arrangement under the CCAA in accordance with the terms and conditions of the Support Agreement, and avoid a
forced sale or liquidation of its assets through bankruptcy, exercise of creditors' rights or receivership proceedings.
The particulars of that restructuring are now provided for in the Plan, the implementation of which is subject to,
among other conditions precedent, the approval of Affected Unsecured Creditors at the Meetings and the Court
following the Sanction Hearing, which approvals are mandatory under the CCAA, as well as recognition of the
Sanction Order (if granted) by the U.S. Court in the U.S. Proceedings. Subject to the terms and conditions of the
Support Agreement, each of the Consenting Creditors has agreed to support the Plan and vote their Affected
Unsecured Claims under the Notes in favour of the Approval Resolution at the Meetings.
Although commencement of the Creditor Protection Proceedings constituted an event of default under the Note
Indenture (pursuant to which approximately US$207.4 million in principal amount and accrued but unpaid interest
was outstanding in respect of the Notes as of September 25, 2013) and the Current Credit Agreement (pursuant to
which approximately $180 million in principal amount and accrued but unpaid interest was outstanding in respect of
the Current Credit Facility as of September 25, 2013), as a result of which all obligations under the Note Indenture
and the Current Credit Agreement automatically accelerated and became immediately due and payable, the Initial
Order granted by the Court and the ancillary relief obtained from the U.S. Court in the U.S. Proceedings imposed a
general stay of proceedings against the Applicants, including most actions to collect indebtedness incurred prior to
Filing Date or to exercise control over property of a debtor. Accordingly, despite defaults under these instruments,
any efforts to enforce such payment obligations are stayed and creditors' rights of enforcement in respect thereof are
subject to the applicable provisions of the CCAA and the U.S. Bankruptcy Code. Absent an Order of the Court,
substantially all pre-filing liabilities are subject to compromise under a plan of compromise and arrangement.
In connection with the Initial Order, the Lone Pine Group received approval from the Court to pay or otherwise
honor certain pre-filing obligations generally designed to stabilize its operations, including payment to certain
critical suppliers and joint venture partners. The Lone Pine Group is paying, and intends to continue paying, claims
arising after the Filing Date in the ordinary course of business, and has retained, pursuant to the Initial Order, legal
and financial professionals to advise it in connection with the Creditor Protection Proceedings.
The Lone Pine Group has incurred and expects to continue to incur significant costs associated with the restructuring
and the Creditor Protection Proceedings. The amount of these expenses is expected to significantly affect the
Company's financial position and results of operations, but the Lone Pine Group cannot accurately predict the effect
the Creditor Protection Proceedings will have on its business at this time.
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Events Subsequent to the commencement of Creditor Protection Proceedings
Exchange Listings
Trading in the Existing Common Shares on the TSX was halted on September 25, 2013, and the Existing Common
Shares were subsequently delisted on October 31, 2013. Trading in the Existing Common Shares on the NYSE was
suspended on September 16, 2013, and the Existing Common Shares was subsequently removed from listing and
registration on the NYSE on October 22, 2013.
As a result of Lone Pine's financial position and the Creditor Protection Proceedings, its outstanding equity
securities have no value and will be cancelled on implementation of the Plan.
Claims Procedure Order
On October 9, 2013, the Court issued the Claims Procedure Order establishing a process to identify and quantify
claims of creditors of the Lone Pine Group in the CCAA Proceeding. A copy of the Claims Procedure Order is
attached as Schedule C to this Circular.
By further Orders dated November 8, 2013 and November 27, 2013, respectively, the Claims Bar Date was changed
to November 27, 2013, and the date by which the Applicants or the Monitor must send a notice of revision or
disallowance in respect of any revised or rejected claims, as applicable, was changed to December 13, 2013.
CCAA Extension Orders
On October 24, 2013, the Court granted an Order extending the stay of proceedings to November 13, 2013 or, if on
or prior to that date the Monitor filed a certificate certifying that the Monitor and the Syndicate so consent,
November 29, 2013. The Monitor's certificate was filed on November 12, 2013 and the stay was therefore extended
to November 29, 2013. On November 27, 2013, the Court granted a further Order extending the stay of proceedings
to January 10, 2014.
Financing during the Creditor Protection Proceedings
In connection with the Creditor Protection Proceedings and in order to provide liquidity during the Creditor
Protection Proceedings, on October 24, 2013, LPRI and LPR Canada entered into the DIP Agreement with respect
to a $10 million debtor-in-possession DIP Facility. Certain of the lenders under the Current Credit Facility are
lenders under the DIP Facility, and the Agent under the Current Credit Facility serves as administrative agent under
the DIP Facility.
Pursuant to the terms of the DIP Facility, (i) the DIP Lenders agreed to lend LPR Canada up to $10,000,000, which
loans will bear interest at the Canadian Prime Rate (as defined in the DIP Facility), plus 5.00%, (ii) LPRI and each
Restricted Subsidiary (as defined in the DIP Facility) agreed to guarantee LPR Canada's obligations thereunder, and
(iii) the Obligations (as defined in the DIP Facility) are and shall be at all times secured by the liens in all collateral
created by the DIP Charge (as defined in the DIP Facility) and all such liens shall be first priority liens subject only
to the Administration Charge (as defined in the DIP Facility). Proceeds of loans under the DIP Facility may be used
to provide for working capital, capital expenditures and other expenditures during the course of the CCAA
Proceeding, in accordance with the terms of the DIP Facility. The DIP Facility matures on March 25, 2014.
The DIP Facility contains customary negative covenants restricting certain of LPRI and LPR Canada's activities,
including restrictions on their ability to incur indebtedness, incur liens, consummate certain fundamental changes,
make investments, dispose of assets, enter into sale and lease transactions, enter into hedging agreements, make
restricted payments and enter into transactions with affiliates. Furthermore, the DIP Facility contains customary
events of default, which include a plan of compromise and arrangement not being sanctioned by the Court prior to
January 31, 2014 and certain other insolvency proceeding-related events of default.
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During the pendency of the Creditor Protection Proceedings, the Lone Pine Group is funding operations pursuant to
an Order permitting LPRI's use of cash balances, working capital and available borrowings under the DIP Facility.
As of December 10, 2013, no amount was outstanding under the DIP Facility.
Commitment Letter for New Credit Facility
On November 11, 2013, the Lone Pine Group entered into a commitment letter with a syndicate of lenders to
provide for the New Credit Facility to be effective upon completion of the proposed restructuring. Funding of the
New Credit Facility, which remains subject to the negotiation and execution of definitive documentation, is
conditional on, among other things, completion of the proposed restructuring. It is estimated that the available
borrowing base of the New Credit Facility will be $130 million at the time of closing. As part of the proposed
restructuring, the Lone Pine Group expects that proceeds from the New Investment, together with a portion of the
borrowings available under the New Credit Facility, will be used to repay all secured indebtedness under the Lone
Pine Group's Current Credit Facility.
The commitment letter and the term sheet attached to the commitment letter established a commitment to provide
LPRC or a successor thereto pursuant to the Recapitalization with credit facilities in the amount of the lower of the
Borrowing Base (as defined in the term sheet) and Cdn$130 million comprised of: (a) a Cdn$70 million term credit
facility provided in full by Morgan Stanley and (b) a Cdn$60 million revolving credit facility provided equally by
Alberta Treasury Branches and Societe Generale, up to Cdn$10 million of which may be provided by Alberta
Treasury Branches as an operating facility. The Borrowing Base will represent the loan value of proved reserves
attributable to LPRC's and any of its subsidiaries' oil and gas properties located in Canada, and will be determined
semi-annually on each April 1 and October 1 beginning April 1, 2014, with interim unscheduled redeterminations as
described in the term sheet. It is estimated that the Borrowing Base will be Cdn$130 million at the time of closing.
Alberta Treasury Branches, as cash manager under the New Credit Facility, may also provide certain ancillary
facilities, including (i) credit cards for commercial purposes up to a maximum principal obligation of Cdn$250,000
and (ii) cash or treasury management services or similar transactions. LPRC's obligations under the New Credit
Facility are supported by a guarantee by its current and future direct and indirect subsidiaries and by LPRI and its
direct and indirect subsidiaries. Under the New Credit Facility, Alberta Treasury Branches will serve as
administrative agent and collateral agent, Morgan Stanley Capital Group Inc. will serve as documentation agent and
Societe Generale will serve as syndication agent. The New Credit Facility will mature on the earlier of (i) four
years from the closing date, (ii) the date of maturity of the revolving facility, which is extendible annually (if
sooner), or (iii) such earlier date as may be set forth in definitive documentation for the New Credit Facility.
Closing on the New Credit Facility is expected to occur on or before January 31, 2104.
Loans under the New Credit Facility may be utilized only for: (i) repayment on the closing date of indebtedness
outstanding under LPRC's existing secured credit facility, (ii) capital expenditures on LPRC's oil and gas assets, and
(iii) general corporate purposes. Funding of the New Credit Facility is conditional on, among other things,
completion of the Recapitalization and satisfactory completion of title review and other due diligence.
LPR Canada's obligations under the New Credit Facility will be secured by substantially all of the assets of each of
the Applicants, to be evidenced by, among other agreements, a Cdn$500 million demand debenture.
The New Credit Facility will require that LPRC enter into commodity hedging agreements at certain minimum
required levels with respect to its oil and natural gas production through 2017. LPRC may also be required, at the
request of the lenders, to enter into certain additional interest rate hedging agreements.
On November 27, 2013, the Court approved the commitment letter for the New Credit Facility and authorized the
Lone Pine Group to perform its obligations thereunder, and also approved a charge on the property of the Lone Pine
Group as security for the benefit of counterparties under the crude oil and natural gas hedge arrangements
contemplated by the commitment letter.
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Meeting Order
On December 13, 2013, the Court granted the Meeting Order authorizing the Lone Pine Group to call the Meetings
of Affected Unsecured Creditors on January 6, 2014 and establishing, among other things, procedures for proxies
and voting. A copy of the Meeting Order is attached as Schedule B to this Circular.
DETAILS OF THE RECAPITALIZATION
The following is a summary only of certain material terms of the Plan and the Recapitalization. This summary is
qualified in its entirety by reference to the complete text of the Plan. Affected Unsecured Creditors are urged to
read the Plan in its entirety. A copy of the Plan is attached as Schedule D to this Circular.
Purpose of the Plan
The purpose of the Plan is to: (a) implement the Recapitalization, which will significantly reduce the indebtedness of
the Lone Pine Group through the Debt Exchange and provide essential financing to address current and future
liquidity needs through the New Investment; (b) provide for settlement of all Allowed Affected Claims; (c) effect a
release and discharge of all Affected Claims and Released Claims; and (d) ensure the continued viability and
ongoing operations of the Lone Pine Group.
The Plan is put forward based on the expectation that, overall and in the aggregate, parties who have an economic
interest in the Lone Pine Group, when considered as a whole, will derive a greater benefit from the implementation
of the Plan than would result from a forced sale or liquidation of the Lone Pine Group's assets through bankruptcy,
exercise of creditors' rights or receivership proceedings.
The Plan has the support of the Initial Consenting Noteholders, which as at the date hereof hold over 75% of the
aggregate principal amount of the Notes and have agreed, in accordance with terms and conditions of the Support
Agreement, to vote their Affected Unsecured Claims in favour of the Plan.
Transactions to be effected pursuant to the Plan
The Plan, if approved by the Affected Unsecured Creditors at the Meeting and thereafter by the Court pursuant to
the Sanction Order, and if implemented in accordance with its terms, will effect a capital reorganization of the Lone
Pine Group and generally provides, among other things, for the following:
(a)
Debt Exchange – the exchange of all Notes and other Affected Unsecured Claims in consideration
for new common equity in the Restructured Group in the form of voting common shares of LPR
Canada (being LPRC Class A Voting Common Shares), together with concurrently issued voting
common shares of LPRI (being LPRI Class A Voting Common Shares) and, if applicable, any
Backstopper's Pro-Rata Share of the Backstop Amount, except for Affected Unsecured Claims of
Cash Pool Creditors, as noted below;
(b)
New Investment – an offering to Qualifying Unsecured Creditors of an amount between a
minimum of US$100,000,000 and a maximum of US$110,000,000 in new preferred equity in the
Restructured Group in the form of new redeemable convertible preferred shares of LPR Canada
(being LPRC Preferred Shares), together with concurrently issued multiple voting shares of LPRI
(being LPRI Multiple Voting Common Shares), pursuant to which such Qualifying Unsecured
Creditors may, at their election, invest additional capital and purchase their pro rata share of the
New Investment;
(c)
Backstop Commitment – the issuance of all such LPRC Preferred Shares and concurrently issued
LPRI Multiple Voting Common Shares, pursuant to the Backstop Commitment, so as to ensure
that the Restructured Group realizes the full New Investment Amount;
- 47 -
(d)
Repayment of Credit Facility – the repayment in full of secured bank debt with proceeds from the
New Investment and borrowings under the New Credit Facility;
(e)
Cancellation of Existing Parent Shares, Equity Interests and Equity Claims – the cancellation of
all Existing Parent Shares, Equity Interests and Equity Claims for no consideration, which in the
context of the Creditor Protection Proceedings is a necessary consequence of the Lone Pine
Group's inability to pay the priority claims of Affected Unsecured Creditors in full and in
compliance with the terms of the CCAA; and
(f)
Cash Pool Creditors – the payment in cash of Affected Unsecured Claims of Cash Pool Creditors
that are, or that the holder thereof elects to reduce to, $10,000 or less, subject to an aggregate
maximum Distributable Amount limit of $700,000 for all such claims and prorating in the event
that such Affected Unsecured Claims exceed the maximum Distributable Amount.
The foregoing description is generalized and is qualified in its entirety by reference to the specific provisions of the
Plan, which among other things specifies the particular Recapitalization steps and their sequence. See "−Plan
Implementation Date Transactions" below. These steps include certain preliminary and intermediate transactions to
effect the desired ending structure.
Effect of the Plan
The Plan provides for, among other things, the full and final release and discharge of the Affected Claims and
Released Claims, a settlement of, and consideration for, all Allowed Affected Unsecured Claims and a
recapitalization of the Lone Pine Group.
Implementation of the Plan will result in the Affected Unsecured Creditors of the Lone Pine Group becoming, in
accordance with the transactions provided for under the Plan and in place of the Existing Shareholders, the
shareholders of the Restructured Group on the Plan Implementation Date. More particularly, Affected Unsecured
Creditors will receive:

in connection with the compromise of their Affected Unsecured Claims, new common equity in the
Restructured Group in the form of LPRC Class A Voting Common Shares and concurrently issued LPRI
Class A Voting Common Shares and, if applicable, any Backstopper's Pro-Rata Share of the Backstop
Amount; and

for those qualified Affected Unsecured Creditors that are also Subscribing Unsecured Creditors and, as
such, have elected to participate in the New Investment and invest additional funds into the Restructured
Group, new preferred shares in the Restructured Group in the form of LPRC Preferred Shares and
concurrently issued LPRI Multiple Voting Common Shares.
New Shares to be Distributed to Affected Unsecured Creditors
Number of New Shares to be issued
The actual number of New Shares of each class to be distributed to Affected Unsecured Creditors on the Plan
Implementation Date will be as agreed to by the Applicants, the Monitor and the Majority Initial Consenting
Noteholders prior to the Plan Implementation Date.
As between the Affected Unsecured Creditors (including, as applicable, Subscribing Unsecured Creditors) to which
New Shares are distributable, however, the proportionate share of the total number of New Shares of each such class
to be distributed to each such Affected Unsecured Creditor will be determined on a pro rata basis in accordance
with the Plan. If, for example, the proportionate share of an Affected Unsecured Creditor is such that it is entitled
under the Plan to receive 2.8% of the aggregate number of new LPRC Class A Voting Common Shares, then it will
receive 28,000 shares if the Agreed Number of LPRC Class A Voting Common Shares is 1,000,000, and 280,000
shares if the Agreed Number of LPRC Class A Voting Common Shares is 10,000,000.
- 48 -
In determining the Agreed Number of New Shares, the number of new LPRC Preferred Shares to be distributed to
Subscribing Unsecured Creditors pursuant to the New Investment will be three (3) times the number of new LPRC
Class A Voting Common Shares to be distributed to Affected Unsecured Creditors (other than Cash Pool Creditors)
pursuant to the Debt Exchange. The effect of this is that the new LPRC Preferred Shares will be initially
convertible, in aggregate, into such number of LPRC Class B Non-Voting Common Shares as is equal to 75% of the
total number of LPRC Class A Voting Common Shares and LPRC Class B Non-Voting Common Shares that would
be outstanding immediately following the Plan Implementation Date assuming conversion of all such LPRC
Preferred Shares into LPRC Class B Non-Voting Common Shares in accordance with their terms. See "– Overview
of New Share characteristics" below.
In addition, in order to give effect to the effective separation of economic rights and voting rights as described
below, (i) the Agreed Number of LPRC Preferred Shares will be equal to the Agreed Number of LPRI Multiple
Voting Common Shares, and (ii) the Agreed Number of LPRC Class A Voting Common Shares will be equal to the
Agreed Number of LPRI Class A Voting Common Shares.
One New Share of LPRI for every one New Share of LPR Canada
For every New Share of LPR Canada that is distributed to an Affected Unsecured Creditor (including, as applicable,
Subscribing Unsecured Creditors) pursuant to the Plan there will also be distributed one corresponding New Share
of LPRI.
In the case of new common equity interests distributed in connection with the compromise of Affected Unsecured
Claims pursuant to the Debt Exchange, each Affected Unsecured Creditor (other than Cash Pool Creditors) will
receive, for every LPRC Class A Voting Common Share distributed to such creditor, one LPRI Class A Voting
Common Share.
In the case of new preferred equity interests distributed in connection with the investment of new capital pursuant to
the New Investment, each Subscribing Unsecured Creditor will receive, for every LPRC Preferred Share distributed
to such creditor, one LPRI Multiple Voting Common Share.
Separation of economic and voting rights
The Plan will effectively separate the economic rights and the voting rights of a Post-Implementation Shareholder
with respect to the Restructured Group, in that Affected Unsecured Creditors who become Post-Implementation
Shareholders will, for so long as that post-implementation structure remains in effect, generally look to their shares
of LPR Canada for future economic returns and to their shares of LPRI for the exercise of voting rights only.
This will primarily be a function of (i) LPRI retaining a controlling voting interest in LPR Canada through a "super
voting" share (being the LPRC Class C Multiple Voting Share) issued by LPR Canada to LPRI as part of the
Recapitalization steps to which will be attached greater than 70% of the total voting rights attached to all LPR
Canada shares post-implementation, (ii) the New Shares issued by LPRI, whether LPRI Class A Voting Common
Shares pursuant to the Debt Exchange or LPRI Multiple Voting Common Shares pursuant to the New Investment,
carrying voting rights in respect of LPRI, and (iii) LPRI holding, after implementation of the Plan, only the LPRC
Class C Multiple Voting Share and not otherwise holding any shares or other investment interest in LPR Canada or
any other material assets.
Accordingly, the rights, privileges, restrictions and conditions attached to each class of New Shares will be such that
each Affected Unsecured Creditor that becomes, as a result of the Plan, a Post-Implementation Shareholder, will be
expected to primarily:

realize any future economic benefits attributable to its equity ownership in the Restructured Group, whether
through dividends or other distributions on or in respect of its New Shares or otherwise, as a consequence
of being a shareholder of LPR Canada; and
- 49 
other than in respect of Majority Actions described below (as applicable), exercise voting rights with
respect to the Restructured Group in its capacity as a shareholder of LPRI, which will in turn hold a
controlling voting interest in LPR Canada.
Economic rights in respect of equity interests of Post-Implementation Shareholders in the Restructured Group
LPR Canada
Affected Unsecured Creditors (other than Cash Pool Creditors) will receive LPRC Class A Voting Common Shares
pursuant to the Debt Exchange, and Subscribing Unsecured Creditors will receive LPRC Preferred Shares pursuant
to the New Investment.
The LPRC Preferred Shares will (i) be convertible into LPRC Class B Non-Voting Common Shares as described
below, (ii) be subject to redemption after four years at the option of LPR Canada and after eight years at the option
of the holder, (iii) participate in any declared dividends (if any) on a pari passu basis with the LPRC Class Voting
Common shares and LPRC Class B Non-Voting Common Shares, and (v) have preferential rights in any distribution
of assets on liquidation, winding-up or dissolution of LPR Canada.
The terms of the LPRC Class A Voting Common Shares and the terms of the LPRC Class B Non-Voting Common
Shares will be substantially economically equivalent. More particularly, the LPRC Class A Voting Common Shares
and the LPRC Class B Non-Voting Common Shares will rank pari passu and participate on a pro rata basis,
according to the number of shares held, in any distribution of assets on liquidation, winding-up or dissolution. In
addition, the LPRC Class A Voting Common Shares and LPRC Class B Non-Voting Common Shares will
participate in any declared dividends (if any) on a pari passu basis with the LPRC Preferred Shares.
The LPRC Class A Voting Common Shares and LPRC Class B Non-Voting Common Shares will rank subordinate
to the LPRC Preferred Shares, however, in any distribution of assets on liquidation, winding-up or dissolution of
LPR Canada. On any such distribution, the holders of LPRC Preferred Shares will have a preferential right to
receive, in cash or other assets, for every LPRC Preferred Share held, an amount based on the then-applicable
Redemption Price and the number of Class B Non-Voting Common Shares into which the LPRC Preferred Share is
then convertible. The Redemption Price will initially be equal to the Issue Price and will thereafter increase over
time based on the Accretion Rate of 10% per annum.
The LPRC Preferred Shares will be convertible into LPRC Class B Non-Voting Common Shares according to a
conversion ratio determined by dividing (x) the then-applicable Redemption Price by (y) the Issue Price. This
formula results in an escalating conversion ratio by which each LPRC Preferred Share is convertible into LPRC
Class B Non-Voting Common Shares initially on a one-for-one basis but subject to increase over time based on the
annual 10% increase in the Redemption Price. In effect, there will be an annual 10% increase in the number of
LPRC Class B Non-Voting Common Shares into which each LPRC Preferred Share is convertible. Accordingly,
during the first year following the Plan Implementation Date each LPRC Preferred Share will be convertible into
one LPRC Class B Non-Voting Common Share, and each year thereafter each LPRC Preferred Share will be
convertible into such number of LPRC Class B Non-Voting Common Shares as is equal to 110% of the previous
year's conversion ratio.
Holders of LPRC Class A Voting Common Shares will have their equity interest in LPR Canada diluted over time as
a result of the annual Accretion Rate on the LPRC Preferred Shares. See "Risk Factors – Dilutive effect of New
Investment".
Each LPRC Preferred Share will be redeemable after four (4) years at the option of LPR Canada and eight (8) years
at the option of the holder.
Any redemption of LPRC Preferred Shares by LPR Canada will be subject to the statutory prohibition under the
ABCA against a corporation making any payment to purchase or otherwise acquire shares issued by it if there are
reasonable grounds for believing that the corporation is, or would after the payment be, unable to pay its liabilities as
- 50 -
they become due, or the realizable value of the corporation's assets would after the payment be less than the
aggregate of its liabilities and stated capital of all classes.
LPRI
The LPRI Class A Voting Common Shares distributable to Affected Unsecured Creditors (other than Cash Pool
Creditors) pursuant to the Debt Exchange, and the LPRI Multiple Voting Common Shares distributable to
Subscribing Unsecured Creditors pursuant to the New Investment, are expected to have nominal economic value.
This will be a function of LPRI holding, after implementation of the Plan, only the single "super voting" LPRC
Class C Multiple Voting Share by which it retains a controlling voting interest in LPR Canada (but only a nominal
economic interest) and not otherwise holding any shares or other investment interest in LPR Canada or any other
material assets.
Pursuant to the Plan, if LPRI shall at any time after the Plan Implementation Date receive payment of any amount
pursuant to any legal proceedings commenced by LPRI, by LPR Canada or by LPRI on behalf of LPR Canada in
respect of a cause of action arising prior to the Effective Time, or in settlement of any such proceedings, LPRI shall
receive such payment in trust for the benefit of LPR Canada and shall promptly remit the same to LPR Canada.
Voting rights in respect of equity interests of Post-Implementation Shareholders in the Restructured Group
LPR Canada
Although Affected Unsecured Creditors will receive LPRC Class A Voting Common Shares pursuant to the Debt
Exchange, and such shares will be voting shares, the Plan provides that LPRI will retain a controlling voting interest
in LPR Canada through the "super voting" LPRC Class C Multiple Voting Share to be issued by LPR Canada to
LPRI as part of the Recapitalization steps. Accordingly, the voting rights attached to the new LPRC Class A Voting
Common Shares distributed to Affected Unsecured Creditors (other than Cash Pool Creditors) will be effectively
subordinated to the voting rights attached to the "super voting" LPRC Class C Multiple Voting Share held by LPRI.
As the LPRC Preferred Shares to be distributed to Subscribing Unsecured Creditors (as well as any Class B NonVoting Common Shares issued on the conversion thereof) are themselves non-voting shares, they will not affect the
general allocation of voting rights at the LPR Canada level.
As a result of the LPRC Class C Multiple Voting Share, the LPRC Class A Voting Common Shares will be
"subordinate voting securities" within the meaning of applicable Canadian securities legislation.
LPR Canada is currently a wholly-owned subsidiary of LPRI and, assuming implementation of the Plan, will remain
a subsidiary of LPRI – albeit not wholly-owned as a result of the distribution of LPRC Class A Voting Common
Shares to Affected Unsecured Creditors (other than Cash Pool Creditors) and LPRC Preferred Shares to Subscribing
Unsecured Creditors.
Maintenance of this parent-subsidiary relationship as between LPRI and LPR Canada is intended to preserve the
existing assets and entitlements of LPRI and LPR Canada, respectively.
The number of votes attached to the "super voting" LPRC Class C Multiple Voting Share will be as agreed to by the
Applicants, the Monitor and the Majority Initial Consenting Noteholders prior to completion, and will in any event
be greater than 70% of the total voting rights attached to all LPR Canada shares post-implementation. Accordingly,
for purposes of general shareholder approval requirements under the ABCA, LPRI will have sufficient voting power
to approve any transaction or other matter in respect of LPR Canada that requires shareholder approval by an
ordinary resolution (being a resolution passed by a majority of the votes cast by the shareholders who voted in
respect of that resolution), including the election of directors or appointment of an auditor for LPR Canada, or a
special resolution (being a resolution passed by a majority of not less than two-thirds of the votes cast by the
shareholders who voted in respect of that resolution).
Notwithstanding that the voting rights attached to the new LPRC Class A Voting Common Shares distributed to
Affected Unsecured Creditors (other than Cash Pool Creditors) will be effectively subordinated by the voting rights
- 51 -
attached to the "super voting" LPRC Class C Multiple Voting Share held by LPRI, and that the LPRC Preferred
Shares to be distributed to Subscribing Unsecured Creditors (as well as any Class B Non-Voting Common Shares
issued on the conversion thereof) are themselves non-voting shares, certain transactions and matters affecting LPR
Canada will, if any one holder of LPRC Preferred Shares acquires (together with its affiliates) on implementation of
the Plan at least one-third of the total number of LPRC Preferred Shares distributed on the Plan Implementation
Date, and for so long as such holder (together with its affiliates) continues to hold at least one-third of the total
number of LPRC Preferred Shares then outstanding, require the consent of the holders of a majority of the LPRC
Preferred Shares then outstanding. These matters (herein referred to as "Majority Actions") include:

any authorization or issuance of, or agreement to authorize or issue, any equity securities of LPR Canada,
or securities or rights of any kind convertible into or exchangeable for any equity securities of LPR Canada,
including, without limitation, the adoption of any new stock option or other equity compensation plan;

any material amendment, modification or restatement of the articles or bylaws of LPR Canada, or any
modification of the number of directors constituting the entire board of directors of LPR Canada;

any declaration or payment of any dividend or other distribution on or in respect of any shares in the capital
of LPR Canada;

other than in respect of a redemption of the LPRC Preferred Shares in accordance with their terms, any
redemption, purchase, repurchase or other acquisition for value of any equity securities of LPR Canada
(other than pursuant to an employee benefit plan, agreement or arrangement);

any amalgamation, merger or consolidation of LPR Canada with or into one or more persons, or sale or
transfer of all or substantially all of the assets of LPR Canada;

any recapitalization or reorganization or any voluntary liquidation of LPR Canada under applicable
bankruptcy or reorganization legislation, or any dissolution or winding up of LPR Canada;

other than the New Credit Facility and drawings thereunder, LPR Canada issuing or becoming liable for
any long-term debt in excess of US$10 million individually or US$20 million in the aggregate;

any acquisition by LPR Canada of assets or equity securities of any entity in excess of US$10 million
individually, or US$20 million in the aggregate;

any material change in accounting methods or policies of the LPR Canada; and

any change in auditor of LPR Canada.
The articles of LPR Canada will also provide for certain shareholder protections and other rights agreed between the
Applicants and the Majority Initial Consenting Noteholders, including drag-along, tag-along, pre-emptive,
registration and piggy-back rights, which will be described in the Plan Supplement to be issued in accordance with
the terms of the Meeting Order.
LPRI
With respect to voting rights in respect of LPRI following the Plan Implementation Date (with LPRI, in turn,
retaining a controlling voting interest of greater than 70% in LPR Canada through the LPRC Class C Multiple
Voting Share), Affected Unsecured Creditors (other than Cash Pool Creditors) will receive (i) pursuant to the Debt
Exchange, new LPRI Class A Voting Common Shares, and (ii) if they are qualified to participate in the New
Investment and elect as Subscribing Unsecured Creditors to invest additional capital pursuant thereto, new LPRI
Multiple Voting Common Shares.
The LPRI Class A Voting Common Shares (which will be issued together with the LPRC Class A Voting Common
Shares) distributed to Affected Unsecured Creditors (other than Cash Pool Creditors) are ordinary voting shares to
- 52 -
which will be attached one vote for every such share held. The LPRI Multiple Voting Common Shares (which will
be issued for nominal consideration together with the LPRC Preferred Shares) distributed to Subscribing Unsecured
Creditors will be "special voting" shares to which will be attached voting rights entitling the holder thereof to,
initially, one (1) vote per share subject to increase over time based on the Accretion Rate of 10% per annum.
The escalating voting right to be attached to the LPRI Multiple Voting Shares will result in an annual 10% increase
in the number of votes attached to each such share, such that during the first year following the Plan Implementation
Date each LPRI Multiple Voting Common Share will carry one (1) vote per share, and each year thereafter each
LPRI Multiple Voting Common Share will carry such number of votes as is equal to 110% of the previous year's per
share voting entitlement. This year-over-year increase in the voting rights of the LPRI Multiple Voting Common
Shares distributed pursuant to the New Investment will dilute the proportionate voting rights of the LPRI Class A
Voting Common Shares distributed pursuant to the Debt Exchange.
Holders of LPRI Class A Voting Common Shares will have their voting interest in LPRI diluted over time as a result
of the annual Accretion Rate on the LPRI Multiple Voting Shares. See "Risk Factors – Dilutive effect of New
Investment".
The certificate of incorporation of LPRI will also provide for certain shareholder protections and other rights
substantially similar to those that will be provided for in the articles of LPR Canada, which will be described in the
Plan Supplement to be issued in accordance with the terms of the Meeting Order.
Overview of New Share characteristics
The following tables highlight certain principal characteristics of the different classes of New Shares to be
distributed to Affected Unsecured Creditors (including, as applicable, Subscribing Unsecured Creditors) pursuant to
the Plan.
New Shares distributed pursuant to the Debt Exchange
Shares issued by LPR Canada
Shares issued by LPRI
LPRC Class A Voting Common Shares
LPRI Class A Voting Common Shares

ordinary voting rights (one vote for each share held), but effectively
subordinated (as a class) to the "super voting" LPRC Class C
Multiple Voting Share to be issued to LPRI and pursuant to which
LPRI will retain a controlling voting interest in LPR Canada
(greater than 70% of the total voting rights attached to all LPR
Canada shares post-implementation)


substantially economic equivalent to the Class B Non-Voting
Common Shares (into which the LPRC Preferred Shares are
convertible)
ordinary voting rights (one vote for
each share held), but effectively
subordinated (as a class) by the
superior voting rights attached to the
LPRI Multiple Voting Common
Shares, which initially carry one (1)
vote per share but subject to
increase over time based on the
Accretion Rate of 10% per annum

right to participate in any declared dividends (if any) on a pari
passu basis with the LPRC Class B Non-Voting Common Shares
(into which the LPRC Preferred Shares are convertible) and the
LPRC Preferred Shares

right to participate in any declared
dividends (if any) on a pari passu
basis with the LPRI Multiple Voting
Common Shares, pro rata according
to the number of shares held

subject to the preferential distribution rights of the holders of LPRC
Preferred Shares described herein, right to participate in any further
distribution of assets on liquidation, winding-up or dissolution on a
pari passu basis with the LPRC Class B Non-Voting Common
Shares (into which the LPRC Preferred Shares are convertible), pro
rata according to the number of shares held

right to participate in any
distribution of assets on liquidation,
winding-up or dissolution on a pari
passu basis with the LPRI Multiple
Voting Common Shares, pro rata
according to the number of shares
held
- 53 -
New Shares distributed pursuant to the New Investment
Shares issued or issuable by LPR Canada
Shares issued by LPRI
LPRC Preferred Shares
LPRI Multiple Voting Common Shares

no voting rights (except in those limited circumstances required by
law and with respect to Majority Actions in the circumstances
described herein)


right to participate in any declared dividends (if any) on a pari
passu basis with the LPRC Class A Voting Common Shares and the
LPRC Class B Non-Voting Common Shares
"special" voting rights pursuant to
which each LPRI Multiple Voting
Share will initially carry one (1)
vote per share but subject to
increase over time based on the
Accretion Rate of 10% per annum

in the event of a distribution of assets on liquidation, winding-up or
dissolution, preferential right to receive, in cash or other assets, for
every LPRC Preferred Share held, in priority to any distribution to
the holders of any other class of shares, an amount based on the
then-applicable Redemption Price (which will initially be equal to
the Issue Price and will increase over time based on the Accretion
Rate of 10% per annum) and the number of Class B Non-Voting
Common Shares into which the LPRC Preferred Share is then
convertible

right to participate in any declared
dividends (if any) on a pari passu
basis with the LPRI Class A Voting
Common Shares, pro rata according
to the number of shares held

right to participate in any
distribution of assets on liquidation,
winding-up or dissolution on a pari
passu basis with the LPRI Class A
Voting Common Shares, pro rata
according to the number of shares
held

convertible at the holder's option into LPRC Class B Non-Voting
Preferred Shares, initially on a one-for-one basis but subject to
increase over time based on the annual 10% increase in the
Redemption Price

redeemable after four (4) years at the option of LPR Canada and
after eight (8) years at the option of the holder
LPRC Class B Non-Voting Common Shares
(into which the LPRC Preferred Shares are convertible)

no voting rights (except in those limited circumstances required by
law)

substantially economic equivalent to the Class A Voting Common
Shares

right to participate in any declared dividends (if any) on a pari
passu basis with the LPRC Class A Voting Common Shares and the
LPRC Preferred Shares

subject to the preferential distribution rights of the holders of LPRC
Preferred Shares described herein, right to participate in any further
distribution of assets on liquidation, winding-up or dissolution on a
pari passu basis with the LPRC Class A Voting Common Shares,
pro rata according to the number of shares held
The foregoing is a summary only of certain intended principal characteristics of the different classes of New Shares
to be distributed to Affected Unsecured Creditors (including, as applicable, Subscribing Unsecured Creditors)
pursuant to the Plan and are subject to finalization by the Applicants, the Monitor and the Majority Initial
Consenting Noteholders. Further information regarding the rights, privileges, restrictions and conditions, as finally
determined, that will be attached to each class of New Shares will be provided in the Plan Supplement to be issued
in accordance with the terms of the Meeting Order.
- 54 -
Treatment of Certain Parties under the Plan
The Plan will become effective at the Effective Time in accordance with its terms and the steps and sequence set
forth in the Plan, and shall be binding on and enure to the benefit of the Lone Pine Group, all Affected Creditors
(including Equity Claimants), all Released Parties and all other Persons named or referred to in, or subject to, the
Plan.
An Affected Creditor shall receive distributions in respect of its Affected Claim as set forth below only to the extent
that such Claim is an Allowed Affected Claim and has not been paid, released, discharged or otherwise satisfied
prior to the Plan Implementation Date.
All distributions made pursuant to the Plan will be allocated towards the repayment of the principal amount in
respect of an Affected Claim.
Cash Pool Creditors:
(a)
each Cash Pool Creditor, will receive an amount from the Cash Pool equal to the lesser of (i) the
amount of its Allowed Affected Unsecured Claim (as such amount may have been reduced by the
Cash Election of such Cash Pool Creditor), and (ii) its Cash Pool Creditor's Pro-Rata Share of the
Cash Pool; provided that despite any other provisions of the Plan the total amount payable to all
Cash Pool Creditors under the Plan shall not exceed the Distributable Amount;
(b)
any Cash Pool Creditor who receives a distribution in accordance with the Plan shall not be
entitled to any other payment or consideration with respect to its Allowed Affected Unsecured
Claim; and
Affected Unsecured Creditors (other than Cash Pool Creditors):
(c)
each other Affected Unsecured Creditor (other than Cash Pool Creditors) with an Allowed
Affected Unsecured Claim will receive in consideration for its Affected Unsecured Claim:
(i)
its Affected Unsecured Creditor's Pro-Rata Share of the Agreed Number of LPRC Class
A Voting Common Shares;
(ii)
one LPRI Class A Voting Common Share for each LPRC Class A Voting Common Share
issued pursuant to (i) immediately above; and
(iii)
if such Affected Unsecured Creditor is a Backstopper, its Backstopper's Pro-Rata Share
of the Backstop Amount.
All Affected Unsecured Claims shall be fully, finally, irrevocably and forever compromised, settled, released,
discharged, extinguished, cancelled and barred on the Plan Implementation Date.
Each Affected Unsecured Creditor that is a Qualifying Unsecured Creditor will also have the right, but not the
obligation, to participate in the New Investment up to a maximum of such Affected Unsecured Creditor's Pro Rata
Share of the New Investment. See "−Description of New Investment" below.
If a significant number of Affected Unsecured Creditors elect, by providing a Cash Election to the Monitor before
the Cash Election Deadline, to reduce their Affected Unsecured Claims to the Cash Pool Cap, the Cash Pool will be
distributed on a pro rata basis among all such electing Cash Pool Creditors, which may result in Cash Pool Creditors
receiving less than expected under the Cash Pool Cap.
- 55 -
Equity Claims
On the Plan Implementation Date, in accordance with the steps and sequence set forth in the Plan, all Equity
Interests and all Equity Claims shall be fully, finally, irrevocably and forever compromised, settled, released,
discharged, extinguished, cancelled and barred. Equity Claimants shall not receive any consideration or
distributions under the Plan or otherwise recover anything in respect of their Equity Claims or Equity Interests, and
shall not be entitled to vote on the Plan at the Meetings in respect of their Equity Claims.
Unaffected Claims
The Plan does not affect the Unaffected Creditors, who will not receive any consideration or distributions under the
Plan in respect of their Unaffected Claims (except to the extent their Unaffected Claims are paid in full on the Plan
Implementation Date), and shall not be entitled to vote on the Plan at the Meetings in respect of their Unaffected
Claims.
Description of the New Investment
Each Affected Unsecured Creditor that is a Qualifying Unsecured Creditor will have the right, but not the obligation,
to participate in the New Investment up to a maximum of such Affected Unsecured Creditor's Pro Rata Share of the
New Investment. Pursuant to the Backstop Agreement, the Backstoppers agreed to ensure completion of the New
Investment by purchasing all LPRC Preferred Shares that are not purchased by other Qualifying Unsecured
Creditors, in each case based on its Backstopper's Pro Rata Share.
The number of new LPRC Preferred Shares to be distributed to Subscribing Unsecured Creditors pursuant to the
New Investment will be three times the number of new LPRC Class A Voting Common Shares to be distributed to
Affected Unsecured Creditors pursuant to the Debt Exchange. The effect of this is that the new LPRC Preferred
Shares will be initially convertible, in aggregate, into such number of LPRC Class B Non-Voting Common Shares
as is equal to 75% of the total number of LPRC Class A Voting Common Shares and LPRC Class B Non-Voting
Common Shares that would be outstanding immediately following the Plan Implementation Date assuming
conversion of all such LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares in accordance with
their terms.
A New Investment Subscription Form has been delivered to each Affected Unsecured Creditor as of the Voting
Record Date together with this Circular. Each Qualifying Unsecured Creditor as of the Voting Record Date shall
have the right, but not the obligation, to elect irrevocably to participate in the New Investment, conditional upon the
implementation of the Plan and effective on the Plan Implementation Date, up to a maximum of such Affected
Unsecured Creditor's Pro-Rata Share of the New Investment. In order to validly elect to participate in the New
Investment, a Qualifying Unsecured Creditor (including any Backstopper) must return a duly executed New
Investment Subscription Form to the Applicants, the Monitor and Goodmans pursuant to the Plan on or before the
New Investment Subscription Deadline. Any New Investment Subscription Forms received after the New
Investment Subscription Deadline will be invalid and not effective and shall be disregarded for all purposes of the
Plan. Only Qualifying Unsecured Creditors are eligible to submit New Investment Subscription Forms.
Acceptance of a New Investment Subscription Form in accordance with the Plan will constitute a subscription by the
applicable Subscribing Unsecured Creditor for and a commitment by the applicable Subscribing Unsecured Creditor
to participate in the New Investment by purchasing LPRC Preferred Shares (the aggregate subscription price for all
such shares to be issued on the Plan Implementation Date being the New Investment Amount) and concurrently
issued LPRI Multiple Voting Common Shares (the aggregate subscription price for all such shares to be issued on
the Plan Implementation Date being the LPRI Subscription Amount) under the New Investment in accordance with
the Plan. Pursuant to the Plan, for each LPRC Preferred Share issued to a Subscribing Unsecured Creditor pursuant
to the Plan as part of the New Investment, one LPRI Multiple Voting Common Share shall also be issued to that
Subscribing Unsecured Creditor as part of the New Investment.
Any Qualifying Unsecured Creditor who also wishes to become a Backstopper shall submit a duly executed
Backstop Joinder to the Applicants, the Monitor and Goodmans pursuant to the Plan before the Backstop Deadline.
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Any Backstop Joinders received after the Backstop Deadline will be invalid and not effective and shall be
disregarded for all purposes of the Plan. For certainty, only Qualifying Unsecured Creditors are eligible to submit
Backstop Joinders.
In accordance with the Plan, the following steps set out the funding of the New Investment:
(a)
Not less than ten (10) Business Days prior to the Anticipated Implementation Date (or such other
date as the Applicants, the Monitor and the Majority Initial Consenting Noteholders may agree),
the Monitor shall inform each Subscribing Unsecured Creditor of:
(i)
the Anticipated Implementation Date;
(ii)
the number of LPRC Preferred Shares and LPRI Multiple Voting Common Shares that
will be acquired by such Subscribing Unsecured Creditor on the Plan Implementation
Date pursuant to the New Investment Subscription Privilege;
(iii)
the amount of funds required to be deposited in escrow with the Monitor by such
Subscribing Unsecured Creditor pursuant to its New Investment Subscription Privilege
(its "Subscription Amount", which, for certainty, shall include its Subscribing
Unsecured Creditor's Pro-Rata Share of the LPRI Subscription Amount) by the Funding
Deadline; and
(iv)
the manner in which such deposit of the Subscription Amount must be completed.
(b)
At or before 2:00 p.m. on the date that is five (5) Business Days prior to the Anticipated
Implementation Date (or such other date as the Applicants, the Monitor and the Majority Initial
Consenting Noteholders may agree) (the "Funding Deadline"), each Subscribing Unsecured
Creditor shall deposit in escrow with the Monitor its respective Subscription Amount; provided,
however, that this obligation shall not apply in respect of a Backstopper who has delivered to the
Applicants cash or a letter of credit in accordance with the terms and conditions of the Backstop
Agreement.
(c)
A Subscribing Unsecured Creditor (other than a Backstopper who has delivered to the Applicants
cash or a letter of credit in accordance with the terms and conditions of the Backstop Agreement)
who does not deposit its full Subscription Amount in escrow with the Monitor at or before the
Funding Deadline shall thereupon cease to be an Subscribing Unsecured Creditor, and its
subscription for LPRC Preferred Shares and LPRI Multiple Voting Common Shares pursuant to
the New Investment Subscription Privilege and right to receive LPRC Preferred Shares and LPRI
Multiple Voting Common Shares shall be null and void; provided, however that nothing in the
Plan shall relieve such Subscribing Unsecured Creditor from liability to the Applicants, the
Backstoppers or any other Person for failing to complete its subscription.
(d)
At least five (5) Business Days prior to the Anticipated Implementation Date (or such other date as
the Applicants, the Monitor and the Majority Initial Consenting Noteholders may agree), the
Applicants shall provide the Monitor with a copy of the Backstop Agreement (including any
Backstop Joinders).
(e)
As soon as practicable following the Funding Deadline, and in any event on the date that is four
(4) Business Days prior to the Anticipated Implementation Date (or such other date as the
Applicants, the Monitor and the Majority Initial Consenting Noteholders may agree), the Monitor
shall inform the Applicants and each Backstopper of:
(i)
the total number of LPRC Preferred Shares (and corresponding LPRI Multiple Voting
Common Shares) not validly subscribed for pursuant to the Subscription Privilege (the
"Backstopped Shares"); and
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(ii)
the number of Backstopped Shares to be acquired by such Backstop Party pursuant to its
Backstop Commitment and the amount of funds (by way of cash or a letter of credit)
required to be deposited with the Monitor by such party to purchase such Backstopped
Shares (the "Backstop Payment Amount") by the Backstop Funding Deadline.
(f)
At or before 2:00 p.m. (Calgary time) on the date that is two (2) Business Days prior to the
Anticipated Implementation Date (or such other date as the Applicants, the Monitor and the
Majority Initial Consenting Noteholders may agree) (the "Backstop Funding Deadline"), each
Backstopper shall, if it has not already delivered to the Applicants cash or a letter of credit in
accordance with the terms and conditions of the Backstop Agreement, deposit in escrow with the
Monitor funds in an amount equal to its Backstop Payment Amount, in each case to be held in
escrow in accordance with the Backstop Agreement until all conditions to the New Investment and
the Plan have been satisfied or waived in accordance with the Backstop Agreement and the Plan
and with irrevocable instructions to use such cash or letter of credit, as applicable, to the extent
required to enable such Backstop Party to comply with its Backstop Commitment.
(g)
Each Subscribing Unsecured Creditor who complies with paragraph (b) above shall participate in
the New Investment and shall subscribe for that number of LPRC Preferred Shares and LPRI
Multiple Voting Common Shares in an amount equal to the Subscription Amount deposited in
escrow with the Monitor by that Subscribing Unsecured Creditor in accordance with paragraph (b)
above divided by the Issue Price.
(h)
Each Backstopper shall purchase its Backstopper's Pro Rata Share of the Backstopped Shares in
accordance with the Backstop Agreement such that the New Investment is completed and fully
paid to the Applicants.
(i)
Within three (3) Business Days following the earlier of termination of the Backstop Agreement or
the Plan Implementation Date, to the extent not required to enable a Backstopper to comply with
its Backstop Commitment, the Applicants will return to each Backstopper the cash deposit (or, as
applicable, such portion thereof as may remain after its application towards the Backstop Payment
Amount) or the letter of credit (or, as applicable, such portion thereof as may be undrawn after
payment of the Backstop Payment Amount) provided by that Backstopper to the Applicants
pursuant to the Backstop Agreement and paragraph (f) above.
Plan Implementation Date Transactions
Upon the fulfillment, satisfaction or waiver of the conditions set out in the Plan, the following steps, compromises
and releases to be taken and effected on the implementation of the Plan shall occur, and be deemed to have occurred,
in the following order in ten minute increments (or at such other times as may be agreed to by the Applicants and the
Majority Initial Consenting Noteholders), without any further act or formality, on the Plan Implementation Date
beginning at the Effective Time (or in such other sequence or order or such other time or times as the Applicants, the
Monitor and the Majority Initial Consenting Noteholders may agree), except that the dissolutions of Wiser Oil and
Wiser Delaware pursuant to paragraphs (a) and (b) below, the amendments to the LPRC articles described in
paragraph (c) below and the issue by LPRC of one LPRC Class C Multiple Voting Share to LPRI pursuant to
paragraph (d) below may be completed prior to the Plan Implementation Date on a day or days to be agreed to by
the Applicants and the Majority Initial Consenting Noteholders:
Pre-Implementation Date Steps
(a)
upon the consent of LPRI, as sole member of Wiser Oil, Wiser Oil shall be dissolved and, in
connection therewith, all shares or fractions of shares in the capital of LPRC then held by Wiser
Oil and all other assets (if any) held by Wiser Oil shall be transferred to LPRI, and to the extent
necessary LPRI shall be authorized to wind up the affairs of Wiser Oil;
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(b)
upon the consent of LPRI, as sole member of Wiser Delaware (after giving effect to paragraph (a)
above), Wiser Delaware shall be dissolved and, in connection therewith, all shares or fractions of
shares in the capital of LPRC then held by Wiser Delaware and all other assets (if any) held by
Wiser Delaware shall be transferred to LPRI, and to the extent necessary LPRI shall be authorized
to wind up the affairs of Wiser Delaware;
(c)
the articles of LPRC shall be amended to:
(d)
(i)
convert all outstanding LPRC Class B Non-Voting Common Shares into LPRC Class A
Voting Common Shares by changing the issued LPRC Class B Non-Voting Common
Shares into the same number of issued LPRC Class A Voting Common Shares;
(ii)
redesignate the LPRC Class A Voting Common Shares by changing the designation
thereof to "Class A Voting Common Shares", and change the rights, privileges,
restrictions and conditions thereof as described in the Plan, in this Circular and, as
applicable, in the Plan Supplement Documents;
(iii)
redesignate the LPRC Class B Non-Voting Common Shares by changing the designation
thereof to "Class B Non-Voting Common Shares", and change the rights, privileges,
restrictions and conditions of thereof as described in the Plan, in this Circular and, as
applicable, in the Plan Supplement Documents;
(iv)
add a new class of shares to the authorized share capital of LPRC by creating a new class
of shares, being the new LPRC Class C Multiple Voting Share, which class shall consist
of one share designated as the "Class C Multiple Voting Share" having the rights,
privileges, restrictions and conditions as described in the Plan, in this Circular and, as
applicable, in the Plan Supplement Documents;
(v)
add a new class of shares to the authorized share capital of LPRC, being the new LPRC
Preferred Shares, which class shall consist of an unlimited number of shares designated
as "Preferred Shares" having the rights, privileges, restrictions and conditions as
described in the Plan, in this Circular and, as applicable, in the Plan Supplement
Documents; and
(vi)
consolidate the issued LPRC Class A Voting Common Shares by changing all of the
issued and outstanding LPRC Class A Voting Common Shares (including, for certainty,
the LPRC Class A Voting Common Shares resulting from the conversion of the LPRC
Class B Non-Voting Common Shares into the same number of issued LPRC Class A
Voting Common Shares pursuant to paragraph (c)(i) above) into an aggregate of three (3)
LPRC Class A Voting Common Shares;
LPRC shall issue one LPRC Class C Multiple Voting Share to LPRI in consideration for LPRI
agreeing to issue the LPRI Class A Voting Common Shares pursuant to paragraph (j)(ii) below;
Plan Implementation Date Pre-Distribution Steps
(e)
all Options shall be cancelled and terminated without any liability, payment or other compensation
in respect thereof;
(f)
all Option Plans shall be terminated and be of no further force or effect;
(g)
the Rights Agreement shall be terminated and be of no further force or effect;
(h)
all accrued and unpaid interest in respect of the Affected Claims shall be settled and extinguished
for no consideration;
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(i)
the certificate of incorporation of LPRI shall be amended to:
(i)
add a new class of shares to the authorized capital stock of LPRI by creating a new class
of shares, being the new LPRI Class A Common Shares, which class shall consist of
shares designated as "Class A Common Shares" having the rights, privileges, restrictions
and conditions described herein, in the Circular and, as applicable, in the Plan
Supplement Documents; and
(ii)
add a new class of shares to the authorized capital stock of LPRI by creating a new class
of shares, being the new LPRI Multiple Voting Common Shares, which class shall
consist of shares designated as "Class B Multiple Voting Shares" having the rights,
privileges, restrictions and conditions described herein, in the Circular and, as applicable,
in the Plan Supplement Documents;
Distribution Steps for Affected Unsecured Creditors (other than Cash Pool Creditors)
(j)
each Affected Unsecured Creditor (excluding any Cash Pool Creditors) shall and shall be deemed
to irrevocably exchange and transfer its Affected Unsecured Claim, and all of its rights in, to and
under such Affected Unsecured Claim, in consideration for:
(i)
the issuance by LPRC to each such Affected Unsecured Creditor of such number of
LPRC Class A Voting Common Shares as is equal to its Affected Unsecured Creditor's
Pro-Rata Share of the Agreed Number of LPRC Class A Voting Common Shares to be
issued pursuant to the Plan, and each such Affected Unsecured Creditor shall be added to
the register of shareholders of the LPRC Class A Voting Common Shares;
(ii)
the issuance by LPRI of one LPRI Class A Voting Common Share to such Affected
Unsecured Creditor for each LPRC Class A Voting Common Share issued to that
Affected Unsecured Creditor pursuant to (i) immediately above, and each such Affected
Unsecured Creditor shall be added to the register of shareholders of the LPRI Class A
Voting Common Shares; and
(iii)
in respect of any Affected Unsecured Creditor that is a Backstopper, the payment by
LPRC to each such Affected Unsecured Creditor of its Backstopper's Pro-Rata Share of
the Backstop Amount;
Cancellation of Equity Claims and Equity Interests
(k)
the Existing Parent Shares and all other remaining Equity Interests in LPRI (other than the LPRI
Class A Common Shares and the LPRI Multiple Voting Common Shares created and issued
pursuant to the Plan) shall be cancelled without any repayment of capital thereon or any other
compensation therefor and, for certainty, no Existing Shareholder shall be entitled to receive any
interest, dividends, premium or other payment in connection therewith;
Distribution Steps for Parties Electing to Participate in the New Investment
(l)
the Applicants shall become entitled to the total amount of funds deposited in escrow with the
Monitor in respect of Subscription Amounts or by Backstoppers pursuant to the Plan, and all such
funds shall be released from escrow, paid to the Applicants and applied towards payment of the
subscription price for the LPRC Preferred Shares and LPRI Multiple Voting Common Shares;
(m)
any funds delivered to the Applicants by a Backstopper pursuant to the Backstop Agreement, or
obtained by the Applicants by drawing upon any letter of credit so delivered to the Applicants by a
Backstopper, shall, if the total funds released from escrow and paid to the Applicants pursuant to
paragraph (l) immediately above are:
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(i)
less than the New Investment Amount, to the extent of such deficiency, be paid to the
Applicants and applied towards payment of the subscription price for the LPRC Preferred
Shares and the LPRI Multiple Voting Common Shares, and the balance shall be returned
to the Backstoppers in accordance with the terms and conditions of the Backstop
Agreement; or
(ii)
at least equal to the New Investment Amount and the LPRI Subscription Amount, be
returned to the Backstoppers in accordance with the terms and conditions of the Backstop
Agreement;
and any undrawn letters of credit delivered to the Applicants by a Backstopper pursuant to the
Backstop Agreement shall be returned to the applicable Backstopper in accordance with the
provisions hereof;
(n)
LPRC shall issue to each Subscribing Unsecured Creditor, such number of LPRC Preferred Shares
as is equal to its Subscribing Unsecured Creditor's Pro-Rata Share of the Agreed Number of LPRC
Preferred Shares, and each such Subscribing Unsecured Creditor shall be added to the register of
shareholders of the LPRC Preferred Shares;
(o)
LPRI shall issue to each Subscribing Unsecured Creditor, such number of LPRI Multiple Voting
Common Shares as is equal to its Subscribing Unsecured Creditor's Pro-Rata Share of the Agreed
Number of LPRI Multiple Voting Common Shares, and each such Subscribing Unsecured
Creditor shall be added to the register of shareholders of the LPRI Multiple Voting Common
Shares;
(p)
the New Credit Facility shall become effective, and LPR Canada shall be entitled, in accordance
with the terms and conditions thereof, to borrow funds thereunder;
(q)
LPR Canada shall pay in full to the DIP Lenders all amounts owed pursuant to the DIP Agreement
in full and final satisfaction of the DIP Facility;
(r)
the DIP Agreement and the DIP Facility shall be deemed to be terminated and the Applicants, and
each of them, shall be fully, finally, irrevocably and forever released from any and all claims,
liabilities or obligations of any kind to the DIP Lenders under or in respect of the DIP Agreement
or the DIP Facility;
(s)
LPR Canada shall pay in full to the Agent all amounts owed pursuant to the Current Credit
Agreement in full and final satisfaction of the Current Credit Facility;
(t)
the Current Credit Agreement and the Current Credit Facility shall be deemed to be terminated
and the Applicants, and each of them, shall be fully, finally, irrevocably and forever released from
any and all claims, liabilities or obligations of any kind to the Agent, the Syndicate or any lender
forming part of the Syndicate under or in respect of the Current Credit Agreement or the Current
Credit Facility;
(u)
the Current Bank Security shall be deemed to be terminated, released and discharged;
(v)
LPR Canada shall pay to each Cash Pool Creditor the amount of cash from the Cash Pool to be
paid to it in accordance with the Plan in full, final and irrevocable compromise, settlement and
satisfaction of the Affected Unsecured Claims of the Cash Pool Creditors;
(w)
except only for the limited purpose of facilitating the distributions under the Plan, all Affected
Claims, and all of the Affected Creditors' entitlements with respect to any Affected Claims, shall
be, and shall be deemed to be, fully, finally, irrevocably and forever compromised, settled,
released, discharged, extinguished, cancelled and barred, and the Applicants, and each of them,
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shall be fully, finally and irrevocably released from any and all claims, liabilities or obligations of
any kind to an Affected Creditor;
(x)
the Disputed Distribution Claims Reserve shall be created;
(y)
LPR Canada shall pay in cash all reasonable fees and expenses incurred by the Note Indenture
Trustee, including its reasonable legal fees, in connection with the performance of its duties under
the Note Indenture or the Plan;
(z)
LPR Canada shall make all distributions to KERP participants in accordance with the terms of the
KERP;
(aa)
LPR Canada shall pay all reasonable fees and disbursements of the Company Advisors, the
Monitor and the Monitor Advisors to the extent not already satisfied by the Applicants;
(bb)
LPR Canada shall pay all reasonable fees and disbursements of the Noteholder Advisors to the
extent not already satisfied by the Applicants;
(cc)
each of the Charges shall be terminated, discharged and released;
(dd)
the releases set forth in the Plan shall become effective; and
(ee)
the appointment of the Post-Implementation Boards shall become effective, and each member
thereof shall thereupon become a director of LPR Canada and/or LPRI, as applicable.
Additional information regarding LPR Canada and LPRI, including information relating to the New Shares, will be
provided in the Plan Supplement to be issued in accordance with the terms of the Meeting Order.
At the Plan Implementation Date each of the relevant parties shall execute and deliver such closing documents and
instruments and forthwith proceed to file the Sanction Order and such other documents as may be required to give
effect to the Plan, whereupon the steps set out in the Plan shall be deemed to have occurred in the order set out
therein without any further act or formality.
Effect of the Plan
The Plan will become effective on the Plan Implementation Date. On the Plan Implementation Date:
(a)
the treatment of Affected Claims and Released Claims under the Plan shall be final and binding
for all purposes and shall be binding upon and enure to the benefit of the Applicants, the Released
Parties, all Affected Creditors, any Person having a Released Claim and all other Persons named
or referred to in, or subject to, the Plan and their respective heirs, executors, administrators and
other legal representatives, successors and assigns;
(b)
all Affected Claims shall be forever discharged and released, excepting only the obligations in the
manner and to the extent provided for in the Plan;
(c)
all Released Claims shall be forever discharged and released;
(d)
each Affected Creditor and each Person holding a Released Claim shall be deemed to have
consented and agreed to all of the provisions of the Plan, in its entirety; and
(e)
each Affected Creditor and each Person holding a Released Claim shall be deemed to have
executed and delivered to the Applicants and to the Directors and Officers, as applicable, all
consents, releases, assignments and waivers, statutory or otherwise, required to implement and
carry out the Plan in its entirety.
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Releases to be Given under the Plan
On the Plan Implementation Date, the Released Parties, and each of them, will be released and forever discharged
from any and all demands, claims, actions, causes of action, counterclaims, suits, debts, sums of money, accounts,
covenants, damages, judgments, orders (including for injunctive relief or specific performance and compliance
orders), expenses, executions, Encumbrances and other recoveries on account of any liability, obligation, demand or
cause of action of whatever nature, including claims for contribution or indemnity, which any Creditor or other
Person may be entitled to assert (including pursuant to common law or statutory liabilities of directors, officers,
managers or members of any of the Applicants), whether known or unknown, matured or unmatured, direct, indirect
or derivative, foreseen or unforeseen, existing or hereafter arising, based in whole or in part on any act, omission,
transaction, duty, responsibility, indebtedness, liability, obligation, conduct, dealing or other occurrence existing or
taking place on or prior to the later of the Plan Implementation Date and the date on which actions are taken to
implement the Plan, that are in any way relating to, arising out of or in connection with the Affected Claims, the
Note Indenture, the Current Credit Agreement, the Current Credit Facility, the Equity Interests, any Equity Claims,
the Support Agreement, any Support Joinder, the Backstop Agreement, the New Shares, any Claims, the business
and affairs of the Lone Pine Group whenever or however conducted, the administration and/or management of the
Lone Pine Group, the Recapitalization, the Plan, the CCAA Proceeding, the U.S. Proceeding, or any matter or
transaction involving any of the Applicants done, occurring or undertaken in connection with the Recapitalization or
the Plan (referred to collectively as the "Released Claims"), and all Released Claims shall be fully, finally,
irrevocably and forever waived, discharged, released, cancelled and barred as against the Released Parties, all to the
fullest extent permitted by Applicable Law; provided that nothing in the releases contained in the Plan will release
or discharge (w) the right to enforce the obligations of any Person under the Plan, (x) any Released Party if the
Released Party is determined by a Final Order of a court of competent jurisdiction to have committed fraud or wilful
misconduct, (y) the Lone Pine Group from or in respect of any Unaffected Claim or any Claim that is not permitted
to be released pursuant to section 19(2) of the CCAA, or (z) any Director or Officer from any Claim that is not
permitted to be released pursuant to section 5.1(2) of the CCAA.
Notwithstanding anything to the contrary in the Plan, from and after the Plan Implementation Date, a Person may
only commence an action against a Released Party for fraud or willful misconduct if such Person has first obtained
leave of the Court on notice to the applicable Released Party, the Applicants, the Monitor (unless previously
discharged), the Initial Consenting Noteholders and any applicable insurers.
Procedural and Administrative Matters Relating to the Plan and its Implementation
Non-Consummation of the Plan
The Lone Pine Group reserves the right to revoke or withdraw the Plan at any time prior to the Plan Implementation
Date. If the Lone Pine Group revokes or withdraws the Plan, or if the Sanction Order is not issued, or if the Plan
Implementation Date does not occur, (i) the Plan shall be null and void in all respects, (ii) any settlement or
compromise embodied in the Plan, including the fixing or limiting to an amount certain any Claim, and any
document or agreement executed pursuant to the Plan, shall be deemed null and void, and (iii) nothing contained in
the Plan, and no acts taken in preparation for consummation of the Plan, shall (A) constitute or be deemed to
constitute a waiver or release of any Claims by or against the Lone Pine Group or any other Person, (B) prejudice in
any manner the rights of the Applicants or any other Person in any further proceedings involving the Lone Pine
Group, or (C) constitute an admission of any sort by the Lone Pine Group or any other Person.
Exclusion from the Plan
At any time prior to the Plan Implementation Date, with (i) the consent of the Majority Initial Consenting
Noteholders, or (ii) an Order of the Court, LPR Canada may exclude any one or more of the other Applicants (other
than LPR Canada) from the Plan and proceed with the Plan, which will thereafter be applicable to LPR Canada and
any remaining Applicants only. Forthwith after obtaining such consent of the Majority Initial Consenting
Noteholder or such an Order of the Court, LPR Canada will: (x) if LPR Canada is proceeding by way of consent
from the Majority Initial Consenting Noteholders, file a notice regarding the exclusion of any excluded Applicant(s)
with the Court, (y) post the notice on the Website, and (z) send a copy of the notice by regular pre-paid mail to all
Affected Creditors of the excluded Applicant(s). If one or more Applicant(s) is so excluded, the Plan will be read
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and interpreted in all respects as if such Applicant(s), and all Claims against such Applicant(s) are unaffected by the
Plan, and the Plan will apply to such excluded Applicant(s) and all Creditors thereof mutatis mutandis.
Modification of the Plan
The Lone Pine Group may, at any time and from time to time, amend, restate, modify and/or supplement the Plan
with the consent of the Majority Initial Consenting Noteholders, provided that the Agent must be satisfied with any
such amendment, restatement, modification and/or supplement that affects the treatment of Syndicate Claims under
the Plan in any material respect; and provided further that any such amendment, restatement, modification or
supplement must be contained in a written document which is filed with the Court and (i) if made prior to or at the
Meetings, communicated to the Affected Creditors; and (ii) if made following the Meetings, approved by the Court.
Notwithstanding the foregoing, any amendment, restatement, modification or supplement may be made by the Lone
Pine Group with the consent of the Monitor and the Majority Initial Consenting Noteholders, without further Court
Order or approval, provided that it concerns a matter which, in the opinion of the Applicants, the Monitor and the
Majority Initial Consenting Noteholders, each acting reasonably, is of an administrative nature required to better
give effect to the implementation of the Plan and the Sanction Order or to cure any errors, omissions or ambiguities
and is not materially adverse to the financial or economic interests of the Affected Unsecured Creditors. Any
amended, restated, modified or supplementary plan or plans of compromise filed with the Court and, if required by
the Plan, approved by the Court, shall, for all purposes, be and be deemed to be a part of and incorporated in the
Plan.
Procedures for Distributions of Cash Pool Amounts to Cash Pool Creditors
Based on the documents received by the Monitor pursuant to the Claims Procedure Order and the Meeting Order,
the Monitor shall calculate, with respect to each Cash Pool Creditor, its Cash Pool Creditor's Pro-Rata Share, and the
Monitor shall provide all such information to the Applicants and Goodmans at least ten (10) Business Days prior to
the Anticipated Implementation Date (unless extended by the Applicants, with the consent of the Majority Initial
Consenting Noteholders).
On the Initial Distribution Date, upon receipt of and in accordance with a written direction of the Monitor prepared
based on the information received by the Monitor pursuant to the Plan, as so directed by the Monitor, the Applicants
shall deliver to each Cash Pool Creditor its Cash Pool Creditor's Pro-Rata Share.
Procedures for Distributions of New Shares to Noteholders Under the Recapitalization
DTC is the sole registered holder of the Notes. Upon receipt of and in accordance with written instructions from the
Monitor, the Note Indenture Trustee shall instruct DTC to, and DTC shall: (i) establish an escrow position
representing the respective positions of the Noteholders as of the Plan Implementation Date for the purpose of
making distributions to the Noteholders on and after the Plan Implementation Date; and (ii) block any further trading
in the Notes, effective as of the close of business on the Business Day immediately prior to the Plan Implementation
Date, all in accordance with the customary practices and procedures of DTC. If both the LPRC Class A Voting
Common Shares and the LPRI Class A Voting Common Shares are eligible to be settled through DTC on the Initial
Distribution Date, then:
(a)
the registration and delivery of LPRC Class A Voting Common Shares and LPRI Class A Voting
Common Shares to be distributed to each Noteholder pursuant to the provisions of the Plan shall
be made through the facilities of DTC to DTC participants who, in turn, shall effect the delivery of
interests in such LPRC Class A Voting Common Shares and LPRI Class A Voting Common
Shares to the beneficial holders of such Notes pursuant to standing instructions and customary
practices and procedures; and
(b)
the Applicants and the Monitor shall have satisfied their responsibilities in respect of the
distribution of LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares
to the Noteholders in accordance with the provisions of the Plan once such shares have been
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delivered to DTC; and will have no liability or obligation in respect of deliveries from DTC, or its
nominee, to DTC participants or from DTC participants to beneficial holders of the Notes.
If the LPRC Class A Voting Common Shares or the LPRI Class A Voting Common Shares are not eligible to be
settled through DTC on the Initial Distribution Date, then the registration and delivery of LPRC Class A Voting
Common Shares and LPRI Class A Voting Common Shares to be distributed to each Noteholder pursuant to the
provisions of the Plan shall be made in accordance with a written direction of the Monitor prepared based on
information obtained through DTC and DTC participants (by way of a letter of transmittal process or such other
process as is agreed to by the Applicants, the Monitor, the Majority Initial Consenting Noteholders and the Note
Indenture Trustee) regarding registration and delivery of such LPRC Class A Voting Common Shares and LPRI
Class A Voting Common Shares to or for the benefit of Noteholders.
Noteholders whose Notes are registered in the name of a broker, investment dealer, bank, trust company or
other intermediary should contact that intermediary for instructions and assistance in providing details of
registration and delivery of their New Shares.
Procedures for Distributions to Affected Unsecured Creditors other than Noteholders and Cash Pool Creditors
Based on the documents received by the Monitor pursuant to the Claims Procedure Order and the Meeting Order,
the Monitor shall calculate, with respect to each such Affected Unsecured Creditor, its Affected Unsecured
Creditor's Pro-Rata Share, and the Monitor shall provide all such information to the Applicants and Goodmans at
least three (3) Business Days prior to the Anticipated Implementation Date (unless extended by the Applicants, with
the consent of the Majority Initial Consenting Noteholders).
On the Initial Distribution Date, upon receipt of and in accordance with a written direction of the Monitor prepared
based on the information received by the Monitor pursuant to the Plan, as so directed by the Monitor, the Applicants
shall register and deliver to each such Affected Unsecured Creditor its Affected Unsecured Creditor's Pro-Rata
Share of the LPRC Class A Voting Common Shares and the LPRI Class A Voting Common Shares.
Distributions of LPRC Preferred Shares and LPRI Multiple Voting Common Shares to Subscribing Unsecured
Creditors
On the Initial Distribution Date, upon receipt of and in accordance with a written direction of the Monitor prepared
based on the information received by the Monitor in the New Investment Subscription Election Form, and as so
directed by the Monitor, the Applicants shall register and deliver to the Subscribing Unsecured Creditors the
applicable number of LPRC Preferred Shares and LPRI Multiple Voting Common Shares to be distributed to such
Subscribing Unsecured Creditors.
Disputed Distribution Claims
Any Affected Unsecured Creditor holding a Disputed Distribution Claim will not be entitled to receive any
distribution under the Plan in respect of such Disputed Distribution Claim or any portion thereof unless and until,
and then only to the extent that, such Disputed Distribution Claim becomes an Allowed Affected Unsecured Claim.
Distributions After Disputed Distribution Claim Resolved
(a)
Distributions in relation to a Disputed Distribution Claim of an Affected Unsecured Creditor will
be held by the Applicants, in a segregated account constituting the Disputed Distribution Claims
Reserve, for the benefit of the Affected Unsecured Creditors with Allowed Affected Unsecured
Creditor Claims until the final determination of the Disputed Distribution Claim in accordance
with the Claims Procedure Order and the Plan.
(b)
To the extent that any Disputed Distribution Claim becomes an Allowed Affected Unsecured
Claim in accordance with the Plan, the Applicants shall distribute (on the next Distribution Date)
to the holder of such Allowed Affected Unsecured Claim, the distribution from the Disputed
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Distribution Claims Reserve equal to the distribution that such Affected Unsecured Creditor
would have been entitled to receive in respect of its Allowed Affected Unsecured Claim on the
Initial Distribution Date had such Disputed Distribution Claim been an Allowed Affected
Unsecured Claim on such date.
(c)
On the date that all Disputed Distribution Claims have been finally resolved in accordance with
the Claims Procedure Order and any required distributions contemplated in paragraph (b) above
have been made, LPR Canada shall release to LPRI or LPR Canada any cash or New Shares held
in the Disputed Distribution Claims Reserve, as the case may be.
Extinguishment of Claims
On the Plan Implementation Date, in the sequence set forth in the Plan and in accordance with the provisions of the
Sanction Order and the Sanction Recognition Order, the treatment of Affected Claims (including Allowed Claims
and Disputed Distribution Claims), Equity Interests and all Released Claims, in each case as set forth in the Plan,
shall be final and binding on the Lone Pine Group, all Affected Creditors (and their respective heirs, executors,
administrators, legal personal representatives, successors and assigns) and any Person holding an Equity Interest or a
Released Claim, and all Affected Claims, Equity Interests and all Released Claims shall be fully, finally, irrevocably
and forever released, discharged, cancelled and barred, and the Released Parties shall thereupon have no further
obligation whatsoever in respect of the Affected Claims, Equity Interests and the Released Claims, as applicable,
provided that nothing in the Plan releases the Lone Pine Group or any other Person from their obligations to make
distributions in the manner and to the extent provided for in the Plan, and provided further that such discharge and
release of the Lone Pine Group shall be without prejudice to the right of a Creditor in respect of a Disputed
Distribution Claim to prove such Disputed Distribution Claim in accordance with the Claims Procedure Order so
that such Disputed Distribution Claim may become an Allowed Unsecured Claim entitled to receive consideration
under the Plan.
Guarantees and Similar Covenants
No Person who has a Claim under any guarantee, surety, indemnity or similar covenant in respect of any Claim that
is compromised and released under the Plan, or who has any right to claim over in respect of or to be subrogated to
the rights of any Person in respect of a Claim that is compromised and released under the Plan, shall be entitled to
any greater rights as against the Lone Pine Group than the Person whose Claim is compromised and released under
the Plan.
Multiple Affected Unsecured Claims
Notwithstanding the division of Affected Unsecured Creditors into classes by the Applicants for the purpose of
voting on the Plan, all Affected Unsecured Creditors will participate in the same distribution scheme under the Plan.
At the Effective Time, for distribution purposes under the Plan, in respect of all Affected Unsecured Creditors and
their rights in respect of Affected Unsecured Claims: (a) all guarantees of an Applicant of the payment or
performance by another Applicant with respect to any Affected Unsecured Claim will be deemed eliminated and
cancelled; (b) any Affected Unsecured Claim and all guarantees by an Applicant of any Affected Unsecured Claim
will be treated as a single Affected Unsecured Claim against the Applicants; (c) any joint obligation of any
Applicant with another Applicant will be treated as a single Affected Unsecured Claim against the Applicants; and
(d) each Affected Unsecured Claim in respect of any Applicant will be deemed to be one Affected Unsecured Claim
against, and obligation of, the Applicants.
For certainty, the treatment of Affected Unsecured Claims in the Plan as set out above will not affect the legal and
corporate structures of the Applicants or cause any Applicant to be liable for any Claim for which it is not otherwise
liable.
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Cancellation of Certificates and Notes
Following completion of the steps in the sequence set forth in the Plan, all notes (including the Notes and the Note
Obligations), debentures, certificates, agreements, indentures, statements, bills, invoices, instruments or other
documents representing or evidencing (or purporting to represent or evidence) Affected Claims or Equity Interests
will not entitle any holder thereof or party thereto to any compensation or participation other than as expressly
provided for in the Plan and will be cancelled and be null and void. Notwithstanding the foregoing, the Note
Indenture shall remain in effect for the purpose of and to the extent necessary to: (i) allow the Note Indenture
Trustee to make distributions to the Noteholders on the Initial Distribution Date; and (ii) maintain all of the
protections the Note Indenture Trustee enjoys as against the Noteholders, including its rights with respect to any
distributions under the Plan, until all distributions are made to Noteholders thereunder. Any and all obligations,
including the Note Obligations, of the Lone Pine Group (as borrower, guarantor, surety or otherwise) under and with
respect to the Notes and the Note Indenture shall not continue beyond the Plan Implementation Date.
Currency
Unless specifically provided for in the Plan or the Sanction Order, for the purposes of distributions under the Plan, a
Claim shall be denominated in Canadian dollars and all payments and distributions to the Affected Creditors on
account of their Claims shall be made in Canadian dollars. Any Claims denominated in a foreign currency shall be
converted to Canadian dollars at the Bank of Canada noon exchange rate in effect at the Filing Date.
Interest
Interest shall not accrue or be paid on Affected Claims on or after the Filing Date, and no holder of an Affected
Claim shall be entitled to interest accruing on or after the Filing Date. All accrued and unpaid interest outstanding
on the Effective Date in respect of the Affected Claims will be settled and extinguished for no consideration in
accordance with the Plan.
Allocation of Distributions
All distributions made pursuant to the Plan will be allocated towards the repayment of the principal amount in
respect of an Affected Claim.
Treatment of Undeliverable Distributions
If any distribution to a Person under the Plan is returned as undeliverable, no further distributions to such Person
shall be made unless and until the Lone Pine Group is notified by such Person of such Person's current address, at
which time all such distributions shall be made to such Person. All claims for Undeliverable Distributions must be
made on or before the date that is six (6) months following the final Distribution Date, after which date any
entitlement with respect to such Undeliverable Distribution shall be forever released, discharged, cancelled and
barred, without any compensation therefor, notwithstanding any federal or provincial, territorial, state or local laws
to the contrary, at which time any such Undeliverable Distributions shall be returned to the Applicants. Nothing
contained in the Plan will require the Applicants, the Monitor or any other Person to attempt to locate any holder or
intended recipient of an Undeliverable Distribution. No interest is payable in respect of an Undeliverable
Distribution. Any distribution under the Plan on account of the Notes, if delivered to DTC in accordance with the
provisions hereof, shall be deemed made when delivered to DTC for subsequent distribution to Noteholders in
accordance with the Plan.
Withholding Rights
The Applicants, DTC, the Monitor and/or any other Person making a payment contemplated under the Plan (each, a
"Payor") will be entitled to deduct and withhold from any distributions or other amounts payable to any Person such
amounts as it is required, as determined in the Payor's discretion, acting reasonably, to deduct and withhold with
respect to such payment under the Canadian Tax Act, corresponding provisions of provincial or territorial laws, the
United States Internal Revenue Code of 1986, as amended or any other Applicable Laws. To the extent that
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amounts are so withheld or deducted, such withheld or deducted amounts shall be treated for all purposes as having
been paid to the Person in respect of which such withholding was made, provided that such amounts are actually
remitted to the appropriate Taxing Authority. The Payor is authorized to sell or otherwise dispose of such portion of
any non-cash consideration payable to any such Person as is necessary to provide the Payor with sufficient funds to
enable it to comply with such deduction or withholding requirement or entitlement, and shall notify the applicable
Person thereof and remit to such Person any unapplied balance of the net proceeds of such sale. If such sale is not
reasonably possible, the Payor shall not be required to make any excess payment of consideration or other amounts
until the Person has directly satisfied any such withholding obligation and provides evidence thereof to the Payor.
Fractional Interests
No fractional interests in New Shares will be issued under the Plan. With respect to fractional New Shares that
would otherwise be issuable to an Affected Unsecured Creditor, the entitlement of such Affected Unsecured
Creditor will be adjusted downwards to the nearest whole number of New Shares of that class, as applicable, to
eliminate any such fractional interests, and no compensation will be given for the fractional interest. For certainty,
the LPRC Class A Voting Common Shares resulting from the consolidation of the then-issued LPRC Class A
Voting Common Shares into an aggregate of three (3) LPRC Class A Voting Common Shares pursuant to the Plan
are not New Shares.
Registration of New Shares
Any New Shares issued pursuant to the Plan may, at the Applicants' option, be registered and issued (i) in
certificated form or (ii) in book-entry form pursuant to a direct registration system without issuance of physical
certificates.
Calculations
All amounts of consideration to be received under the Plan will be calculated to the nearest whole cent ($0.01). All
calculations and determinations made by the Monitor and/or the Applicants for the purposes of and in accordance
with the Plan, including, without limitation, the allocation of consideration, shall be conclusive, final and binding
upon the Affected Creditors and the Lone Pine Group.
Share Terms
The rights, privileges, restrictions and conditions attached to New Shares shall be as described in the Plan, in this
Circular and, as applicable, in the Plan Supplement Documents.
Paramountcy
From and after the Effective Time on the Plan Implementation Date, any conflict between:
(a)
the Plan or the Sanction Order; and
(b)
the covenants, warranties, representations, terms, conditions, provisions or obligations, expressed
or implied, of any contract, mortgage, security agreement, indenture, trust indenture, note, loan
agreement, commitment letter, agreement for sale, lease or other agreement, written or oral and
any and all amendments or supplements thereto existing between one or more of the Affected
Creditors and the Applicants as at the Plan Implementation Date and the articles, certificate of
incorporation or bylaws of the Applicants at the Plan Implementation Date;
will be deemed to be governed by the terms, conditions and other provisions of the Plan, any Plan Supplement
Document and the Sanction Order, which shall take precedence and priority; provided, however, that if there is a
conflict between the Plan and any Plan Supplement Document, the Plan Supplement Document shall govern and
control; and provided, further, however, that to the extent that any provision of the Plan or any Plan Supplement
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Document conflicts with or is in any way inconsistent with any provision of the Sanction Order, the Sanction Order
shall govern.
RESTRUCTURED GROUP
The following chart shows the anticipated corporate structure of the Restructured Group following implementation
of the Plan.
Subscribing
Unsecured
Creditors
Affected Unsecured
Creditors (other than
Subscribing Unsecured
Creditors)
LPRI Multiple Voting
Common Shares
LPRC
Preferred Shares
LPRI Class A Voting
Common Shares
LPRC Class A Voting
Common Shares
Lone Pine
Resources Inc.
LPRC
Class C Multiple
Voting Share
New Secured
Lenders
New Credit
Facility
Lone Pine Resources
Canada Ltd.
Lone Pine
Resources
(Holdings) Inc.
Operating
Assets
REQUIRED APPROVALS AND OTHER
CONDITIONS PRECEDENT TO IMPLEMENTATION
Creditor Approval
In accordance with creditor approval requirements under the CCAA, subject to Section 10.4 of the Plan, the
Approval Resolution must be approved at each Meeting by the affirmative vote of the Required Majority of Affected
Unsecured Creditors entitled to vote at the Meeting, being a majority in number representing at least two-thirds in
value of the Voting Claims of all such Affected Unsecured Creditors who are entitled to vote at the Meeting in
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accordance with the Meeting Order and who are present and voting in person or by proxy on the Approval
Resolution at the Meeting.
Court Approvals
Prior to the mailing of this Circular, the Lone Pine Group obtained the Meeting Order providing for, among other
things, the calling and holding of the Meetings, acceptance of filing the Plan with the Court, mailing of this Circular
and other related procedural matters. A copy of the Meeting Order is attached as Schedule B to this Circular.
The Plan cannot be implemented unless approved by the Court pursuant to the CCAA.
If the Approval Resolution is passed by the Required Majorities, then the Lone Pine Group will apply to the Court
for the Sanction Order. The Sanction Hearing is scheduled to take place at the Calgary Courts Centre, 601 – 5th
Street S.W., Calgary, Alberta, Canada commencing on January 9, 2014 at 10:00 a.m. (Calgary time), or so soon
thereafter as counsel may be heard.
Interested parties should consult their legal advisors with respect to the legal rights available to them in
relation to the Plan and the Sanction Hearing.
If the date of the Sanction Hearing is postponed, adjourned or otherwise rescheduled, the Lone Pine Group will
provide notice of the new date by issuing a news release. Persons who wish to receive individual notification of the
date of any adjourned, postponed or otherwise rescheduled Court hearing by facsimile or electronic mail should
contact the Monitor at PricewaterhouseCoopers Inc., as Court-appointed Monitor of the Lone Pine Group, at
PricewaterhouseCoopers Inc., 3100, 111 – 5th Avenue S.W., Calgary, Alberta, T2P 5L3 (Attention: Monitor of the
Lone Pine Group), telephone (403) 509-7366 or email at [email protected], and provide a facsimile
number or an e-mail address for delivery of notice.
Any Person who wishes to oppose the Sanction Hearing must serve on the Lone Pine Group, the Monitor and the
service list a notice setting out the basis for such opposition and a copy of the materials to be used to oppose the
Sanction Hearing by 4:00 p.m. on January 2, 2014.
The authority and discretion of the Court is very broad under the CCAA. The Lone Pine Group has been advised by
its legal counsel, Bennett Jones LLP, that in determining whether to grant the Sanction Order the Court will
consider, among other things, the fairness and reasonableness of the terms and conditions of the Plan. Prior to the
Sanction Hearing, the Court will be advised that the Sanction Hearing and the Sanction Order will be relied upon by
the Lone Pine Group, including the fairness of the terms and conditions of the Debt Exchange thereunder, for the
purpose of relying on the exemption from the registration requirements of the U.S. Securities Act pursuant to
Section 3(a)(10) thereof for the issuance of the new LPRC Class A Voting Common Shares and new LPRI Class A
Voting Common Shares to be distributed pursuant to the Debt Exchange under the Plan.
If the Court grants the Sanction Order following the Sanction Hearing, the Lone Pine Group intends to apply to the
U.S. Court as soon as practicable thereafter for the Sanction Recognition Order pursuant to the U.S. Proceedings.
See "Proceedings under U.S. Bankruptcy Code".
The Plan contemplates that the Sanction Order will, among other things:
(a)
declare that (i) the Plan has been approved by the Required Majorities in conformity with the
CCAA; (ii) the activities of the Lone Pine Group have been in material compliance with the
provisions of the CCAA and the Orders of the Court made in the CCAA Proceeding in all
respects; (iii) the Court is satisfied that the Lone Pine Group has not done or purported to do
anything that is not authorized by the CCAA; and (iv) the Plan and the transactions contemplated
thereby are fair and reasonable;
(b)
declare that as of the Effective Time, the Plan and all associated steps, compromises, transactions,
arrangements, releases and reorganizations effected thereby are approved, binding and effective as
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set out in the Plan upon and with respect to the Lone Pine Group, all Affected Creditors, the
Directors and Officers, the Released Parties and all other Persons named or referred to in, or
subject to, the Plan;
(c)
declare that the steps to be taken and the compromises and releases to be effective on the Plan
Implementation Date are deemed to occur and be effected in the sequence and at the times set
forth in the Plan;
(d)
confirm the amount of the Disputed Distribution Claims Reserve;
(e)
compromise, discharge and release the Lone Pine Group from any and all Affected Claims of any
nature in accordance with the Plan, and declare that the ability of any Person to proceed against
the Applicants or any of the Released Parties in respect of or relating to any Affected Claims shall
be forever discharged and restrained, and all proceedings with respect to, in connection with or
relating to such Affected Claims be permanently stayed, subject only to the right of Affected
Creditors to receive distributions pursuant to the Plan in respect of their Affected Claims;
(f)
declare that all Existing Parent Shares and other Equity Interests are fully, finally and irrevocably
cancelled;
(g)
declare certain Affected Claims to be Equity Claims;
(h)
declare that, subject to performance by the Lone Pine Group of its obligations under the Plan and
except as provided in the Plan, all obligations, agreements or leases to which any of the Applicants
is a party on the Plan Implementation Date shall be and remain in full force and effect,
unamended, as at the Plan Implementation Date and no party to any such obligation or agreement
shall on or following the Plan Implementation Date, accelerate, terminate, refuse to renew,
rescind, refuse to perform or otherwise disclaim or resiliate its obligations thereunder, or enforce
or exercise (or purport to enforce or exercise) any right or remedy under or in respect of any such
obligation or agreement, by reason:
(i)
of any event which occurred prior to, and not continuing after, the Plan Implementation
Date, or which is or continues to be suspended or waived under the Plan, which would
have entitled any other party thereto to enforce those rights or remedies;
(ii)
that the Lone Pine Group has sought or obtained relief or has taken steps as part of the
Plan or under the CCAA;
(iii)
of any default or event of default arising as a result of the financial condition or
insolvency of the Lone Pine Group;
(iv)
of the effect upon the Lone Pine Group of the completion of any of the transactions
contemplated under the Plan; or
(v)
of any compromises, settlements, restructurings, recapitalizations or reorganizations
effected pursuant to the Plan;
(i)
barring, stopping, staying and enjoining the commencing, taking, applying for or issuing or
continuing any and all steps or proceedings, including without limitation, administrative hearings
and orders, declarations or assessments, commenced, taken or proceeded with or that may be
commenced, taken or proceeded with against any Released Party in respect of all Claims and any
matter which is released pursuant to the Plan;
(j)
declare that section 36.1 of the CCAA, sections 95 to 101 of the BIA and any other federal or
provincial law relating to preferences, fraudulent conveyances or transfers at undervalue, shall
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not apply to the Plan or to any payments, distributions, transfers, allocations or transactions made or
completed in connection with the Recapitalization, whether before or after the Filing Date,
including, without limitation, to any and all of the payments, distributions, transfers, allocations
or transactions contemplated by and to be implemented pursuant to the Plan;
(k)
authorize the Monitor to perform its functions and fulfil its obligations under the Plan to facilitate
the implementation of the Plan;
(l)
declare that upon completion by the Monitor of its duties in respect of the Lone Pine Group
pursuant to the CCAA and the Orders, the Monitor may file with the Court a certificate stating that
all of its duties in respect of the Lone Pine Group pursuant to the CCAA and the Orders have been
completed and thereupon, PricewaterhouseCoopers Inc. shall be deemed to be discharged from its
duties as Monitor of the Lone Pine Group and released of all claims relating to its activities as
Monitor;
(m)
subject to payment of any amounts secured thereby, declare that each of the Charges shall be
terminated, discharged and released;
(n)
declare that the Lone Pine Group and the Monitor may apply to the Court for advice and direction
in respect of any matters arising from or under the Plan;
(o)
authorizing and empowering LPR Canada to seek the recognition of the Sanction Recognition
Order; and
(p)
declare the Persons to be appointed to the board of directors of LPRI and LPRC on the Plan
Implementation Date shall be the Persons on a certificate to be filed with the Court by the
Applicants prior to the Plan Implementation Date.
Conditions Precedent to Implementation of the Plan
The Plan provides that implementation thereof is conditional upon satisfaction or waiver of the following conditions
prior to or at the Effective Time, each of which is for the benefit of the Applicants and the Initial Consenting
Noteholders, collectively, and may be waived only by the Applicants and the Majority Initial Consenting
Noteholders, collectively; provided, however, that such conditions shall not be enforceable by the Applicants or the
Initial Consenting Noteholders if any failure to satisfy such conditions results from an action, error, omission by or
are within the control of the party seeking enforcement:
Plan Approval Matters
(a)
the Plan shall have been approved by the Required Majorities and the Court, in each case in a form
consistent with the Support Agreement or otherwise acceptable to the Applicants and the Majority
Initial Consenting Noteholders;
(b)
the Sanction Order: (i) shall have been made prior to January 17, 2014 (or such later date as the
Applicants, the Agent and the Majority Initial Consenting Noteholders may agree); (ii) shall be in
a form consistent with the Plan and the Support Agreement or otherwise acceptable to the
Applicants and the Majority Initial Consenting Noteholders; and (iii) shall have become a Final
Order;
(c)
the Sanction Recognition Order: (i) shall have been made prior to January 31, 2014 (or such later
date as the Applicants, the Agent and the Majority Initial Consenting Noteholders may agree); (ii)
shall be in a form consistent with the Sanction Order, the Plan and the Support Agreement and
otherwise acceptable to the Applicants and the Majority Initial Consenting Noteholders; and (iii)
shall have become a Final Order;
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(d)
all filings under Applicable Laws that are required in connection with the Recapitalization shall
have been made, and any regulatory consents or approvals that are required in connection with the
Recapitalization shall have been obtained and, in the case of waiting or suspensory periods, such
waiting or suspensory periods shall have expired or been terminated;
(e)
there shall not be in effect any preliminary or final decision, order or decree by a Governmental
Entity, no application shall have been made to any Governmental Entity, and no action or
investigation shall have been announced, threatened or commenced by any Governmental Entity,
in consequence of or in connection with the Plan and the Recapitalization that restrains, impedes
or prohibits (or if granted could reasonably be expected to restrain, impede or prohibit) the
implementation of the Plan and the Recapitalization or any material part thereof or requires or
purports to require a variation of the Plan;
Support and Backstop Agreement Matters
(f)
all conditions set out in the Support Agreement and the Backstop Agreement shall have been
satisfied or waived by the applicable parties pursuant to the terms of the Support Agreement and
the Backstop Agreement, as applicable;
(g)
the Majority Initial Consenting Noteholders shall be satisfied that no "change of control"
payments or similar payments or compensation will be payable to any officer of any of the
Applicants solely as a result of the Recapitalization;
(h)
the Support Agreement shall not have been terminated in accordance with its terms;
(i)
the Backstop Agreement shall not have been terminated in accordance with its terms;
LPRC and LPRI Matters
(j)
the form of amended articles of LPRC and amended certificate of incorporation of LPRI,
respectively, to become effective in connection with the implementation of the Plan shall be
acceptable to the Applicants and the Majority Initial Consenting Noteholders;
(k)
the number and terms of the New Shares to be issued pursuant to the Plan shall be acceptable to
the Applicants, the Monitor and the Majority Initial Consenting Noteholders;
(l)
the composition of the Post-Implementation Boards shall be consistent with the Support
Agreement and acceptable to the Applicants and the Majority Initial Consenting Noteholders;
(m)
the Applicants and the Majority Initial Consenting Noteholders shall have agreed on the terms of a
share incentive plan pursuant to which there shall be reserved for issuance, after the Plan
Implementation Date, to management and employees of LPRC and LPRI, such number of shares
of the Applicants as are agreed to by the Applicants and the Majority Initial Consenting
Noteholders, which reserved shares shall, for certainty, be in addition to the New Shares issued on
the Plan Implementation Date;
(n)
except as expressly set out in or contemplated by the Plan or the Orders, or as consented to by the
Majority Initial Consenting Noteholders, neither LPRC nor LPRI shall have, since the Filing Date:
(i) issued or authorized the issuance of any shares, notes, options, warrants or other securities of
any kind (other than Existing Parent Shares), (ii) become subject to any new Encumbrance with
respect to its property; (iii) become liable to pay any new material indebtedness or liability of any
kind; or (iv) entered into any material agreement;
(o)
any securities that are created in connection with the Plan, including the New Shares, when issued
and distributed pursuant to the Plan, shall be duly authorized, validly issued and fully paid and
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non-assessable, and the issuance and distribution thereof shall be exempt from the registration
requirements of the U.S. Securities Act and the prospectus requirements of Canadian provincial
and territorial securities legislation;
(p)
LPRC shall not be a reporting issuer (or equivalent) under the securities legislation of any
province or territory of Canada;
Plan Matters
(q)
the aggregate amount of Disputed Distribution Claims Reserve shall be acceptable to the
Applicants, the Monitor and the Majority Initial Consenting Noteholders and shall have been
confirmed in the Sanction Order;
(r)
the Applicants, the Monitor and the Majority Initial Consenting Noteholders, each acting
reasonably, shall be satisfied with the proposed use of proceeds and payments to be made pursuant
to or in connection with the Recapitalization and the Plan (except as expressly set out in or
contemplated by the Plan or the Orders), including, without limitation, consent fees, transaction
fees, third party fees payable by any of the Applicants to any Person (other than a Governmental
Entity) or amounts payable pursuant to any employment agreement or incentive plan of any of the
Applicants;
(s)
the transaction steps required to complete and implement the Plan shall be in form and in
substance satisfactory to the Applicants and Majority Initial Consenting Noteholders;
(t)
any and all Court-imposed charges on any assets, property or undertaking of the Applicants,
including the Charges, shall be discharged on the Plan Implementation Date on terms acceptable
to the Applicants and the Majority Initial Consenting Noteholders;
(u)
the Plan Implementation Date shall have occurred no later than February 15, 2014 (or such later
date as the Applicants, the Agent and the Majority Initial Consenting Noteholders may agree);
(v)
the Applicants shall have made arrangements for the payment in full of all amounts owing by the
Applicants under or in respect of the Current Credit Facility and the Current Credit Agreement and
the discharge of the Current Bank Security on implementation of the Plan;
(w)
funds in an aggregate amount equal to the New Investment Amount and the LPRI Subscription
Amount shall have been deposited in escrow with the Monitor pursuant to the Plan or delivered to
the Applicants by a Backstopper pursuant to the Backstop Agreement, or available to the
Applicants by drawing upon any letter of credit delivered to the Applicants by a Backstopper
pursuant to the Backstop Agreement;
(x)
LPRC shall have obtained the New Credit Facility on terms acceptable to the Applicants and the
Majority Initial Consenting Noteholders;
(y)
all fees and expenses owing to the Company Advisors, the Noteholder Advisors and the Indenture
Trustee shall have been paid as of the Plan Implementation Date, and the Applicants and the
Majority Initial Consenting Noteholders shall be satisfied that adequate provision has been made
for any fees and expenses due or accruing due to the Company Advisors and the Noteholder
Advisors from and after the Plan Implementation Date; and
(z)
there shall not have occurred after the Filing Date a Material Adverse Change (as that term is
defined in the Support Agreement).
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PROCEEDINGS UNDER U.S. BANKRUPTCY CODE
In order to obtain the assistance of the U.S. Court in effecting the Recapitalization and to ensure enforcement in the
United States of the relief granted in the CCAA Proceeding, LPR Canada, as representative of the Lone Pine Group,
also commenced the U.S. Proceedings on the Filing Date, whereupon the U.S. Court granted and order for
provisional relief providing for, among other things, a stay of proceedings and a prohibition against acceleration or
termination of contractual obligations triggered by the Creditor Protection Proceedings. Final recognition of the
CCAA Proceeding was granted by the U.S. Court on October 18, 2013. As part of the relief granted upon final
recognition, all previously extended provisional relief was granted on a final basis.
LPR Canada, on behalf of the Lone Pine Group, intends to request the continued assistance of the U.S. Court as
necessary or appropriate to enforce further Orders that may be entered in the CCAA Proceeding to effectuate the
Recapitalization, including, but not limited to, the Sanction Order.
The Plan provides that LPR Canada, as authorized representative of the Applicants, shall file a motion with the U.S.
Court for the Sanction Recognition Order as soon as practicable after the Sanction Order is granted.
Implementation of the Plan is conditional upon the Sanction Recognition Order being made prior to January 31,
2014 (or such later date as the Applicants and the Majority Initial Consenting Noteholders may agree).
SUPPORT AGREEMENT
Following extensive arm's length negotiations, the Lone Pine Group and the Initial Consenting Noteholders agreed
on the framework for a restructuring of its business and entered into the Support Agreement on September 24, 2013.
Noteholders representing an aggregate of over 75% of the outstanding principal amount of the Notes are party to the
Support Agreement and have agreed, in accordance with the terms and conditions thereof, to vote in favour of and to
support the Recapitalization and the Plan.
A copy of the Support Agreement is attached as an exhibit to the current report on Form 8-K of LPRI dated
September 25, 2013, which was filed by LPRI with applicable securities regulatory authorities in Canada and with
the SEC, and is available electronically on SEDAR at www.sedar.com and on EDGAR at
www.sec.gov/edgar/searchedgar/companysearch.html.
Subsequent to entering into the Support Agreement, the Lone Pine Group and the Initial Consenting Noteholders
agreed to change the Outside Date under the Support Agreement to February 15, 2014 (or such later date as the
Applicants and the Majority Initial Consenting Noteholders may agree).
Capitalized terms used in this section but not otherwise defined in this Circular have the meanings given to such
terms in the Support Agreement.
Acknowledgments, Agreements and Covenants of the Consenting Noteholders
Under the Support Agreement, each Consenting Noteholder has agreed, among other things:
(a)
to tender or vote (or cause to be tendered or voted) all of its Debt and any other applicable claims,
and any Notes and other applicable claims acquired after the date of the Support Agreement: (i) in
favour of the approval, consent, ratification and adoption of the Recapitalization and the Plan; and
(ii) against the approval, consent, ratification and adoption of any matter or transaction that, if
approved, consented to, ratified or adopted could reasonably be expected to delay, challenge,
frustrate or hinder the consummation of the Recapitalization or the Plan, as applicable, and shall
tender its proxy for any such vote in a timely manner in compliance with any deadlines set forth in
the Meeting Order;
(b)
to support the approval of the Plan by the Court (and in the case of the U.S. Proceedings, by the
U.S. Court), on terms consistent with the Support Agreement;
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(c)
to not take any action, or omit to take any action, to delay, challenge, frustrate or hinder the
consummation of the Recapitalization or implementation of the Plan;
(d)
not to, directly or indirectly, sell, assign, lend, pledge, hypothecate (except with respect to security
generally applying to its investments which does not adversely affect such Consenting
Noteholders' ability to perform its obligations under the Support Agreement) or otherwise transfer
any of its Relevant Notes or other Debt or any interest therein (or permit any of the foregoing with
respect to any of its Relevant Notes or other Debt), or relinquish or restrict the Consenting
Noteholder's right to vote any of the Relevant Notes or other Debt (including without limitation by
way of a voting trust or grant of proxy or power of attorney or other appointment of an attorney or
attorney-in-fact), or enter into any agreement, arrangement or understanding in connection
therewith, except that the Consenting Noteholder may transfer some or all of its Debt to (i) any
other fund managed by the Consenting Noteholder for which the Consenting Noteholder has
discretionary authority to manage or administer funds and continues to exercise investment and
voting authority with respect to the transferred Debt, (ii) any other Consenting Noteholder, or (iii)
any other Person provided such Person agrees to be bound by the terms of the Support Agreement
with respect to the transferred Debt that is subject to such transfer;
(e)
at or prior to the time at which the Recapitalization is completed and the Plan is implemented, to
make or assist the Lone Pine Group to make all necessary notifications to Governmental Entities
and use commercially reasonable efforts to obtain or assist the Lone Pine Group to obtain any and
all required regulatory approvals and/or material third party approvals in connection with the
Recapitalization, in each case at the Lone Pine Group's expense;
(f)
except with the consent of the Lone Pine Group, not to solicit, discuss or negotiate, directly or
indirectly, any alternative transaction to the Plan and the New Investment with any Person (other
than the Lone Pine Group);
(g)
to consent to a stay of any existing and potential defaults under the Notes;
(h)
not to support any other holder of the Notes in taking any enforcement action in respect of the
Notes, and to provide the Note Indenture Trustee or the Lone Pine Group with such directions,
requests or consents as may reasonably be required to prevent or restrain any such enforcement
action;
(i)
that:
(j)
(i)
subject to Section 3(o) of the Support Agreement, LPRI and LPR Canada will honour all
obligations under applicable executive employment agreements and severance
agreements, as the case may be, which provide for aggregate severance payments of not
greater than $3,900,000 based on current base salaries of the officers who are party to
such agreements and current premiums for other benefits for such officers, and such
agreements will not be compromised in connection with the Plan; and
(ii)
LPR Canada has implemented the KERP with a view to maintaining employee
engagement and continuity through the implementation and completion of the Plan;
provided that (A) the aggregate amount to be paid under the KERP shall not exceed
$2,500,000, (B) the KERP payments to the employees (other than the President and Chief
Executive Officer of LPRI and LPR Canada) shall be made on January 31, 2014, and (C)
the KERP payments to the President and Chief Executive Officer of Lone Pine and LPR
Canada shall be made as follows: 50% on January 31, 2014 and the remaining 50% on
implementation of the Plan;
that, following implementation of the Plan, the LPRC Preferred Shares and any other securities
distributed under the Plan may not be freely tradable in Canada, the United States or any other
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jurisdiction and may be subject to resale restrictions under Securities Legislation; and LPRI shall
file or cause to be filed with the SEC and with applicable securities regulatory authorities in
Canada such forms, notices, applications or other documents as may be necessary to seek to
terminate its reporting obligations (or, as applicable, any reporting obligations of its successor)
under Securities Legislation effective as at (or immediately before) the effective time of the Plan
or as soon as practicable thereafter; and
(k)
that, subject to the occurrence of and at the Effective Time, the provisions of the Plan in relation to
the Recapitalization shall include provisions satisfactory to the Lone Pine Group, acting
reasonably, to the effect that at the Effective Time, the Lone Pine Group and their respective
present and former shareholders, officers, directors, employees, auditors, financial advisors, legal
counsel and agents shall be released and discharged from any and all demands, claims, liabilities,
causes of action, debts, accounts, covenants, damages, executions and other recoveries based in
whole or in part on any act or omission, transaction, dealing or other occurrence existing or taking
place on or prior to the date of implementation of the Plan, as the case may be.
Acknowledgments, Agreements and Covenants of the Lone Pine Group
Under the Support Agreement, the Lone Pine Group has agreed, among other things:
(a)
to pursue the completion of the Recapitalization in good faith by way of the Plan;
(b)
to file the Plan on a timely basis consistent with the terms and conditions of the Support
Agreement, and to use their commercially reasonable efforts to achieve approval or sanction of the
Plan by the Court and pursue implementation of the Recapitalization as soon as reasonably
possible and in any event no later than the Outside Date;
(c)
to provide draft copies of all motions or applications and other documents with respect to the
Recapitalization and the Plan that the Lone Pine Group intends to file with the Court or the U.S.
Court to the Noteholder Advisors at least two days prior to the date when the Lone Pine Group
intends to file or otherwise disseminate such documents (or, where circumstances make it
impracticable to allow for two days' review, with as much opportunity for review and comment as
is practically possible in the circumstances), and all such filings shall be acceptable to the Initial
Consenting Noteholders, acting in a manner consistent with the terms of the Support Agreement
and, notwithstanding the foregoing, the Initial Order, the Sanction Order, the Claims Procedure
Order, the Meeting Order and the Plan shall only be submitted to the Court in a form mutually
agreed by the Lone Pine Group and the Initial Consenting Noteholders;
(d)
not to, without the prior consent of Goodmans or the Initial Consenting Noteholders, such consent
not to be unreasonably withheld, amend, modify, replace, terminate, repudiate, disclaim or waive
any rights under or in respect of its Material Contracts (other than as expressly required by such
Material Contracts or in the ordinary course of performing their obligations under such Material
Contracts) in any manner that would reasonably be expected to be Material;
(e)
that following a reasonable advance request by Goodmans or any of the Consenting Noteholders
who are parties to a Noteholder Confidentiality Agreement (which in any case shall not require
more than two Business Days' advance notice), the Lone Pine Group shall, to the extent permitted
by Law and the terms of any confidentiality obligations to which the Lone Pine Group is subject,
and subject to and in accordance with the terms of the Advisor Confidentiality Agreement and
applicable Noteholder Confidentiality Agreement, provide Goodmans or such Consenting
Noteholders, or any of them, as the case may be, with reasonable access to the Lone Pine Group's
books and records (other than books or records that are subject to solicitor-client privilege) for
review in connection with the Recapitalization;
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(f)
not, directly or indirectly through any Representative, without the knowledge and consent of
Goodmans or the Consenting Noteholders, unless otherwise required by the Court: (i) solicit,
initiate, facilitate or encourage an Other Transaction; (ii) participate in any substantive discussions
or negotiations with any Person regarding any Other Transaction; (iii) accept, approve, endorse or
recommend or propose publicly to accept, approve, endorse or recommend any Other Transaction;
or (iv) enter into, or publicly propose to enter into, any agreement in respect of any Other
Transaction; provided, however, that notwithstanding anything to the contrary in the Support
Agreement:
(i)
the Board of Directors retains the right to support an Other Transaction if, after receiving
advice from its advisors and after consulting with the Noteholder Advisors, the Board of
Directors determines that: (A) such Other Transaction would result in (i) the payment of
all amounts due in respect of the Notes in full in cash on or in connection with
implementation of such Other Transaction (including by way of a change of control offer
under the Note Indenture) or (ii) another transaction that is more favourable to the Lone
Pine Group and its stakeholders, including the Noteholders, than the Plan (including the
New Investment thereunder); and (B) the support of such Other Transaction would be
necessary for compliance with their fiduciary duties as directors of a Delaware
corporation; and
(ii)
following satisfaction of the conditions set forth in clause (i) directly above, the Lone
Pine Group shall be entitled to respond to inquiries and take such other steps as may be
necessary to pursue and support such potential Other Transaction;
(g)
that except with the consent of Goodmans or the Consenting Noteholders, the Lone Pine Group
shall, and shall cause their applicable Representatives to, immediately terminate any existing
solicitations, discussions or negotiations with any Person (other than the Consenting Noteholders,
lenders under the Current Credit Agreement and each of their respective representatives) that has
made, indicated any interest in or may reasonably be expected to propose, any Other Transaction;
(h)
to promptly (and in any event within one Business Day of receipt by any of the Lone Pine Group)
notify the Noteholder Advisors, at first orally and thereafter in writing, of any proposal in respect
of any Other Transaction of which it or any of its Representatives are or become aware, any
request for discussions or negotiations, any requests made or responses provided pursuant to the
provisions of Section 4(k) of the Support Agreement, or any other request for non-public
information relating to the Lone Pine Group in connection with any such Other Transaction, or for
access to the books or records of the Lone Pine Group by any person that informs the Lone Pine
Group that it is considering making, or has made, a proposal with respect to any Other Transaction
and any amendment thereto;
(i)
that except as contemplated by the KERP, the Lone Pine Group shall not materially increase
compensation or severance entitlements or other benefits payable to directors, officers or
employees, or make any Bonus Payments whatsoever, other than as required by Law or pursuant
to the terms of existing benefit, bonus, incentive or retention plans or arrangements or
employment or severance contracts that are disclosed in the Information;
(j)
that except as may be ordered by the Court or with the consent of the Consenting Noteholders, or
as contemplated by the Support Agreement and the transactions contemplated hereby, or in respect
of an Other Transaction, none of the Applicants shall amalgamate, consolidate with or merge into,
or sell all or substantially all of their assets to, another entity, or change the nature of their
business or their corporate or capital structure;
(k)
that except as may be ordered by the Court or with the consent of the Consenting Noteholders, or
as contemplated by the Support Agreement and the transactions contemplated hereby, or in respect
of an Other Transaction, the Lone Pine Group shall not: (i) prepay, redeem prior to maturity,
defease, repurchase or make other prepayments in respect of any non-revolving indebtedness; (ii)
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directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or
indirectly liable with respect to any indebtedness of any kind whatsoever (except for indebtedness
that is incurred in the ordinary course of business and that is not Material); or (iii) create, incur,
assume or otherwise cause or suffer to exist or become effective any new lien, charge, mortgage,
hypothec or security interest of any kind whatsoever on, over or against any of their assets or
property (except for any lien, charge, hypothec or security interest that is incurred in the ordinary
course of business and that is not Material);
(l)
to maintain and continue to maintain appropriate insurance coverage in amounts and on terms that
are customary in the industry of the Lone Pine Group;
(m)
to operate its businesses in the ordinary course of business, having regard to the Lone Pine Group's
financial condition; and
(n)
to consult with the Noteholder Advisors, on behalf of the Initial Consenting Noteholders, with
respect to the conduct of Chapter 15 proceedings.
Consenting Noteholder Termination Events
The Consenting Noteholders may terminate the Support Agreement upon the occurrence and, if applicable,
continuation of any of the following events:
(a)
the Plan Implementation Date has not occurred on or before the Outside Date;
(b)
the Lone Pine Group enters into an agreement with respect to an Other Transaction in accordance
with Section 4(k) of the Support Agreement, provided that in such event Lone Pine shall pay to
the Backstoppers the break fee provided for under the Backstop Agreement;
(c)
failure by the Lone Pine Group to comply in all material respects with, or default by the Lone Pine
Group in the performance or observance of, any material term, condition, covenant or agreement
set forth in the Support Agreement, which, if capable of being cured, is not cured within five
Business Days after the receipt of written notice of such failure or default and provided that, for
greater certainty, no cure period shall apply with respect to any termination pursuant to paragraph
(a), (b) or (f) of this Section;
(d)
any representation, warranty or acknowledgement of any Applicant made in the Support
Agreement shall prove untrue in any material respect as of the date when made;
(e)
the issuance of any final decision, order or decree by a Governmental Entity, in consequence of or
in connection with the Recapitalization, which restrains or impedes in any material respect or
prohibits the Recapitalization or any material part thereof or requires or purports to require a
material variation of the Recapitalization;
(f)
the appointment of a receiver, interim receiver, receiver and manager, trustee in bankruptcy,
liquidator or administrator in respect of LPR Canada, unless such event occurs with the prior
written consent of the Consenting Noteholders;
(g)
the amendment, modification or filing of a pleading by the Lone Pine Group seeking to amend or
modify the Recapitalization Terms or the Plan, or any material document or Order relating thereto,
if such amendment or modification is not acceptable to the Consenting Noteholders, acting in a
manner consistent with the terms of the Support Agreement;
(h)
if as a result of (A) one or more terminations of the Support Agreement as to one or more
Breaching Noteholders pursuant to Section 13(b) of the Support Agreement or (B) one or more
terminations of its obligations under the Support Agreement by one or more Objecting
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Noteholders pursuant to Section 18(m) of the Support Agreement, the aggregate amount of
Relevant Notes held by the Consenting Noteholders that remain party to the Support Agreement
equals less than two-thirds of the aggregate amount of Notes; or
(i)
the Consenting Noteholders determine, acting reasonably, that there is no reasonable prospect that
the conditions set forth in Section 8 of the Support Agreement will be satisfied or waived by the
Outside Date; provided that the Consenting Noteholders' right to terminate the Support Agreement
under this provision shall only be exercisable by the Consenting Noteholders if they have
requested and received a written notice from the Lone Pine Group confirming the Lone Pine
Group's unconditional inability to satisfy any such conditions, which response shall be provided
within three Business Days of any such request.
BACKSTOP AGREEMENT
In connection with entering into the Support Agreement, the Lone Pine Group and the Backstoppers entered into the
Backstop Agreement pursuant to which the Backstoppers agreed, among other things, to ensure completion of the
New Investment by purchasing all LPRC Preferred Shares that are not purchased by other Affected Unsecured
Creditors eligible to participate in the New Investment. As additional consideration for their Affected Unsecured
Claims, each Backstopper will receive its Backstopper's Pro-Rata Share of the Backstop Amount, which is equal to
4% of the New Investment Amount.
The Lone Pine Group also agreed under the Backstop Agreement to pay to the Backstoppers (other than any
Defaulting Backstoppers) a break fee of US$2,000,000 if it enters into an agreement with respect to an Other
Transaction, which amount would be payable to such Backstoppers on a pro rata basis based on the principal
amount of their Notes.
A copy of the Backstop Agreement is attached as an exhibit to the current report on Form 8-K of LPRI dated
September 25, 2013, which was filed by LPRI with applicable securities regulatory authorities in Canada and with
the SEC, and is available electronically on SEDAR at www.sedar.com and on EDGAR at
www.sec.gov/edgar/searchedgar/companysearch.html.
Subsequent to entering into the Backstop Agreement, the Lone Pine Group and the Backstoppers agreed to change
the deadline under the Backstop Agreement for completion of the New Investment to February 15, 2014 (or such
later date as the Applicants and the Initial Backstoppers may agree).
Capitalized terms used in this section but not otherwise defined in this Circular have the meanings given to such
terms in the Support Agreement.
Conditions Precedent
The respective obligations of each of LPRI and the Backstoppers to complete the transactions contemplated in the
Backstop Agreement are subject to the reasonable satisfaction of the following conditions prior to or at the Effective
Time, each of which is for the mutual benefit of the Lone Pine Group, on the one hand, and the Backstoppers, on the
other hand, and may be waived, in whole or in part, jointly by the Lone Pine Group and the Consenting Noteholders:
(a)
the Plan, as filed and approved, shall be acceptable to LPRI and the Initial Backstoppers;
(b)
all conditions precedent to implementation of the Plan shall have been satisfied or waived in
accordance with the terms of the Plan;
(c)
there shall not be any actions, investigations or proceedings, including appeals and applications for
review, in progress, or to the knowledge of LPRI or the Backstoppers, pending or threatened, by
or before any Governmental Entity, in relation to the LPRC Preferred Shares or the New
Investment, any of which is reasonably likely to be successful against LPRI and which operates to
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prevent or restrict the lawful distribution of the LPRC Preferred Shares (which prevention or
restriction is continuing);
(d)
there shall not be any order issued by a Governmental Entity pursuant to Applicable Laws, nor
shall there be any change of applicable Law, in either case which operates to prevent or restrict the
lawful distribution of the Preferred Shares (which prevention or restriction is continuing); and
(e)
the Parties shall have performed all of their material obligations under and in accordance with the
Backstop Agreement and the Support Agreement.
The obligations of the Backstoppers to complete the purchase of the Backstopped Shares are subject to satisfaction
of the following conditions on or before the Plan Implementation Date, each of which is for the benefit of the
Backstoppers and may be waived, in whole or in part, by the Initial Backstoppers:
(f)
all actions required to be taken by or on behalf of LPRI, including the passing of all requisite
resolutions of the directors of LPRI and all requisite filings with, or approvals, orders, rulings and
consents of, any Governmental Entity will have occurred on or prior to the Plan Implementation
Date, so as to validly authorize the New Investment, the creation and issuance of the LPRC
Preferred Shares and the purchase of Backstopped Shares by the Backstoppers as contemplated by
the Backstop Agreement (but excluding, for greater certainty, such filings, approvals, orders,
rulings and consents, as may be required to permit the Backstoppers to acquire all of the LPRC
Preferred Shares that may be issued to them pursuant to the New Investment and the Backstop
Agreement);
(g)
except as contemplated by the Backstop Agreement, the terms of the New Investment and the
LPRC Preferred Shares shall not have been changed in any material respect;
(h)
the representations and warranties of the Lone Pine Group contained in the Backstop Agreement
and the Support Agreement continue to be true and correct except as such representations and
warranties may be affected by the occurrence of events or transactions contemplated and permitted
by the Backstop Agreement and the Support Agreement or where the failure of such
representations and warranties to be true and correct would not reasonably be expected to result in
a Material Adverse Change;
(i)
there shall not have occurred after the date of the Backstop Agreement a Material Adverse
Change; and
(j)
there shall not exist, after giving effect to the Recapitalization and the other transactions
contemplated by the Backstop Agreement and the Support Agreement and assuming
implementation of the Plan, any Material default or event of default under any Material Contract
now in effect that will remain in effect following the Plan Implementation Date (other than those
defaults or events of default that are remedied, waived, stayed, extinguished or otherwise in any
way rendered inoperative as part of the CCAA Proceeding).
Each of the Lone Pine Group and the Backstoppers agree that it will use commercially reasonable efforts to cause
the conditions set forth above to be satisfied on or before the Plan Implementation Date to the extent that such
conditions relate to acts to be performed or caused to be performed by such Party.
Backstopper Termination Events
The Backstoppers may terminate the Backstop Agreement upon the occurrence and, if applicable, continuation of
any of the following events:
(a)
the Support Agreement has been terminated for any reason;
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(b)
the New Investment is not completed on or before February 15, 2014 (or such other date as the
Lone Pine Group and the Initial Backstoppers may agree in writing);
(c)
failure by any Applicant to comply in all material respects with, or default by any Applicant in the
performance or observance of, any material term, condition, covenant or agreement set forth in the
Backstop Agreement or the Support Agreement, which is not cured within five Business Days
after the receipt of written notice of such failure or default;
(d)
if any representation or warranty of the Lone Pine Group made in the Backstop Agreement or the
Support Agreement shall prove untrue in any material respect as of the date when made;
(e)
if any order is issued by a Governmental Entity pursuant to Applicable Laws, or if there is any
change of Law, either of which operates to prevent or restrict the lawful distribution of the LPRC
Preferred Shares; and
(f)
the occurrence of a Material Adverse Change after the date of the Backstop Agreement.
New Backstoppers
A Qualifying Affected Creditor that is not already a Backstopper may become a new Backstopper by executing and
delivering to the Lone Pine Group and the other Backstoppers, not later than 3:00 p.m. (Calgary time) on January
13, 2014, both: (i) a Backstop Joinder; and (ii) if the Qualifying Affected Creditor is a Noteholder and not already a
party to the Support Agreement, a Support Joinder.
The Assigned Commitment shall be as calculated and specified in the Backstop Joinder. Upon execution and
delivery of a Backstop Joinder and, as applicable, a Support Joinder, the other Backstoppers shall be deemed to have
severally assigned to the new Backstoppers such portion of the total Backstop Commitment as is equal to the
Assigned Commitment, and the amount of total Backstop Commitment assigned by each other Backstopper shall be
its pro rata share of the Assigned Commitment (based on the fraction that its respective Backstop Commitment
immediately prior to the assignment to the Additional Backstopper represents of the New Investment).
Any Affected Unsecured Creditor who wishes to become a Backstopper should contact Brendan O'Neill of
Goodmans by telephone at (416) 849-6017 or by email at [email protected]. Goodmans is counsel to the Initial
Consenting Noteholders.
SECURITIES REGULATORY CONSIDERATIONS
Termination of reporting status under applicable securities laws
Canada
LPRI is currently a reporting issuer under the securities legislation of each province of Canada other than Quebec
and therefore subject to timely and periodic disclosure obligations thereunder. LPR Canada is not currently a
reporting issuer in any Canadian jurisdiction.
LPRI intends to apply to the applicable Canadian securities regulatory authorities for an order that it be deemed to
no longer be a reporting issuer under the securities legislation of any Canadian jurisdiction, such that its reporting
obligations thereunder shall terminate in connection with the Implementation Date. To the extent necessary such
order will also apply to LPR Canada.
It is a condition precedent to implementation of the Plan that LPRI shall have ceased to be a reporting issuer under
applicable Canadian securities laws.
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United States
As an issuer that has previously filed a registration statement with the SEC pursuant to the U.S. Securities Act, LPRI
is currently subject to reporting obligations under U.S. federal securities laws pursuant section 15(d) of the U.S.
Exchange Act. Although LPR Canada has also previously filed a registration statement with the SEC in respect of
the outstanding Notes, it is exempt from the requirements of section 15(d) of the U.S. Securities Act as a subsidiary
issuer of a guaranteed debt security pursuant to applicable SEC rules and regulations.
On or as soon as practicable following the Implementation Date, LPRI intends to take all such steps as are available
to it under U.S. federal securities laws to terminate and/or suspend its reporting obligations under section 15(d) of
the U.S. Exchange Act or any other provision of U.S. federal securities laws.
Issuance and resale of securities distributed under the Recapitalization
The following is a general summary of certain Canadian and U.S. federal securities laws applicable to the
Recapitalization. All Persons are urged to consult their own counsel to ensure compliance with applicable
securities laws, including in connection with resales of any security issued pursuant to the Recapitalization.
Canada
The issuance and distribution of the New Shares pursuant to the Plan will be exempt from the prospectus
requirements of Canadian securities legislation, to the extent applicable, pursuant to section 2.11 of National
Instrument 45-106 – Prospectus and Registration Exemptions of the Canadian Securities Administrators. As a
consequence, certain protections, rights and remedies provided by such laws, including statutory rights of rescission
or damages, will not be available in respect of the New Shares.
Any subsequent trade of New Shares in Canada will be subject to resale restrictions, and if LPRI or LPR Canada, as
applicable, as issuer of the New Shares proposed to be traded, is not a reporting issuer in a Canadian jurisdiction
then such restrictions will generally require that the trade qualify for a further exemption from the prospectus
requirements. The certificates for the New Shares shall have a legend which will provide that unless permitted
under securities legislation, the holder of the security must not trade the security before the date that is four months
and a day after the later of (i) the distribution date, and (ii) the date the issuer became a reporting issuer in any
province or territory.
As noted above, LPRI intends to apply to the applicable Canadian securities regulatory authorities for an order
terminating its status as a reporting issuer under the securities legislation of any Canadian jurisdiction.
United States
The Lone Pine Group intends that the issuance and distribution, pursuant to the Plan, of: (a) the new LPRC Class A
Voting Common Shares and new LPRI Class A Voting Common Shares in exchange for Affected Unsecured
Claims (including, in the case of each Noteholder, its Affected Unsecured Claim in respect of the Notes and
including all rights in respect thereof, including for greater certainty, in respect of the guarantee by LPRI of the
Notes) will be exempt from the registration requirements of the U.S. Securities Act pursuant to one or both of
Section 3(a)(9) and Section 3(a)(10) thereof; and (b) the new LPRC Preferred Shares and new LPRI Multiple Voting
Common Shares to be issued in connection with the New Investment will be exempt from the registration
requirements of the U.S. Securities Act pursuant to Section 4(a)(2) thereof or Regulation D promulgated thereunder.
The new LPRC Preferred Shares and new LPRI Multiple Voting Common Shares will be offered only to accredited
investors as that term is defined in Rule 501 of Regulation D under the U.S. Securities Act.
The certificates for the new LPRC Preferred Shares and new LPRI Multiple Voting Common Shares will bear a
legend providing notice that the securities have not been registered under the U.S. Securities Act or the securities
laws of any state or other jurisdiction. The legend will provide that such securities are "restricted securities" for
purposes of the U.S. Securities Act and may not be offered or resold unless such securities have been registered
under the U.S. Securities Act or an exemption from such registration requirements is available. The Plan also
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provides that, upon the granting of the Sanction Order, any Person named or referred to in the Plan, and the heirs,
administrators, executors, legal personal representatives, successors and assigns of any such Person, shall act in
good faith to ensure the intended treatment of the issuance and distribution of the New Shares set forth in the Plan.
The following discussion is a general overview of certain requirements of U.S. federal securities laws that may be
applicable to Affected Unsecured Creditors in the United States. All Affected Unsecured Creditors are urged to
consult with their own legal counsel to ensure that any subsequent resale of securities issued to them under the
Recapitalization complies with applicable U.S. securities laws.
The following discussion does not address the Canadian securities laws that will apply to the issuance to or the
resale by Affected Unsecured Creditors within Canada of securities of the Lone Pine Group. Affected Unsecured
Creditors reselling their securities in Canada must comply with all applicable Canadian securities laws.
Exemption from the registration requirements of the U.S. Securities Act
The Lone Pine Group intends that the issuance and distribution of the new LPRC Class A Voting Common Shares
and new LPRI Class A Voting Common Shares in exchange for Affected Unsecured Claims (including, in the case
of each Noteholder, its Affected Unsecured Claim in respect of the Notes and the guarantee by LPRI of the Notes) to
Affected Unsecured Creditors pursuant to the Debt Exchange will be exempt from the registration requirements of
the U.S. Securities Act pursuant to one or both of Section 3(a)(9) and Section 3(a)(10) thereof.
Section 3(a)(9) of the U.S. Securities Act exempts from the registration requirements of the U.S. Securities Act the
issuance of any security exchanged by an issuer with its existing security holders exclusively where no commission
or other remuneration is paid or given directly or indirectly for soliciting such exchange of securities.
Section 3(a)(10) of the U.S. Securities Act exempts from the registration requirements of the U.S. Securities Act the
issuance of any security issued in exchange for one or more bona fide outstanding securities, claims or property
interests or partly in such exchange and partly for cash, where the terms and conditions of such issuance and
exchange are approved, after a hearing upon the fairness of such terms and conditions at which all persons to whom
it is proposed to issue securities in such exchange shall have the right to appear, by a court or governmental
authority expressly authorized by law to grant such approval. In accordance with the requirements of the SEC, the
Lone Pine Group will advise the Court prior to the Sanction Hearing that the new LPRC Class A Voting Common
Shares and new LPRI Class A Voting Common Shares will not be registered under the U.S. Securities Act in
reliance upon the Section 3(a)(10) exemption and that such reliance will be based on the Court's approval of the
fairness of the terms and conditions of the Plan, including the fairness of the terms and conditions of the Debt
Exchange. In connection with the Sanction Hearing the Court will determine the fairness of the terms and
conditions of the Plan, including the fairness of the terms and conditions of the Debt Exchange. Accordingly, the
Lone Pine Group believes that the Sanction Order will, if granted, constitute a basis for the exemption from the
registration requirements of the U.S. Securities Act with respect to the new LPRC Class A Voting Common Shares
and new LPRI Class A Voting Common Shares issued pursuant to the Plan.
The Lone Pine Group intends that the issuance and distribution of the new LPRC Preferred Shares and new LPRI
Multiple Voting Common Shares to Subscribing Unsecured Creditors pursuant to the New Investment will be
exempt from the registration requirements of the U.S. Securities Act pursuant to Section 4(a)(2) thereof or
Regulation D promulgated thereunder. The new LPRC Preferred Shares and new LPRI Multiple Voting Common
Shares will be offered only to accredited investors as that term is defined in Rule 501 of Regulation D under the U.S.
Securities Act.
Resales of LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares after completion of the
Recapitalization
Persons who are not affiliates of the Lone Pine Group after the Recapitalization (and were not affiliates of the Lone
Pine Group prior to the Recapitalization) may resell the new LPRC Class A Voting Common Shares and the new
LPRI Class A Voting Common Shares that they receive in the Debt Exchange without restriction under the U.S.
Securities Act. A Person who will be an affiliate of the Lone Pine Group after the Recapitalization (or was an
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affiliate of the Lone Pine Group within 90 days of the Plan Implementation Date) will be subject to certain
restrictions on resale imposed by the U.S. Securities Act. As defined in Rule 144 under the U.S. Securities Act, an
"affiliate" of an issuer is a Person that, directly or indirectly through one or more intermediaries, controls, is
controlled by, or is under common control with, the issuer and may include certain officers and directors of such
issuer as well as principal shareholders of such issuer.
Persons who are affiliates (as defined above) of the Lone Pine Group after the Recapitalization (or who were
affiliates of the Lone Pine Group within 90 days of the Plan Implementation Date) may not resell the New Shares
that they receive in the Recapitalization in the absence of registration under the U.S. Securities Act, unless an
exemption from registration is available, such as the exemptions contained in Rule 144 or Regulation S under the
U.S. Securities Act. LPRI is a domestic issuer under U.S. securities laws. Pursuant to Rule 905 of Regulation S
under the U.S. Securities Act, equity securities of domestic issuers acquired from the issuer, a distributor, or any of
their respective affiliates in a transaction subject to the conditions of Rule 901 or Rule 903 of Regulation S under the
U.S. Securities Act are deemed to be "restricted securities" as defined in Rule 144 under the U.S. Securities Act.
Resales of any of such restricted securities by an offshore purchaser must be made in accordance with this
Regulation S under the U.S. Securities Act, the registration requirements under the U.S. Securities Act or an
exemption therefrom. Any "restricted securities," as defined in Rule 144 under the U.S. Securities Act, that are
equity securities of a domestic issuer will continue to be deemed to be restricted securities, notwithstanding that they
were acquired in a resale transaction made pursuant to Regulation S under the U.S. Securities Act.
Resales of LPRC Preferred Shares and LPRI Multiple Voting Common Shares after completion of the
Recapitalization
The new LPRC Preferred Shares and the new LPRI Multiple Voting Common Shares to be issued upon the election
of an Affected Unsecured Creditor will be "restricted securities" within the meaning of Rule 144 under the U.S.
Securities Act. Share certificates representing such new LPRC Preferred Shares and new LPRI Multiple Voting
Common Shares will bear a legend to that effect, and such shares issuable may not be offered or resold unless such
securities have been registered under the U.S. Securities Act or an exemption from such registration requirements is
available, such as the exemptions contained in Rule 144 or Regulation S under the U.S. Securities Act. LPRI is a
domestic issuer under U.S. securities laws. Pursuant to Rule 905 of Regulation S under the U.S. Securities Act,
equity securities of domestic issuers acquired from the issuer, a distributor, or any of their respective affiliates in a
transaction subject to the conditions of Rule 901 or Rule 903 of Regulation S under the U.S. Securities Act are
deemed to be "restricted securities" as defined in Rule 144 under the U.S. Securities Act. Resales of any of such
restricted securities by an offshore purchaser must be made in accordance with this Regulation S under the U.S.
Securities Act, the registration requirements under the U.S. Securities Act or an exemption therefrom. Any
"restricted securities," as defined in Rule 144 under the U.S. Securities Act, that are equity securities of a domestic
issuer will continue to be deemed to be restricted securities, notwithstanding that they were acquired in a resale
transaction made pursuant to Regulation S under the U.S. Securities Act.
Applicability of state securities laws
In addition to complying with the U.S. Securities Act, any resale of securities received in the Recapitalization within
the United States must be made in compliance with any applicable state securities laws. Persons who wish to sell
securities within the United States should consult with legal counsel as to the applicability of any such laws.
Stock exchange listings
The New Shares distributed under the Plan will not be listed on any stock exchange,
Trading in LPRI's common stock on the TSX was halted on September 25, 2013, and LPRI's common stock was
subsequently delisted on October 31, 2013. Trading in LPRI's common stock on the NYSE was suspended on
September 16, 2013, and LPRI's common stock was subsequently removed from listing and registration on the
NYSE on October 22, 2013. As a result of LPRI's financial position and the Creditor Protection Proceedings, its
outstanding equity securities have no value and will be cancelled under any plan of compromise and arrangement
including the Plan.
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Since the New Shares will not be listed on any stock exchange, no corporation in the Restructured Group will be a
"public company" and, as a consequence, the New Shares may constitute "taxable Canadian property", within the
meaning of the Canadian Tax Act, to holders who are non-residents of Canada, resulting in potential Canadian tax
consequences. See "Income Tax Considerations – Certain Canadian Federal Income Tax Considerations – NonResidents of Canada".
MONITOR'S REPORT
PricewaterhouseCoopers Inc. was appointed the Monitor of the Lone Pine Group pursuant to the Initial Order.
Copies of various non-confidential documents filed with the Court by the Monitor and other parties in connection
with the CCAA Proceeding, including previously-filed reports of the Monitor to the Court, are available to Affected
Unsecured Creditors and other interested parties on the Website.
On December 10, 2013, the Monitor filed the Monitor's Report with the Court and subsequently posted a copy to the
Website. A complete copy of the Monitor's Report is attached as Schedule E to this Circular. Affected
Unsecured Creditors and other interested parties are recommended to carefully review the Monitor's Report in its
entirety before making any decisions with respect to the Plan or voting at the applicable Meeting(s).
The stated purpose of the Monitor's Report is to, among other things, provide the Monitor's assessment of the Plan
and recommendations thereon, provide the Court with a detailed analysis of the value of the Lone Pine Group's
various oil and gas properties, other non-core assets and certain potential contingent claims, and provide the
Monitor's views on the RBC sales process referred to above under "Background to the Recapitalization".
The Monitor's Report sets out the Monitor's conclusion that the Plan is, in its view, fair and reasonable,
including the fact that the Plan provides for no recovery for Equity Claimants. More particularly, the
Monitor's Report expresses the Monitor's views that:
(a)
the Plan provides for payments to Cash Pool Creditors which will exceed the payment that the Cash Pool
Creditors would likely receive in a liquidation;
(b)
the New Shares will have an implied value that is greater than the low range of the potential recoveries for
unsecured creditors under a liquidation (although there is no certainty that Affected Unsecured Creditors
who receive these shares will be able to trade them unless a liquidity event such as a public offering or a
secondary market develops in the future);
(c)
implementation of the Plan is beneficial as it will result in the preservation of the business of the Lone Pine
Group as a going concern, thereby providing additional benefit to employees, suppliers and joint venture
partners; and
(d)
based on the Monitor's liquidation analysis as described in the Monitor's Report, and the Monitor’s analysis
and conclusion relative to the recoveries for the contingent litigation claims, the Existing Shareholders have
no economic interest in Lone Pine Group.
RECOMMENDATION OF THE BOARD OF DIRECTORS
Following receipt of advice and assistance of the Company Advisors, independent legal counsel to the Board of
Directors and the Monitor, and having considered the aggregate interests of all stakeholders of the Lone Pine Group,
the Board of Directors carefully evaluated the terms and conditions of the Plan and unanimously determined that the
Plan is in the best interests of the Lone Pine Group, approved the Plan, and resolved to recommend that Affected
Unsecured Creditors vote in favour of the Approval Resolution.
During the course of its deliberations and in reaching these determinations and approvals the Board of Directors
carefully considered many factors, including among others the following:
- 86 
The inability of the Lone Pine Group to meet its payment obligations outside of the Creditor
Protection Proceedings.

The extensive and thorough strategic alternatives review process conducted by the Lone Pine
Group since the middle of 2012 with the assistance of RBC and other financial advisors, which
involved extensive contacts and discussions with third parties and advice from the Company
Advisors and the independent legal counsel to the Board of Directors, and the failure of that
process to generate any alternate transaction that would allow the Lone Pine Group to meet its
obligations.

The determination that the only options available to the Lone Pine Group are the Plan or
liquidation.

The support of Noteholders representing an aggregate of over 75% of the outstanding principal
amount of the Notes as at the date hereof, who have agreed to vote in favour of and to support the
Recapitalization and the Plan in accordance with the terms and conditions of the Support
Agreement.

The ability of the Board of Directors to consider and respond to Other Proposals subject to the
terms and conditions set forth in the Support Agreement.

The risk factors described in this Circular and potential tax liabilities.

The challenges faced by the Lone Pine Group to meet its expected cash requirements, including to
service and repay its existing debt.

The impact on the Lone Pine Group and its stakeholders, including employees, creditors and
shareholders, of possible alternatives to the Recapitalization, including the sale of assets or
liquidation of the Lone Pine Group, and the risks associated with such alternatives, including the
timing and uncertainties associated with successfully completing such alternatives.

The fact that if the Recapitalization is not completed, there would be no assurance that the Lone
Pine Group would be able to complete a restructuring of its businesses or that any such
restructuring will be on terms that provide equivalent value to Affected Unsecured Creditors
compared to the consideration to be received by Affected Unsecured Creditors pursuant to the
Recapitalization and the Plan.

The expectation that a liquidation of the Lone Pine Group's assets appears to be the likely result in
the event the Plan is not implemented, and that a liquidation would not provide equivalent value to
Affected Unsecured Creditors compared to the consideration to be received by Affected
Unsecured Creditors pursuant to the Plan.

The required approvals of the Recapitalization by the Affected Unsecured Creditors, the Court and
regulatory authorities.
The foregoing discussion of the information and factors considered by the Board of Directors is not intended to be
exhaustive, but includes the material factors considered by the Board of Directors. In view of the variety of factors
considered in connection with its evaluation of the Recapitalization, the Board of Directors did not find it practicable
to, and did not, quantify or otherwise assign relative weights to the specific factors considered in reaching their
recommendations. In addition, individual members of the Board of Directors may have given differing weights to
the different factors.
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INCOME TAX CONSIDERATIONS
The following summaries are of a general nature only and are not intended to be, nor should they be construed to be,
legal or tax advice to any particular Noteholder. Consequently, Noteholders are urged to consult their own tax
advisors for advice as to the tax considerations in respect of the Recapitalization having regard to their particular
circumstances.
Certain Canadian Federal Income Tax Considerations
The following is a summary of the principal Canadian federal income tax considerations, pursuant to the Canadian
Tax Act, generally applicable as of the date hereof, to Beneficial Noteholders and to Existing Shareholders
(collectively, each is hereinafter referred to as a "Securityholder") who, for the purposes of the Canadian Tax Act
and at all relevant times, (i) deal at arm's length with and are not affiliated with the Lone Pine Group; (ii) hold their
Notes and Existing Parent Shares, as the case may be, and will hold their LPRC Class A Voting Common Shares,
LPRC Class B Non-Voting Common Shares, LPRC Preferred Shares, LPRI Class A Voting Common Shares, and
LPRI Multiple Voting Common Shares, as the case may be, as capital property; and (iii) who dispose, or are deemed
to have disposed, of their Notes or Existing Parent Shares, as applicable, pursuant to the Recapitalization, or who
otherwise acquire LPRC Preferred Shares and LPRI Multiple Voting Common Shares pursuant to the
Recapitalization or who acquire LPRC Class B Non-Voting Common Shares pursuant to the conversion of LPRC
Preferred Shares. The Notes, Existing Parent Shares, LPRC Class A Voting Common Shares, LPRC Class B NonVoting Common Shares, LPRC Preferred Shares, LPRI Class A Voting Common Shares, and LPRI Multiple Voting
Common Shares, as the case may be, will generally be considered to be capital property to a Securityholder
provided that such Securityholder does not hold such securities in the course of carrying on a business and has not
acquired them in a transaction or transactions considered to be an adventure or concern in the nature of trade.
This summary does not apply to a Securityholder: (i) that is a "financial institution" for purposes of the "mark-tomarket" rules; (ii) that is a "specified financial institution"; (iii) that is a partnership; (iv) an interest in which would
be a "tax shelter investment"; (v) that has elected to determine its Canadian tax results in a foreign currency pursuant
to the functional currency reporting rules, (vi) for whom LPRI would constitute a "foreign affiliate"; (vii) that is
exempt from tax under Part I of the Canadian Tax Act (which includes a trust governed by a registered retirement
savings plan ("RRSP"), registered retirement income fund ("RRIF"), tax-free savings account ("TFSA") registered
education savings plan, deferred profit sharing plan or registered disability savings plan (collectively, "Deferred
Plans")), all within the meaning of the Canadian Tax Act; or (vi) that has entered or will enter into, in respect of the
Notes, Existing Parent Shares, LPRC Class A Voting Common Shares, LPRC Class B Non-Voting Common Shares,
LPRC Preferred Shares, LPRI Class A Voting Common Shares, or LPRI Multiple Voting Common Shares, as the
case may be, a "synthetic disposition arrangement" or a "derivative forward agreement" as those terms are defined in
the Proposed Amendments (as defined herein). Such Securityholders should consult with their own tax advisors to
determine the particular Canadian federal income tax consequences to them of the Recapitalization. The
Recapitalization may have adverse Canadian federal income tax consequences to a holder of Notes that is a Deferred
Plan and, in particular that is an RRSP, RRIF, or TFSA, and such holders, if any, are strongly encouraged to consult
their own tax advisors. This summary does not discuss the Canadian federal income or other tax implications of the
Recapitalization to any other person, including, without limitation Cash Pool Creditors, holders of Options, or
participants in the KERP.
This summary assumes that LPRI will, at all relevant times, be a non-resident of Canada for the purposes of the
Canadian Tax Act.
This summary is based on the facts set out in this Circular, the assumptions set out herein, the current provisions of
the Canadian Tax Act and the regulations thereto in force as at the date of this Circular, all specific proposals to
amend the Canadian Tax Act publicly announced by or on behalf of the Minister of Finance (Canada) before the
date hereof (the "Proposed Amendments") and the Lone Pine Group's understanding of the current published
administrative policies and assessing practices of the Canada Revenue Agency (the "CRA"). Except for the
Proposed Amendments, this summary does not take into account or anticipate any changes in law, whether by
legislative, governmental or judicial action, nor does it take into account any provincial, territorial or foreign income
tax legislation or considerations which may differ significantly from the Canadian federal income tax considerations
- 88 -
discussed herein. No assurance can be given that the Proposed Amendments will be enacted in the form publicly
announced or at all.
This summary is of a general nature only and is not exhaustive of all possible Canadian federal income tax
considerations applicable to the Recapitalization. The income and other tax consequences of acquiring, holding or
disposing of securities will vary depending on a purchaser's particular status and circumstances, including the
country, province or territory in which the Securityholder resides or carries on business. This summary is not
intended to be, nor should it be construed to be, legal or tax advice to any particular Securityholder. No
representations are made with respect to the income tax consequences to any particular Securityholder.
Securityholders should consult their own tax advisors for advice with respect to the income tax consequences
of the Recapitalization in their particular circumstances, including the application and effect of the income
and other tax laws of any applicable country, province, state or local tax authority.
This summary does not discuss any non-Canadian income or other tax consequences of the Recapitalization.
Securityholders resident or subject to taxation in a jurisdiction other than Canada should be aware that the
Recapitalization may have tax consequences both in Canada and in such other jurisdiction. Such consequences are
not described herein. Securityholders should consult with their own tax advisors with respect to their particular
circumstances and the tax considerations applicable to them. See "Income Tax Considerations – Certain U.S.
Federal Income Tax Considerations".
Exchange Rates
All amounts, including the cost of, interest or dividends, received and accrued on, and proceeds of disposition from
Notes, Existing Parent Shares, LPRC Class A Voting Common Shares, LPRC Class B Non-Voting Common Shares,
LPRC Preferred Shares, LPRI Class A Voting Common Shares, or LPRI Multiple Voting Common Shares, as the
case may be, must be determined in Canadian dollars at applicable exchange rates for the purposes of the Canadian
Tax Act. Any amount denominated in U.S. dollars must be converted into Canadian dollars, generally at the
exchange rate quoted by the Bank of Canada as its noon rate on the date the amount first arose. The amount of
interest, dividends, and any capital gain or capital loss of a Securityholder may be affected by fluctuations in
Canadian dollar exchange rates.
Residents of Canada
The following discussion applies to Securityholders who, for the purposes of the Canadian Tax Act and any
applicable income tax treaty or convention, and at all relevant times, are residents of Canada (each, a "Canadian
Holder").
Debt Exchange
On the Plan Implementation Date, at the times specified in the Plan, all accrued and unpaid interest in respect of the
Notes will be settled and extinguished for no consideration and the Notes held by any Beneficial Noteholder will be
irrevocably exchanged and transferred in consideration for the issuance of LPRC Class A Voting Common Shares
and LPRI Class A Voting Common Shares and, in respect of any Noteholder that is a Backstopper, the delivery of
such Noteholder's share of the Backstop Amount.
Disposition of Notes
A Canadian Holder will be considered to have disposed of its Notes upon the exchange and transfer of such
Canadian Holder's Notes pursuant to the Plan.
Generally, a Canadian Holder will realize a capital gain (or sustain a capital loss) on the transfer of its Notes equal to
the amount by which the proceeds of disposition exceed (or are exceeded by) the adjusted cost base to the Canadian
Holder of the Notes, plus any reasonable costs of disposition. The tax treatment of any such capital gain (or capital
loss) is as described below under "Income Tax Considerations – Certain Canadian Federal Income Tax
Considerations – Residents of Canada – Taxation of Capital Gains and Capital Losses".
- 89 -
A Canadian Holder's proceeds of disposition of its Notes will be an amount equal to the aggregate fair market value
(at the time of the exchange) of the LPRC Class A Voting Common Shares and LPRI Class A Voting Common
Shares and, if applicable, the Canadian Holder's share of the Backstop Amount, received in exchange for the Notes.
The Lone Pine Group intends to take the position that the Notes are being exchanged for aggregate consideration
consisting of the LPRC Class A Voting Common Shares, the LPRI Class A Voting Common Shares, and the
Backstop Amount, all allocated to the principal amount of the Notes. If all or a portion of such consideration is not
considered to be received as consideration for the settlement of the Notes, Canadian Holders may be required to
include an amount in income for Canadian federal income tax purposes. Canadian Holders should consult their
own tax advisors.
A Canadian Holder that is a corporation, partnership, unit trust or any trust of which a corporation or partnership is a
beneficiary will generally be required to include in income the amount of interest accrued or deemed to accrue on
the Notes up to the Plan Implementation Date or that became receivable or was received on or before the Plan
Implementation Date, to the extent that such amounts have not otherwise been included in the Canadian Holder's
income for the year or a preceding taxation year. Any other Canadian Holder, including an individual, will be
required to include in income for a taxation year any interest on the Notes received or receivable by such Canadian
Holder in the year (depending upon the method regularly followed by the Canadian Holder in computing income)
except to the extent that such amount was otherwise included in its income for the year or a preceding taxation year.
Where a Canadian Holder is required to include an amount in income on account of interest on the Notes, the
Canadian Holder should be entitled to a deduction of an equivalent amount in computing income, to the extent that
such amounts were not received and did not become receivable by the Canadian Holder. A Canadian Holder of
Notes that is a "Canadian-controlled private corporation" (as defined in the Canadian Tax Act) may be liable to pay
an additional refundable tax of 6⅔% on certain investment income including amounts in respect of interest.
Acquisition of LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares
A Canadian Holder who acquires LPRC Class A Voting Common Shares and LPRI Class A Voting Common
Shares in exchange for the exchange and transfer of its Notes will be considered to have acquired such LPRC Class
A Voting Common Shares and LPRI Class A Voting Common Shares at an aggregate cost equal to their fair market
value at the time such shares are issued.
Dividends on LPRC Class A Voting Common Shares
A Canadian Holder that is an individual (other than certain trusts) will be required to include in computing the
Canadian Holder's income for a taxation year any taxable dividends received or deemed to be received on the LPRC
Class A Voting Common Shares. Such taxable dividends will be subject to the gross-up and dividend tax credit
rules in the Canadian Tax Act, including the enhanced dividend tax credit rules applicable to any dividend validly
designated as an "eligible dividend" by LPR Canada. There can be no assurance that any dividend paid by LPR
Canada will be designated as an "eligible dividend". Dividends realized by an individual (other than certain trusts)
may give rise to a liability for alternative minimum tax under the Canadian Tax Act.
A Canadian Holder that is a corporation will be required to include taxable dividends received or deemed to be
received on the LPRC Class A Voting Common Shares in computing its income for tax purposes and generally will
be entitled to deduct the amount of such dividends in computing its taxable income. Certain corporations, including
private corporations or subject corporations (as such terms are defined in the Canadian Tax Act), may be liable to
pay a refundable tax under Part IV of the Canadian Tax Act at the rate of 33 ⅓% of the dividends received or
deemed to be received on the LPRC Class A Voting Common Shares to the extent that such dividends are deductible
in computing taxable income.
Dispositions of LPRC Class A Voting Common Shares or LPRI Class A Voting Common Shares
A Canadian Holder who disposes of or is deemed to dispose of LPRC Class A Voting Common Shares or LPRI
Class A Voting Common Shares, as the case may be, will generally realize a capital gain (or sustain a capital loss) to
the extent that the Canadian Holder's proceeds of disposition, net of any reasonable costs of disposition, exceed (or
are less than) the adjusted cost base of such shares to the Canadian Holder. The tax treatment of such capital gain
(or capital loss) is as described below under "Income Tax Considerations – Certain Canadian Federal Income Tax
- 90 Considerations – Residents of Canada – Taxation of Capital Gains and Capital Losses". In determining a Canadian
Holder's adjusted cost base of the LPRC Class A Voting Common Shares or LPRI Class A Voting Common Shares,
as the case may be, reference will need to be made to the cost-averaging rules in the Canadian Tax Act.
New Investment
Acquisition of LPRC Preferred Shares and LPRI Multiple Voting Common Shares
A Canadian Holder who participates in the New Investment and who accordingly acquires LPRC Preferred Shares
and LPRI Multiple Voting Common Shares will be considered to have acquired the LPRC Preferred Shares at a cost
equal to such Canadian Holder's share of the New Investment Amount paid by such Canadian Holder and to have
acquired the LPRI Multiple Voting Common Shares at a cost equal to such Canadian Holder's share of the LPRI
Subscription Amount paid by such Canadian Holder.
Dividends on LPRC Preferred Shares
A Canadian Holder that receives or is deemed to have received a taxable dividend on the LPRC Preferred Shares
will be subject to the same Canadian federal income tax treatment as that described above under "Income Tax
Considerations – Certain Canadian Federal Income Tax Considerations – Residents of Canada – Transfer of Notes
to LPR Canada – Dividends on LPRC Class A Voting Common Shares". In addition, the LPRC Preferred Shares
will be "taxable preferred shares" as defined in the Canadian Tax Act and, as a consequence, a Canadian Holder
which is a corporation (other than a private corporation) may be subject to a tax of 10% under Part IV.1 of the
Canadian Tax Act on taxable dividends received or deemed to be received on the LPRC Preferred Shares. Canadian
Holders should consult their own tax advisors.
Conversion of LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares
The conversion of the LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares will not generally
constitute a disposition of property for purposes of the Canadian Tax Act and, accordingly, will not give rise to a
capital gain or capital loss.
The cost to a Canadian Holder of the LPRC Class B Non-Voting Common Shares received on the conversion will,
subject to the averaging rules contained in the Canadian Tax Act, be deemed to be equal to the Canadian Holder's
adjusted cost base of the converted LPRC Preferred Shares immediately before the conversion.
A Canadian Holder that receives or is deemed to have received a taxable dividend on the LPRC Class B Non-Voting
Common Shares will be subject to the same Canadian federal income tax treatment as that described above under
"Income Tax Considerations – Certain Canadian Federal Income Tax Considerations – Residents of Canada –
Transfer of Notes to LPR Canada - Dividends on LPRC Class A Voting Common Shares".
Disposition of LPRC Preferred Shares, LPRI Multiple Voting Common Shares, or LPRC Class B Non-Voting
Common Shares
A Canadian Holder who disposes of or is deemed to dispose of LPRC Preferred Shares (on the redemption of such
shares or otherwise but not including on a conversion), LPRI Multiple Voting Common Shares, or LPRC Class B
Non-Voting Common Shares, as the case may be, will generally realize a capital gain (or sustain a capital loss) to
the extent that the Canadian Holder's proceeds of disposition, net of any reasonable costs of disposition, exceed (or
are less than) the adjusted cost base of such shares to the Canadian Holder. The amount of any deemed dividend
arising on the redemption, acquisition or cancellation by LPR Canada of LPRC Preferred Shares (as discussed
below) will generally not be included in computing the Canadian Holder's proceeds of disposition for purposes of
computing the capital gain (or capital loss) arising on the disposition of such LPRC Preferred Shares. In determining
a Canadian Holder's adjusted cost base of the LPRC Preferred Shares, LPRI Multiple Voting Common Shares, or
LPRC Class B Non-Voting Common Shares, as the case may be, reference will need to be made to the costaveraging rules in the Canadian Tax Act.
- 91 -
If LPR Canada redeems the LPRC Preferred Shares or otherwise acquires or cancels the LPRC Preferred Shares
(other than by a purchase by LPR Canada of the LPRC Preferred Shares in the open market in the manner in which
shares are normally purchased by any member of the public in the open market), the Canadian Holder will be
deemed to have received a dividend equal to the amount, if any, paid by LPR Canada in excess of the paid-up capital
(as determined for purposes of the Canadian Tax Act) of such LPRC Preferred Shares at such time. In the case of a
Canadian Holder that is a corporation, it is possible that in certain circumstances all or part of any such deemed
dividend may be treated as proceeds of disposition and not as a dividend.
Specified Foreign Property
The Canadian Tax Act imposes information reporting requirements on most Canadian residents that hold "specified
foreign property" (as such term is defined in the Canadian Tax Act) having an aggregate cost amount of
Cdn.$100,000 at any time in a taxation year or fiscal period. The LPRI Class A Voting Common Shares and the
LPRI Multiple Voting Common Shares will be specified foreign property for these purposes. Canadian Holders
should consult their own tax advisors to determine whether they are or may be subject to these reporting
requirements. Canadian Holders are advised to consult their own tax advisors for a detailed understanding of the
foreign investment entity rules in the Canadian Tax Act, and their potential applicability to an investment in LPRI,
including the LPRI Class A Voting Common Shares and the LPRI Multiple Voting Common Shares.
Existing Shareholders – Cancellation of Existing Parent Shares
The Recapitalization will result in the cancellation of the Existing Parent Shares and all other remaining Equity
Interests in LPRI (other than the LPRI Class A Common Shares and the LPRI Multiple Voting Common Shares
created and issued pursuant to the Plan) for nil consideration.
A Canadian Holder will realize a capital loss on the cancellation of its Existing Parent Shares equal to the adjusted
cost base to the Canadian Holder of such Existing Parent Shares, plus any reasonable costs of disposition. The tax
treatment of any such capital loss is the same as described below in respect of capital losses under "Income Tax
Considerations – Certain Canadian Federal Income Tax Considerations – Residents of Canada – Taxation of
Capital Gains and Capital Losses".
A deemed dividend will not arise on the cancellation of the Existing Parent Shares.
Taxation of Capital Gains and Capital Losses
Generally, one-half of any capital gain realized in a taxation year will be included in computing the Canadian
Holder's income in that taxation year as a taxable capital gain and, generally, one-half of any capital loss realized in
a taxation year (an "allowable capital loss") must be deducted from the taxable capital gains realized by the
Canadian Holder in the same taxation year, in accordance with the rules contained in the Canadian Tax Act.
Allowable capital losses in excess of taxable capital gains realized by a Canadian Holder in a particular taxation year
may be carried back and deducted in any of the three preceding taxation years or carried forward and deducted in
any subsequent taxation year against net taxable capital gains realized by the Canadian Holder in such taxation year,
subject to and in accordance with the rules contained in the Canadian Tax Act. Capital gains realized by an
individual may give rise to a liability for alternative minimum tax under the Canadian Tax Act. Taxable capital
gains of a "Canadian-controlled private corporation", as defined in the Canadian Tax Act, may be subject to an
additional refundable tax at a rate of 6⅔%.
The amount of any capital loss realized by a Canadian Holder that is a corporation on the disposition of a LPRC
Class A Voting Common Share, a LPRC Class B Non-Voting Share, or a LPRC Preferred Share, as the case may be,
may be reduced by the amount of dividends received or deemed to be received by it on such share (or on a share for
which the share has been substituted) to the extent and under the circumstances prescribed by the Canadian Tax Act.
Similar rules may apply where a corporation is a member of a partnership or a beneficiary of a trust that owns
shares, directly or indirectly through a partnership or a trust. Canadian Holders to whom these rules may apply
should consult their own tax advisors.
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Non-Residents of Canada
The following discussion applies to a Securityholder who, for the purposes of the Canadian Tax Act and any
applicable income tax treaty or convention, and at all relevant times, is not resident in, and is not deemed to be
resident in, Canada and does not use or hold the Notes or the Existing Parent Shares, as the case may be, and will
not use LPRC Class A Voting Common Shares, LPRC Class B Non-Voting Common Shares, LPRC Preferred
Shares, LPRI Class A Voting Common Shares, or LPRI Multiple Voting Common Shares, as the case may be, in
carrying on a business in Canada (each, a "Non-Resident Holder"). In addition, this discussion does not apply to an
insurer who carries on an insurance business in Canada and elsewhere or an authorized foreign bank that carries on a
Canadian banking business. Such Non-Resident Holders should consult their own tax advisors.
The following discussion assumes that the Notes do not constitute "taxable Canadian property" within the meaning
of the Canadian Tax Act to any particular Non-Resident Holder.
Debt Exchange
On the Plan Implementation Date, at the times specified in the Plan, all accrued and unpaid interest in respect of the
Notes will be settled and extinguished for no consideration and the Notes held by any Beneficial Noteholder will be
irrevocably exchanged and transferred in consideration for the issuance of LPRC Class A Voting Common Shares
and LPRI Class A Voting Common Shares and, in respect of any Noteholder that is a Backstopper, the delivery of
such Noteholder's share of the Backstop Amount.
Disposition of Notes
A Non-Resident Holder will be considered to have disposed of its Notes upon the exchange and transfer of such
Non-Resident Holder's Notes pursuant to the Plan.
Provided that the Notes do not constitute "taxable Canadian property", within the meaning of the Canadian Tax Act,
to a Non-Resident Holder, no taxes will be payable under the Canadian Tax Act by a Non-Resident Holder upon the
transfer of their Notes pursuant to the Plan.
Acquisition of LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares
A Non-Resident Holder who acquires LPRC Class A Voting Common Shares and LPRI Class A Voting Common
Shares in exchange for the transfer of its Notes will be considered to have acquired such LPRC Class A Voting
Common Shares and LPRI Class A Voting Common Shares at an aggregate cost equal to their fair market value at
the time such shares are issued.
Dividends on LPRC Class A Voting Common Shares
Dividends paid or credited or deemed under the Canadian Tax Act to be paid or credited to a Non-Resident Holder
will generally be subject to Canadian withholding tax at a rate of 25% on the gross amount of such dividend, subject
to any applicable reduction in the rate of withholding pursuant to any applicable income tax treaty or convention.
For example, the withholding rate is generally reduced under the Canada-United States Tax Convention (1980), as
amended (the "US Treaty") to 15% if the beneficial owner of such dividend is a resident of the United States who is
a qualifying person for purposes of the US Treaty. The rate of withholding tax is further reduced to 5% if the
beneficial owner of such dividend is a United States resident company that is a qualifying person for purpose of the
US Treaty and that owns at least 10% of the voting stock of LPR Canada. Non-Resident Holders who may be
eligible for a reduced rate of withholding tax on dividends pursuant to any applicable income tax treaty or
convention should consult with their own tax advisors with respect to taking all appropriate steps in this regard.
Dispositions of LPRC Class A Voting Common Shares or LPRI Class A Voting Common Shares
It is not anticipated that either the LPRC Class A Voting Common Shares or the LPRI Class A Voting Common
Shares will be listed on the TSX, NYSE or any other "designated stock exchange" within the meaning of the
- 93 -
Canadian Tax Act. On that basis, the LPRC Class A Voting Common Shares and the LPRI Class A Voting
Common Shares will generally constitute "taxable Canadian property", within the meaning of the Canadian Tax Act,
to a Non-Resident Holder where, at any time during the 60-month period immediately preceding a disposition of the
shares, more than 50% of the fair market value of the shares is derived, directly or indirectly, from one or any
combination of: (a) real or immoveable property situated in Canada, (b) "Canadian resource properties" (as defined
in the Canadian Tax Act), (c) "timber resource properties" (as defined in the Canadian Tax Act), and (d) any option
in respect of, or interest in, such properties. As LPRI's sole material asset is shares of LPR Canada, and based on the
current properties of LPR Canada, which consist primarily of "Canadian resource properties", it is anticipated that
the LPRC Class A Voting Common Shares and the LPRI Class A Voting Common Shares will constitute "taxable
Canadian property" to a Non-Resident Holder at the time of a disposition of such shares by the Non-Resident
Holder. This may have a significant impact on the Non-Resident Holder's liability for tax and requirement to file tax
returns under the Canadian Tax Act. Non-Resident Holders should consult their own tax advisors.
Where the LPRC Class A Voting Common Shares or the LPRI Class A Voting Common Shares, as the case may be,
of a Non-Resident Holder constitute "taxable Canadian property" and do not constitute "treaty-protected property",
both within the meaning of the Canadian Tax Act, a Non-Resident Holder who disposes of or is deemed to dispose
of the LPRC Class A Voting Common Shares or the LPRI Class A Voting Common Shares, as the case may be, will
generally realize a capital gain (or sustain a capital loss) to the extent that the Non-Resident Holder's proceeds of
disposition, net of any reasonable costs of disposition, exceed (or are less than) the adjusted cost base of such shares
to the Non-Resident Holder. In determining a Non-Resident Holder's adjusted cost base of the LPRC Class A
Voting Common Shares and the LPRI Class A Voting Common Shares, as the case may be, reference will need to
be made to the cost-averaging rules in the Canadian Tax Act. The tax consequences to a Non-Resident Holder of
such capital gain or loss will generally be the same as described above under "Income Tax Considerations – Certain
Canadian Federal Income Tax Considerations – Residents of Canada – Taxation of Capital Gains and Capital
Losses".
Where a Non-Resident Holder disposes of LPRC Class A Voting Common Shares or LPRI Class A Voting
Common Shares, as the case may be, which constitute "taxable Canadian property" and do not constitute "treatyprotected property", both within the meaning of the Canadian Tax Act, to the Non-Resident Holder, such NonResident Holder may be required to give notice of any such disposition and obtain a clearance certificate from the
CRA under section 116 of the Canadian Tax Act, failing which the purchaser will generally withhold and remit to
the CRA 25% of the gross purchase price of such shares. Even where an amount has been withheld and remitted by
the purchaser to the CRA, Non-Resident Holders may nevertheless be required to notify the CRA within 10 days of
the disposition of taxable Canadian property. Failure to do so can give rise to an assessment for penalties and
interest. Such a Non-Resident Holder may also be required to file a tax return in Canada reporting any such
disposition for each year in which a disposition occurs. Non-Resident Holders who dispose of "taxable Canadian
property" should consult their own tax advisors for advice having regard to their particular circumstances including
regarding any resulting Canadian tax reporting requirements.
New Investment
Acquisition of LPRC Preferred Shares and LPRI Multiple Voting Common Shares
A Non-Resident Holder who participates in the New Investment and who accordingly acquires LPRC Preferred
Shares and LPRI Multiple Voting Common Shares will be considered to have acquired the LPRC Preferred Shares
at a cost equal to such Non-Resident Holder's share of the New Investment Amount paid by such Non-Resident
Holder and to have acquired the LPRI Multiple Voting Common Shares at a cost equal to such Non-Resident
Holder's share of the LPRI Subscription Amount paid by such Non-Resident Holder.
It is anticipated that the LPRC Preferred Shares and the LPRI Multiple Voting Common Shares will constitute
"taxable Canadian property" to a Non-Resident Holder. See the discussion above under "Income Tax
Considerations – Certain Canadian Federal Income Tax Considerations – Non-Residents of Canada – Transfer of
Notes to LPR Canada – Dispositions of LPRC Class A Voting Common Shares or LPRI Class A Voting Common
Shares".
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Dividends on LPRC Preferred Shares
A Non-Resident Holder that receives or is deemed to have received a taxable dividend on the LPRC Preferred
Shares will be subject to the same Canadian federal income tax treatment as that described above under "Certain
Canadian Federal Income Tax Considerations – Non-Residents of Canada – Transfer of Notes to LPR Canada –
Dividends on LPRC Class A Voting Common Shares".
If LPR Canada redeems the LPRC Preferred Shares or otherwise acquires or cancels the LPRC Preferred Shares
(other than by a purchase by LPR Canada of the LPRC Preferred Shares in the open market in the manner in which
shares are normally purchased by any member of the public in the open market), LPR Canada will be deemed to
have paid a dividend equal to the amount, if any, paid by LPR Canada in excess of the paid-up capital (as
determined for purposes of the Canadian Tax Act) of such LPRC Preferred Shares at such time. Generally, the
difference between the amount paid and the amount of the deemed dividend will be treated as proceeds of
disposition for purposes of computing the capital gain or capital loss arising on the disposition of such shares.
Conversion of LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares
The conversion of the LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares by a Non-Resident
Holder will not generally constitute a disposition of property for purposes of the Canadian Tax Act and, accordingly,
will not give rise to a capital gain or capital loss. The cost to a Non-Resident Holder of the LPRC Class B NonVoting Common Shares received on the conversion will, subject to the averaging rules contained in the Canadian
Tax Act, be deemed to be equal to the Non-Resident Holder's adjusted cost base of the converted LPRC Preferred
Shares immediately before the conversion.
Where the LPRC Preferred Shares of a Non-Resident Holder to be converted into LPRC Class B Non-Voting
Common Shares constitute "taxable Canadian property", within the meaning of the Canadian Tax Act, to the NonResident Holder at the time of the conversion, the requirements of section 116 of the Canadian Tax Act may need to
be complied with prior to the release of the LPRC Class B Non-Voting Common Shares by LPR Canada to the NonResident Holder. Where the LPRC Preferred Shares of a Non-Resident Holder to be converted into LPRC Class B
Non-Voting Common Shares constitute "taxable Canadian property", within the meaning of the Canadian Tax Act,
to the Non-Resident Holder, the LPRC Class B Non-Voting Common Shares issued to the Non-Resident Holder will
be deemed to be "taxable Canadian property" at any time that is within 60 months of the conversion. Non-Resident
Holders who wish to convert LPRC Preferred Shares which constitute "taxable Canadian property" should consult
their own tax advisors for advice having regard to their particular circumstances including regarding any resulting
Canadian tax reporting requirements.
A Non-Resident Holder that receives or is deemed to have received a taxable dividend on the LPRC Class B NonVoting Common Shares will be subject to the same Canadian federal income tax treatment as that described above
under "Income Tax Considerations – Certain Canadian Federal Income Tax Considerations – Non-Residents of
Canada – Transfer of Notes to LPR Canada - Dividends on LPRC Class A Voting Common Shares".
Dispositions of LPRC Preferred Shares, LPRI Multiple Voting Common Shares, or LPRC Class B Non-Voting
Shares
Where the LPRC Preferred Shares, LPRI Multiple Voting Common Shares, or LPRC Class B Non-Voting Shares,
as the case may be, of a Non-Resident Holder constitute "taxable Canadian property" and do not constitute "treatyprotected property", both within the meaning of the Canadian Tax Act, a Non-Resident Holder who disposes of or is
deemed to dispose of the LPRC Preferred Shares (including on a redemption but not including on a conversion),
LPRI Multiple Voting Common Shares, or LPRC Class B Non-Voting Common Shares will generally realize a
capital gain (or sustain a capital loss) to the extent that the Non-Resident Holder's proceeds of disposition, net of any
reasonable costs of disposition, exceed (or are less than) the adjusted cost base of such shares to the Non-Resident
Holder. In determining a Non-Resident Holder's adjusted cost base of the LPRC Preferred Shares, LPRI Multiple
Voting Common Shares, or LPRC Class B Non-Voting Common Shares, as the case may be, reference will need to
be made to the cost-averaging rules in the Canadian Tax Act. The tax consequences to a Non-Resident Holder of
such capital gain or loss will generally be the same as described above under "Income Tax Considerations – Certain
- 95 Canadian Federal Income Tax Considerations – Residents of Canada – Taxation of Capital Gains and Capital
Losses".
Where a Non-Resident Holder disposes of LPRC Preferred Shares, LPRI Multiple Voting Common Shares, or
LPRC Class B Non-Voting Common Shares, as the case may be, which constitute "taxable Canadian property" and
do not constitute "treaty-protected property", both within the meaning of the Canadian Tax Act, to the Non-Resident
Holder, such Non-Resident Holder may be required to give notice of any such disposition and obtain a clearance
certificate from the CRA under section 116 of the Canadian Tax Act, failing which the purchaser will generally
withhold and remit to the CRA 25% of the gross purchase price of such shares. Even where an amount has been
withheld and remitted by the purchaser to the CRA, except on a conversion of LPRC Preferred Shares, NonResident Holders may nevertheless be required to notify the CRA within 10 days of the disposition of taxable
Canadian property. Failure to do so can give rise to an assessment for penalties and interest. Such a Non-Resident
Holder may also be required to file a tax return in Canada reporting any such disposition for each year in which a
disposition occurs. Non-Resident Holders who dispose of "taxable Canadian property" should consult their own tax
advisors for advice having regard to their particular circumstances including regarding any resulting Canadian tax
reporting requirements.
Existing Shareholders – Cancellation of Existing Parent Shares
The Recapitalization will result in the cancellation of the Existing Parent Shares and all other remaining Equity
Interests in LPRI (other than the LPRI Class A Common Shares and the LPRI Multiple Voting Common Shares
created and issued pursuant to the Plan) for nil consideration.
The Existing Parent Shares have been delisted from the NYSE and the TSX and will not be listed on another
"designated stock exchange" within the meaning of the Canadian Tax Act. As the Existing Parent Shares derive
greater than 50% of their value from "Canadian resource properties" within the meaning of the Canadian Tax Act,
the Existing Parent Shares will constitute "taxable Canadian property" within the meaning of the Canadian Tax Act
to a Non-Resident Holder. Unless such Existing Parent Shares constitute "treaty-protected property", within the
meaning of the Canadian Tax Act, to a Non-Resident Holder, such Non-Resident Holder will be required to give
notice of the disposition within 10 days of the Plan Implementation Date. Failure to do so can give rise to an
assessment for penalties and interest. Such a Non-Resident Holder may also be required to file a tax return in
Canada reporting any such disposition for each year in which a disposition.
Where a Non-Resident Holder of Existing Parent Shares is a resident of the United States who is a qualifying person
for purposes of the US Treaty, the Existing Parent Shares held by such Non-Resident Holder should generally
constitute "treaty protected property" for the purposes of the Canadian Tax Act.
Non-Resident Holders whose Existing Parent Shares do not constitute "treaty-protected property" within the
meaning of the Canadian Tax Act should consult their own tax advisors for advice and assistance in respect
of their Canadian federal income tax filing obligations.
A deemed dividend will not arise on the cancellation of the Existing Parent Shares held by a Non-Resident Holder.
Consequences to LPR Canada
Debt Forgiveness
The Recapitalization will result, among other things, in the settlement or extinguishment of the Notes and all
accrued and unpaid interest thereon. The "forgiven amount", as defined in the Canadian Tax Act, arising from the
Recapitalization will reduce, in prescribed order, certain tax attributes of LPR Canada, including non-capital losses,
net capital losses, undepreciated capital cost of depreciable property, cumulative eligible capital, resource
expenditures, and the adjusted cost base of certain capital property (the "Tax Shield"). Generally, one half of the
amount by which the forgiven amount exceeds the Tax Shield will be required to be included in LPR Canada's
income for the taxation year in which the Plan Implementation Date takes place, subject to a potential off-setting
deduction for insolvent corporations. Based on LPR Canada's currently available Tax Shield, the Lone Pine Group
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does not anticipate that the settlement or extinguishment of the Notes will result in any income inclusion or in any
Canadian federal income tax liability to LPR Canada.
Dividends on LPRC Preferred Shares
The LPRC Preferred Shares will constitute "taxable preferred shares" for the purposes of the Canadian Tax Act.
Accordingly, LPR Canada will, subject to certain exceptions, be subject to a tax under Part VI.1 of the Canadian Tax
Act on dividends paid or deemed to be paid on the LPRC Preferred Shares. Although LPR Canada will also be
entitled to deduct 3.5 times the amount of any Part VI.1 tax payable in computing its taxable income, because LPR
Canada does not anticipate having any taxable income in the foreseeable future, such deduction is not anticipated to
reduce LPR Canada's overall tax burden under Part I of the Canadian Tax Act. LPR Canada does not currently
anticipate any liability for Part VI.1 tax.
Certain U.S. Federal Income Tax Considerations
TO ENSURE COMPLIANCE WITH U.S. TREASURY DEPARTMENT CIRCULAR 230, PARTICIPANTS
IN THE PLAN ARE HEREBY NOTIFIED THAT: (1) ANY DISCUSSION OF U.S. FEDERAL TAX
ISSUES IN THIS CIRCULAR IS NOT INTENDED OR WRITTEN BY LPR CANADA TO BE RELIED
UPON, AND CANNOT BE RELIED UPON, BY PARTICIPANTS IN THE PLAN FOR THE PURPOSE OF
AVOIDING PENALTIES THAT MAY BE IMPOSED ON PARTICIPANTS IN THE PLAN UNDER THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED (THE "CODE"); (2) SUCH DISCUSSION IS
WRITTEN IN CONNECTION WITH THE PROMOTION OR MARKETING OF THE TRANSACTIONS
OR MATTERS ADDRESSED HEREIN; AND (3) PARTICIPANTS IN THE PLAN SHOULD SEEK
ADVICE BASED ON THEIR PARTICULAR CIRCUMSTANCES FROM THEIR OWN INDEPENDENT
TAX ADVISORS.
The following is a discussion of the material U.S. federal income tax considerations to U.S. holders (as defined
below), relating to (i) the exchange of the Notes for LPRC Class A Voting Common Shares and LPRI Class A
Voting Common Shares (and in the case of certain U.S. Holders, a portion of the Backstop Amount) pursuant to the
Plan (referred to herein as the "Note Exchange"), (ii) the ownership and disposition of the LPRC Class A Voting
Common Shares and LPRI Class A Voting Common Shares, (iii) the effect of the Plan on holders of Existing Parent
Shares and (iv) the ownership and disposition of LPRC Preferred Shares and the LPRC Class B Non-Voting
Common Shares into which they are convertible and the LPRI Multiple Voting Common Shares. This discussion is
based on U.S. federal income tax law, including the provisions of the Code, Treasury Regulations promulgated
under the Code (the "Treasury Regulations"), administrative rulings and judicial authority, all as in effect as of the
date of this Circular. Subsequent developments in U.S. federal income tax law, including changes in law or
differing interpretations, which may be applied retroactively, could have a material effect on the U.S. federal income
tax consequences of participating in the Plan and of owning and disposing of the LPRC Class A Voting Common
Shares and LPRI Class A Voting Common Shares received in respect of the Notes and the ownership and
disposition of LPRC Preferred Shares, LPRC Class B Non-Voting Common Shares, and LPRI Multiple Voting
Common Shares, in each case as described in this discussion. No assurance can be given that the Internal Revenue
Service (the "IRS") will not challenge one or more of the tax results described in this discussion, and no ruling from
the IRS has been, or will be, sought with respect to the U.S. federal tax consequences of the Plan or the ownership
and disposition of the LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares received in
respect of the Notes, the LPRC Preferred Shares, LPRC Class B Non-Voting Common Shares or the LPRI Multiple
Voting Common Shares.
This discussion is not tax advice, and holders are urged to consult their independent tax advisors regarding
the tax consequences to them of the Plan and of the ownership and disposition of the LPRC Class A Voting
Common Shares and LPRI Class A Voting Common Shares received in respect of the Notes and the
ownership and disposition of the LPRC Preferred Shares, LPRC Class B Non-Voting Shares and LPRI
Multiple Voting Common Shares.
This discussion addresses only the U.S. federal income tax considerations that are relevant to holders that hold Notes
and that will hold LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares received in the
Plan, LPRC Preferred Shares and LPRI Multiple Voting Common Shares acquired in the preferred share offering
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pursuant to the Plan, and LPRC Class B Non-Voting Common Shares into which the LPRC Preferred Shares are
convertible, as capital assets within the meaning of section 1221 of the Code (generally property held for
investment). This discussion does not address all of the tax considerations that may be relevant to a particular
holder. In particular, it does not address the U.S. federal estate and gift or alternative minimum tax consequences, or
any state, local or foreign tax consequences, of participating in the Plan or of owning or disposing of the LPRC
Class A Voting Common Shares, LPRI Class A Voting Common Shares, LPRC Preferred Shares, LPRC Class B
Non-Voting Common Shares, and LPRI Multiple Voting Common Shares. Additionally, this discussion does not
address any of the tax consequences to holders that may be subject to special tax treatment with respect to their
participation in the Plan or their ownership or disposition of LPRC Class A Voting Common Shares, LPRI Class A
Voting Common Shares, LPRC Preferred Shares, LPRC Class B Non-Voting Common Shares, and LPRI Multiple
Voting Common Shares, including:

banks, thrift institutions, or other financial institutions,

regulated investment companies,

real estate investment trusts,

any person owning directly, indirectly or constructively 5% of more of the total voting power or total value
of the stock of LPR Canada or Parent,

partnerships or other pass-through entities and holders of interests therein,

tax-exempt organizations,

insurance companies,

persons who elect to use a mark-to-market method of accounting for their securities holdings,

persons who hold the Notes or will hold the LPRC Class A Voting Common Shares, LPRI Class A Voting
Common Shares, LPRC Preferred Shares, LPRC Class B Non-Voting Common Shares, and LPRI Multiple
Voting Common Shares in a "straddle or as part of a "hedging," "conversion" or "constructive sale
transaction,

U.S. holders whose "functional currency" is not the U.S. dollar,

controlled foreign corporations or passive foreign investment companies,

certain former citizens or residents of the United States, or

brokers, traders or dealers in securities or currencies.
This discussion assumes that (i) the LPRI Class A Voting Common Shares and the LPRI Multiple Voting Common
Shares have nominal value and (ii) the Notes are treated as debt instruments for U.S. federal income tax purposes.
For purposes of this discussion, a "U.S. holder" is a beneficial owner of a Note, Existing Parent Shares, LPRC Class
A Voting Common Shares, LPRI Class A Voting Common Shares, LPRC Preferred Shares, LPRC Class B NonVoting Common Shares or LPRI Multiple Voting Common Shares, as applicable, that is, for U.S. federal income tax
purposes:

an individual who is a citizen or resident of the United States;
- 98 
a corporation, or other business entity treated as a corporation for U.S. federal income tax purposes, created
or organized in or under the laws of the United States, any state of the United States or the District of
Columbia;

an estate, if its income is subject to U.S. federal income taxation regardless of its source; or

a trust, if (i) a U.S. Court can exercise primary supervision over the trust's administration and one or more
U.S. persons (within the meaning of the Code) have the authority to control all of its substantial decisions
or (ii) the trust has a valid election in effect under applicable Treasury Regulations to be treated as a U.S.
person.
If a partnership or other entity or arrangement treated as a partnership for U.S. federal income tax purposes holds a
Note and participates in the Plan, the tax treatment of a partner in such partnership will generally depend on the
status of the partner and on the activities of the partnership. Partners of partnerships holding Notes are encouraged
to consult their independent tax advisors regarding the tax consequences to them of the Plan and of the ownership
and disposition of LPRC Class A Voting Common Shares, LPRI Class A Voting Common Shares, LPRC Preferred
Shares, LPRC Class B Non-Voting Common Shares or LPRI Multiple Voting Common Shares.
Passive Foreign Investment Company Rules
If LPR Canada is in the current taxable year, or were to become in a future taxable year, a "passive foreign
investment company" or "PFIC" for U.S. federal income tax purposes, the tax consequences of the exchange of
Notes for LPRC Class A Voting Common Shares and of the ownership, conversion and disposition of the LPRC
Class A Voting Common Shares, the LPRC Preferred Shares and the LPRC Class B Non-Voting Common Shares
(as applicable) could differ in material and adverse respects from the tax consequences described below.
In general, LPR Canada would be a PFIC with respect to a U.S. holder for any taxable year in which such holder
held LPRC Class A Voting Common Shares, LPRC Preferred Shares or LPRC Class B Non-Voting Common
Shares if either (i) at least 75% of LPR Canada's gross income for the taxable year is "passive income" or (ii) at least
50% of the average value of all LPR Canada's assets (determined on the basis of a quarterly average) produce or are
held for the production of passive income. For this purpose, passive income generally includes, among other things,
dividends, interest, certain rents and royalties, annuities and gains from assets that produce passive income. If a
foreign corporation owns at least 25% by value of the stock of another corporation, the foreign corporation is treated
for purposes of the PFIC tests as owning its proportionate share of the assets of the other corporation, and as
receiving directly its proportionate share of the other corporation's income.
LPR Canada does not believe that it has been a PFIC in any prior taxable year and does not expect to become a PFIC
in any future taxable year. However, since PFIC status is inherently factual in nature and depends upon the
composition of a company's income and assets and the market value of its assets (including, among others from time
to time, and because the determination of PFIC status is made on an annual basis, there can be no assurance that
LPR Canada will not be considered a PFIC for any taxable year.
The remainder of this discussion assumes that LPR Canada is not currently a PFIC and will not become a PFIC in a
future taxable year. However, U.S. holders are encouraged to consult their tax advisors regarding the
possibility that LPR Canada is or could become a PFIC, the effect of such status, and any elections that might
be available to mitigate the adverse consequences associated with ownership of stock of a PFIC.
Controlled Foreign Corporation
A foreign corporation is treated as a "controlled foreign corporation" or "CFC" for U.S. federal income tax purposes
if more than 50% of the total combined voting power of all classes of its stock entitled to vote or more than 50% of
the total value of its stock is owned, or treated as owned by applying constructive ownership rules, by "United States
shareholders" (shareholders that own, or are treated as owning by applying constructive ownership rules, 10% or
more of the total combined voting power of stock of the corporation). If a corporation is classified as a CFC, the
corporation becomes subject to a complex set of rules that, among other things, may require the recognition of
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income by such United States shareholders in advance of, or without, the receipt of cash. LPR Canada has been
classified as a CFC and will continue to be classified as a CFC following implementation of the Plan as a result of
the ownership by LPRI of the LPRC Class C Multiple Voting Share. Participants in the Plan who are or will
become U.S. holders are encouraged to consult their independent tax advisors regarding the potential tax
consequences to them of LPR Canada's classification as a CFC.
Treatment of the Backstop Amount
The tax treatment of the receipt of a portion of the Backstop Amount by a U.S. holder in connection with the Plan is
unclear. The Plan provides that the Backstop Amount is consideration received in the Note Exchange, in which case
it would be taxed as cash received in the Note Exchange as described below under "Exchange of Notes for LPRC
Class A Voting Common Shares and LPRI Class A Voting Common Shares." However, it is also possible that it
could be treated as a reduction in the purchase price of the LPRC Preferred Shares by a U.S. holder that is
Backstopper, as a payment of principal or interest on a Note held by such a U.S. holder that is a Backstopper or as a
fee treated as ordinary income. U.S. holders that will receive a Pro-Rata Share of the Backstop Amount should
consult their independent tax advisors regarding the U.S. federal income treatment of such amount.
Exchange of Notes for LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares
Treatment of the Note Exchange as a Recapitalization
An exchange of notes for stock of the issuer of the notes generally will qualify as a tax-free recapitalization provided
the notes are treated as securities for U.S. federal income tax purposes. If cash or other property also is received in
the exchange, then the gain, if any, to the recipient will be recognized in an amount not in excess of the sum of the
cash and the fair market value of the other property received.
The term "security" is not defined in the Code or in the Treasury Regulations and has not been clearly defined by
judicial decisions. In the case of a debt instrument, neither the Code nor the Treasury Regulations define the term
"security." Rather, whether a debt instrument is a security is based on all of the facts and circumstances, including
the nature of the debt and the degree of participation and continuing interest in the debtor's business. Most
authorities have held that the term to maturity of the debt instrument is one of the most significant factors in
determining whether a debt instrument is a security. In this regard, debt instruments with a term of ten years or
more generally qualify as securities, debt instruments with a term between five and ten years may qualify as
securities, and debt instruments with a term of less than five years generally do not qualify as securities. There is
some authority, however, suggesting that notes of a shorter term can qualify as securities in a corporate
reorganization. The Notes had an initial term of five years and, although not free from doubt, LPR Canada intends
to take the position that the Notes constitute securities and the exchange constitutes a recapitalization for U.S.
federal income tax purposes. It is possible, however, that the IRS could disagree with such a characterization and, if
such a challenge were sustained, the tax consequences of the Note Exchange could be different than those described
below.
As described above, it is assumed that the LPRI Class A Voting Common Shares have nominal value and, thus, if
such shares were treated as "other property" received in the recapitalization, the receipt of such shares should result
in the recognition of little, if any, gain by an exchanging U.S. holder of Notes. As a result, the receipt of such LPRI
Class A Voting Common Shares is generally ignored for purposes of the tax consequences described below.
If the Notes are treated as securities for U.S. federal income tax purposes, then the material U.S. federal income tax
consequences of the Note Exchange to U.S. holders of Notes will be as follows:

A U.S. holder would not recognize loss and would not recognize income or gain except with respect to
consideration received that is deemed attributable to accrued but unpaid interest, and to the extent of any
cash or other property received in the Note Exchange by such U.S. holder, if applicable;
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The holding period of the LPRC Class A Voting Common Shares (excluding any LPRC Class A Voting
Common Shares deemed attributable to accrued and unpaid interest, if any) will include the holding period
of the Notes exchanged for the LPRC Class A Voting Common Shares;

The adjusted tax basis of the LPRC Class A Voting Common Shares (excluding any LPRC Class A Voting
Common Shares deemed attributable to accrued and unpaid interest, if any) will be equal to the adjusted tax
basis of the Notes exchanged (increased by any gain recognized as a result of the receipt of cash or other
property received in the Note Exchange, and decreased by the amount of any such cash or other property, if
applicable);

The holding period of the LPRC Class A Voting Common Shares deemed attributable to accrued but
unpaid interest, if any, will start on the day following the exchange and the adjusted tax basis of those
shares will be equal to the amount of the interest deemed paid by such shares; and

The holding period of the LPRI Class A Voting Common Shares will begin the day after the Note
Exchange and the adjusted tax basis of th LPRI Class A Voting Common Shares will be zero.
Treatment of the Note Exchange as a Taxable Transaction
If the Notes do not constitute securities for U.S. federal income tax purposes, the Note Exchange would be a taxable
transaction, and the material U.S. federal income tax consequences of the exchange to a U.S. holder would be as
follows:

Gain or loss would be recognized in an amount equal to the difference between (1) the sum of the fair
market value of the LPRC Class A Voting Common Shares and LPRI Class A Voting Common Shares
(excluding consideration that is deemed attributable to accrued but unpaid interest, if any) plus any cash or
other property received in the exchange by the U.S. holder, if applicable, and (2) the U.S. holder's adjusted
tax basis in the Notes;

A U.S. holder's tax basis in a Note generally will be equal to the cost of the Note to the U.S. holder,
increased by any market discount previously included in income by the U.S. holder pursuant to an election
to include income currently as it accrues (as described below under "Market Discount") and decreased by
any amortizable bond premium that the U.S. holder has previously deducted with respect to the Note.

Subject to the discussion of "market discount' below, any such gain or loss will be capital gain or loss and
will be long-term capital gain or loss if the U.S. holder's holding period for the Note is more than one year
at the time of the exchange. The deduction of capital losses for U.S. federal income tax purposes is subject
to limitations;

The holding period of the LPRC Class A Voting Common Shares and LPRI Class A Voting Common
Shares will start on the day following the exchange; and

The adjusted tax basis of the LPRC Class A Voting Common Shares and LPRI Class A Voting Common
Shares will equal their fair market value on the day of the Note Exchange.
Market Discount
A U.S. holder that purchased its Notes at a market discount (defined as the excess, subject to a de minimis threshold,
of the stated redemption price of the Note at maturity over the U.S. holder's basis in such note immediately after its
acquisition) may be subject to the market discount rules of the Code. Under those rules, any gain recognized on the
exchange of such Notes generally would be treated as ordinary income to the extent of the market discount accrued
during the U.S. holder's period of ownership, unless the U.S. holder elected to include the market discount in income
as it accrued. If the Note Exchange constitutes a recapitalization, as discussed above, then any accrued market
discount not recognized on the Note Exchange may carry over to the LPRC Class A Voting Common Shares (other
than LPRC Class A Voting Common Shares deemed attributable to accrued but unpaid interest, if any) such that any
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gain recognized by the U.S. holder upon a subsequent disposition of such LPRC Class A Voting Common Shares
would be treated as ordinary income to the extent of any such accrued market discount not previously included in
income. U.S. holders who acquired their Notes other than at original issuance should consult their independent tax
advisors regarding the possible application of the market discount rules of the Code to an exchange of the Notes
pursuant to the Plan.
Accrued and Unpaid Interest
To the extent that any amount of the consideration received by a U.S. holder of a Note is deemed to be attributable
to accrued and unpaid interest, (i) if not previously included in income, such amount should be taxable to the U.S.
holder as interest income or (ii) the U.S. holder may recognize a loss to the extent the amount of such consideration
is less than the amount of accrued and unpaid interest that has been previously included in income.
Application of Section 367 of the Code to the Note Exchange
In certain circumstances, Section 367 of the Code and the Treasury Regulations issued thereunder (the "Section 367
Rules") may require the recognition of any gain realized on a transfer by a U.S. person of property to a foreign
corporation, even if the transaction would otherwise qualify as a tax-free reorganization. If the Note Exchange is
treated as a recapitalization, no gain should be recognized by a U.S. holder under the Section 367 Rules.
The determination of whether the Notes constitute "securities" for U.S. federal income tax purposes is
inherently factual. U.S. holders are urged to consult their independent tax advisors regarding the
classification of the Notes as securities and the U.S. federal income tax consequences of the treatment of the
Note Exchange as either a recapitalization or a taxable transaction.
Ownership and Taxable Disposition of LPRC Class A Voting Common Shares and LPRI Class A Voting
Common Shares Received in the Plan
Distributions and Dividends
Distributions, if any, paid by LPR Canada on the LPRC Class A Voting Common Shares will constitute dividends to
the extent of LPR Canada's current or accumulated earnings and profits (as determined for U.S. federal income tax
purposes) and will constitute foreign source dividend income for U.S. foreign tax credit purposes. The amount of a
dividend will include any amounts withheld by LPR Canada or its paying agent in respect of Canadian taxes. If a
distribution exceeds LPR Canada's current and accumulated earnings and profits, the excess will be treated as a taxfree return of capital to the extent of such U.S. holder's adjusted tax basis in the LPRC Class A Voting Common
Shares, and thereafter as gain from a taxable disposition of the LPRC Class A Voting Common Shares. Under
current law, such dividends received by individual U.S. holders generally will be subject to tax at capital gain rates
(and may be subject to the additional 3.8% tax rate discussed below). Corporate U.S. holders will not be eligible for
the dividends received deduction generally allowed to U.S. corporations under the Code.
Dividends paid in Canadian dollars by LPR Canada will be included in a U.S. holder's income in a U.S. dollar
amount calculated by reference to the exchange rate in effect on the date of the U.S. holder's receipt of the dividend,
regardless of whether the payment is in fact converted into U.S. dollars. If the dividend is converted into U.S.
dollars on the date of receipt, a U.S. holder generally should not be required to recognize foreign currency gain or
loss in respect of the dividend income. A U.S. holder may have foreign currency gain or loss if it does not convert
the amount of such dividend into U.S. dollars on the date of its receipt.
Sale, Exchange or Other Disposition
A U.S. holder generally will recognize capital gain or loss on a taxable disposition of the LPRC Class A Voting
Common Shares or LPRI Class A Voting Common Shares (as the case may be) equal to the difference (if any)
between the proceeds received and the U.S. holder's adjusted tax basis in the LPRC Class A Voting Common Shares
or LPRI Class A Voting Common Shares (as the case may be). Such capital gain or loss will be long-term capital
gain or loss if the U.S. holder's holding period in such LPRC Class A Voting Common Shares or LPRI Class A
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Voting Common Shares (as the case may be) exceeds one year immediately prior to such disposition. Long-term
capital gains of individuals generally are subject to a reduced maximum tax rate of 20% (and may be subject to the
additional 3.8% tax rate discussed below). The deductibility of net capital losses is subject to limitations.
Treatment of Canadian Taxes
Canadian taxes withheld from dividends paid on LPRC Class A Voting Common Shares and any Canadian income
taxes imposed on gain from a sale or other disposition of such shares may be allowable as a credit against a U.S.
holder's U.S. federal income tax liability or as a deduction in determining the U.S. holder's taxable income, subject
to applicable limitations that may vary depending upon a U.S. holder's circumstances. The rules governing foreign
tax credits are complex and, therefore, U.S. holders should consult their own tax advisor regarding the availability of
foreign tax credits in their particular circumstances. Instead of claiming a credit, a U.S. holder may, at its election,
deduct such otherwise creditable Canadian taxes in computing its taxable income, subject to generally applicable
limitations under U.S. law.
Ownership and Taxable Disposition of LPRC Preferred Shares and LPRI Multiple Voting Common Shares
A U.S. holder that elects to participate in the preferred share offering pursuant to the Plan and that accordingly
acquires LPRC Preferred Shares and LPRI Multiple Voting Shares will be considered to have acquired such shares
at a cost equal to the respective subscription prices paid by the U.S. holder for such LPRC Preferred Shares and
LPRI Multiple Voting Shares (as the case may be).
Distributions and Dividends
The LPRC Preferred Shares will not be entitled to any mandatory or cumulative dividends. However, to the extent
any distributions are made with respect to the LPRC Preferred Shares, such distributions generally will be subject to
the rules discussed above under "Ownership and Taxable Disposition of LPRC Class A Voting Common Shares and
LPRI Class A Voting Common Shares Received in the Plan -- Distributions and Dividends."
Increase in Liquidation Preference
The liquidation preference of the LPRC Preferred Shares will increase by a fixed percentage per year, and the
conversion ratio of the LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares will be adjusted
accordingly. Adjustments that have the effect of increasing the proportionate interest of U.S. holders of the LPRC
Preferred Shares in the assets or earnings of LPR Canada can give rise to a deemed dividend to such holders to the
extent LPRC Canada has earnings and profits, as determined for U.S. federal income tax purposes. Such a deemed
dividend generally would be taxable to such holders in the taxable year of the adjustment. Accordingly, U.S. holders
of the LPRC Preferred Shares could potentially have an income tax liability with no related distribution of cash or
stock.
The foregoing rules that may give rise to a deemed dividend relate to stock that is treated as “preferred stock” under
applicable Treasury Regulations. Stock that not only enjoys a priority as to dividends and on liquidation but that
also participates in corporate growth to a significant extent generally would not be classified as preferred stock for
purposes of these rules unless at the time a distribution is made or deemed made there is little or no likelihood of
such stock actually participating in current and anticipated earnings and upon liquidation beyond its preferred
interest. U.S. holders that will invest in the LPRC Preferred Shares are encouraged to consult their independent tax
advisors regarding the effect of the accretion of the liquidation preference of the LPRC Preferred Shares, the
resulting change in the conversion ratio of the LPRC Preferred Shares into LPRC Class B Non-Voting Common
Shares and whether the LPRC Preferred Shares would be treated as preferred stock for purposes of the rules
described above.
Conversion of LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares
A U.S. holder generally will not recognize (i.e., take into account for U.S. federal income tax purposes) gain or loss
upon the conversion of LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares. The adjusted tax
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basis of LPRC Class B Non-Voting Common Shares received on conversion generally will equal the adjusted tax
basis of the LPRC Preferred Shares converted and the holding period of such LPRC Class B Non-Voting Common
Shares received on conversion generally will include the period during which the U.S. holder held its converted
LPRC Preferred Shares prior to conversion.
Application of Section 367 of the Code to the Conversion of LPRC Preferred Shares into LPRC Class B Non-Voting
Common Shares
The conversion of the LPRC Preferred Shares into LPRC Class B Non-Voting Common Shares should be treated as
a tax-free recapitalization for U.S. federal income tax purposes. In such case, no gain should be recognized by a
U.S. holder under the Section 367 Rules as a result of such a conversion.
Sale, Exchange or Other Disposition
A U.S. holder generally will recognize capital gain or loss on a taxable disposition of the LPRC Preferred Shares or
the LPRC Class B Non-Voting Common Shares (as the case may be) equal to the difference (if any) between the
proceeds received and the U.S. holder's adjusted tax basis in the LPRC Preferred Shares or the LPRC Class B NonVoting Common Shares (as the case may be). Such capital gain or loss will be long-term capital gain or loss if the
U.S. holder's holding period in such LPRC Preferred Shares or the LPRC Class B Non-Voting Common Shares (as
the case may be) exceeds one year immediately prior to such disposition. Long-term capital gains of individuals
generally are subject to a reduced maximum tax rate of 20% (and may be subject to the additional 3.8% tax rate
discussed below). The deductibility of net capital losses is subject to limitations.
Redemptions
A payment made in redemption of LPRC Preferred Shares may be treated for U.S. federal income tax purposes as a
distribution, rather than as payment pursuant to a sale or exchange of LPRC Preferred Shares, unless the redemption:

is "not essentially equivalent to a dividend" with respect to a U.S. holder under Section 302(b)(1) of the
Code;

is a "substantially disproportionate" redemption with respect to a U.S. holder under Section 302(b)(2) of the
Code;

results in a "complete redemption" of a U.S. holder's stock interest in LPR Canada under Section 302(b)(3)
of the Code; or

is a redemption of stock held by a non-corporate U.S. holder which results in a "partial liquidation" of the
Company under Section 302(b)(4) of the Code.
In determining whether any of the tests described above has been met, a U.S. holder must take into account not only
shares of LPRC Preferred Shares and LPRC common stock that the U.S. holder actually owns, but also shares that
the U.S. holder constructively owns within the meaning of Section 318 of the Code.
If a U.S. holder owns only an insubstantial percentage of LPRC Preferred Shares, and does not participate in LPR
Canada's control or management, a redemption of such holder's LPRC Preferred Shares generally will qualify for
sale or exchange treatment.
Each U.S. holder of LPRC Preferred Shares should consult its own tax advisors to determine whether a payment
made in redemption of LPRC Preferred Shares will be treated for U.S. federal income tax purposes as a distribution
or as payment in exchange for such LPRC Preferred Shares.
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Treatment of Canadian Taxes
Canadian taxes withheld from dividends paid on LPRC Preferred Shares or LPRC Class B Non-Voting Common
Shares and any Canadian income taxes imposed on gain from a sale, redemption or other disposition of the LPRC
Preferred Shares or LPRC Class B Non-Voting Common Shares generally may be allowable as a credit against a
U.S. holder's U.S. federal income tax liability or as a deduction in determining the U.S. holder's taxable income,
subject to applicable limitations that may vary depending upon a U.S. holder's circumstances. The rules governing
foreign tax credits are complex and, therefore, U.S. holders should consult their own tax advisor regarding the
availability of foreign tax credits in their particular circumstances. Instead of claiming a credit, a U.S. holder may,
at its election, deduct such otherwise creditable Canadian taxes in computing its taxable income, subject to generally
applicable limitations under U.S. law.
Treatment of Exiting Parent Shares
Under the Plan, the Existing Parent Shares will be cancelled for no consideration. A U.S. holder will recognize a
capital loss as a result of the cancellation of the Existing Parent Shares, with such capital loss based on the U.S.
holder's adjusted basis in its Existing Parent Shares at the time of the cancellation. Such capital loss will be a longterm capital loss if the U.S. holder's holding period for the Existing Parent Shares is more than one year. The
deductibility of net capital losses is subject to limitations. Each U.S. holder should consult its own tax advisor to
determine the deductibility of net capital losses, if any.
Medicare Tax on Net Investment Income
Certain U.S. holders that are individuals, trusts or estates will be subject to an additional 3.8% Medicare tax on
unearned income, which generally will include dividends received and gain recognized with respect to the sale of
stock. For individual U.S. holders, the additional Medicare tax applies to the lesser of (i) "net investment income,"
or (ii) the excess of "modified adjusted gross income" over $200,000 ($250,000 if married and filing jointly or
$125,000 if married and filing separately). "Net investment income" generally equals a holder's gross investment
income reduced by the deductions that are allocable to such income. Investment income generally includes passive
income such as interest, dividends, annuities, royalties, rents and capital gains. U.S. holders are urged to consult
their own tax advisors regarding the implications of this additional Medicare tax to their particular circumstances.
Certain Reporting Requirements
Certain specified persons are required to report information to the IRS relating to an interest in "specified foreign
financial assets," including (i) stocks and securities issued by non-U.S. persons; (ii) financial instruments and
contracts held for investment that have non-U.S. issuers or counterparties; and (iii) interests in foreign entities. The
LPRC Class A Voting Common Shares, LPRI Class A Voting Common Shares, LPRC Preferred Shares, LPRC
Class B Non-Voting Common Shares and LPRI Multiple Voting Shares generally will constitute specified foreign
financial assets subject to these reporting requirements, unless such shares are held in an account at a financial
institution. In general, such reporting requirements apply to individuals, but under certain circumstances, an entity
may be treated as an individual for purposes of these rules. Accordingly, a U.S. holder may be required, subject to
certain exceptions, to file IRS Form 8938 (Statement of Specified Foreign Financial Assets) with respect to the
holder's interests in the LPRC Class A Voting Common Shares, LPRI Class A Voting Common Shares, LPRC
Preferred Shares, LPRC Class B Non-Voting Common Shares and LPRI Multiple Voting Shares. U.S. holders are
encouraged to consult their independent tax advisors regarding the reporting requirements described above as well
as any other reporting requirements that may be applicable to their ownership or disposition of the shares described
above.
Information Reporting and Backup Withholding
Payments of dividends, if any, on the LPRC Class A Voting Common Shares, the LPRC Preferred Shares or the
LPRC Class B Non-Voting Common Shares and the proceeds received on the disposition of the Notes, the LPRC
Class A Voting Common Shares, LPRI Class A Voting Common Shares, LPRC Preferred Shares, LPRC Class B
Non-Voting Common Shares and LPRI Multiple Voting Shares may be reported to the IRS and may be subject to
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backup withholding unless the U.S. holder (i) is a corporation or other exempt recipient and certifies to such status if
requested, or (ii) provides a valid taxpayer identification number and certifies that no loss of exemption from backup
withholding has occurred.
Backup withholding is not an additional tax. Any amounts withheld under the backup withholding rules may be
allowed as a refund or credit against a U.S. holder's U.S. federal income tax liability, provided the required
information is timely furnished to the IRS.
The preceding discussion of certain U.S. federal income tax consequences is for general information only and
is not tax advice. Each U.S. holder is encouraged to consult its own independent tax advisor regarding the
particular U.S. federal, state, local and foreign tax consequences of the Note exchange and the ownership and
disposition of the LPRC Class A Voting Common Shares, LPRI Class A Voting Common Shares, the LPRC
Preferred Shares, the LPRC Class B Non-Voting Class B Shares and the LPRI Multiple Voting Common
Shares.
INFORMATION RELATING TO THE LONE PINE GROUP
Group Companies
The business operations of the Lone Pine Group are primarily carried out by LPR Canada, an Alberta corporation
and wholly-owned subsidiary of LPRI. LPRI is a Delaware corporation and the parent company of the Lone Pine
Group. The Plan contemplates that LPR Canada will remain a controlled subsidiary of LPRI following the Plan
Implementation Date, and that the Affected Unsecured Creditors (including Subscribing Unsecured Creditors, as
applicable) will, in accordance with the Recapitalization steps, become the shareholders of both LPR Canada and
LPRI.
Each of Wiser Oil and Wiser Delaware is a Delaware limited liability company and, directly or indirectly, a whollyowned subsidiary of LPRI. Each is currently a non-voting shareholder of LPR Canada, and will be dissolved
pursuant implementation of the Plan.
LPR Holdings is an Alberta corporation and a wholly-owned subsidiary of LPR Canada. LPR Holdings does not
hold any tangible assets and will remain a wholly-owned subsidiary of LPR Canada following the Plan
Implementation Date.
Business of LPR Canada
LPR Canada is an oil and gas exploration, development, and production company with operations solely in Canada.
Its reserves, producing properties and exploration prospects are located in Alberta, British Columbia, Quebec and
the Northwest Territories.
If the Plan is implemented, the business of the Restructured Group will continue to be carried out primarily by LPR
Canada. Neither LPRI nor LPR Holdings will own any material assets other than equity or inter-company debt
interests in LPR Canada.
Documents Incorporated by Reference
LPRI is required to file annual, quarterly and current reports, proxy statements and other information with the SEC.
As a reporting issuer under the securities legislation of each province of Canada other than Quebec, LPRI is also
required to file timely and periodic disclosure reports with applicable provincial securities commissions or similar
authorities.
Information has been incorporated by reference in this Circular from documents filed with securities commissions or
similar authorities in Canada and with the SEC, copies of which are available electronically on SEDAR at
www.sedar.com and on EDGAR at www.sec.gov/edgar/searchedgar/companysearch.html. Copies of the documents
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incorporated herein by reference may also be obtained on request without charge from the Vice President, General
Counsel and Corporate Secretary of LPRI at 1100, 640 – 5th Avenue S.W., Calgary, Alberta T2P 3G4.
The following public disclosure documents of LPRI, filed with or furnished to the SEC on EDGAR and filed with
Canadian securities regulatory authorities on SEDAR, are incorporated by reference into and form an integral part of
this Circular:

annual report on Form 10-K for the year ended December 31, 2012 (dated March 14, 2013);

quarterly reports on Form 10-Q for the periods ended March 31, 2013 (dated May 9, 2013), June 30, 2013
(dated August 8, 2013) and September 30, 2013 (dated November 8, 2013);

current reports on Form 8-K dated February 19, 2013, February 27, 2013, March 6, 2013, March 14, 2013,
March 15, 2013, April 19, 2013, May 6, 2013, May 9, 2013, May 16, 2013, May 28, 2013, June 6, 2013,
June 19, 2013, July 29, 2013, August 8, 2013, August 15, 2013, September 11, 2013, September 25, 2013,
October 18, 2013, October 30, 2013, November 15, 2013 and December 12, 2013; and

proxy statement dated April 5, 2013 relating to the annual meeting of LPRI Shareholders held on May 15,
2013.
LPRI's Statement of Reserves Data and Other Oil and Gas Information (Form 51-101F1) and related Report on
Reserves Data by Independent Qualified Reserves Evaluator or Auditor (Form 51-101F2) and Report of
Management and Directors on Oil and Gas Disclosure (Form 51-101F3), filed on SEDAR on March 14, 2013, are
also incorporated by reference herein.
Any current report of LPRI filed with the SEC and Canadian securities regulatory authorities subsequent to
the date of this Circular and prior to the Meetings shall also be deemed to be incorporated by reference in
this Circular.
Any statement contained in this Circular or in a document incorporated or deemed to be incorporated by
reference herein shall be deemed to be modified or superseded for purposes of this Circular to the extent that
a statement contained herein or in any other subsequently filed document which also is or is deemed to be
incorporated by reference herein modifies or supersedes such prior statement. The modifying or superseding
statement need not state that it has modified or superseded a prior statement or include any other
information set forth in the document that it modifies or supersedes. The making of a modifying or
superseding statement is not to be deemed an admission for any purposes that the modified or superseded
statement, when made, constituted a misrepresentation, an untrue statement of a material fact or an omission
to state a material fact that is required to be stated or that is necessary in order to make a statement in the
light of the circumstances under which it was made, not misleading. Any statement so modified or
superseded shall not be deemed, except as so modified or superseded, to be incorporated by reference herein
or to constitute a part of this Circular.
RISK FACTORS
Any investment in New Shares involves substantial risk.
In evaluating the Plan and determining whether to vote for the Approval Resolution and, if applicable, participate in
the New Investment and/or the Backstop, Affected Unsecured Creditors are urged to read and consider carefully the
risk factors described below and in the documents incorporated by reference herein, together with the other
information in this Circular and such documents incorporated by reference. If any such risks occur, the business,
financial condition, cash flows, and results of operations of the Lone Pine Group and the Restructured Group, as
applicable, could materially and adversely suffer, the value of any interest in the Lone Pine Group or the
Restructured Group, as applicable, could be significantly impaired, and the holders of any such interest might lose
all or a major part of their investment.
- 107 -
These risk factors described below and in the documents incorporated by reference herein are not the only risks and
uncertainties relating to the Plan, the Lone Pine Group or, if the Plan Implementation Date occurs, the Restructured
Group. There are and will always be additional risks and uncertainties not currently known or reasonably
identifiable. Additionally, conditions that may currently be considered immaterial to the Lone Pine Group may, as a
consequence of future events or developments, become material and give rise to risk and uncertainties that could
materially and adversely affect the business, financial condition, cash flows, and results of operations of the Lone
Pine Group or, if the Plan Implementation Date occurs, the Restructured Group.
Risks Relating to Non-Implementation of the Plan
Failure to Implement the Plan
If the Plan is not implemented before the Outside Date, the Lone Pine Group may remain under CCAA protection
for an indefinite period of time and its business could continue to substantially erode, or an insolvency proceeding
involving the liquidation of the assets of the Lone Pine Group could result.
If the Recapitalization is not completed, there is no assurance that the Lone Pine Group will be able to complete a
restructuring of its businesses or that any such restructuring will be on terms that provide equivalent value to
Affected Unsecured Creditors compared to the consideration to be received by Affected Unsecured Creditors
pursuant to the Recapitalization and the Plan.
Pursuant to the terms of the Support Agreement, if the Recapitalization is not implemented on or before the Outside
Date, the Support Agreement may be terminated by the Consenting Creditors.
If the Support Agreement is terminated and the Plan is not consummated, the Lone Pine Group will have an
immediate need to pursue other alternatives to manage its liquidity needs, including potentially filing under the
insolvency laws of various jurisdictions. There can be no assurance as to the value, if any, that would be available to
Affected Unsecured Creditors, including holders of the Notes, in the case of any such insolvency filing.
The Lone Pine Group may be unable to continue as a going concern
If the Recapitalization is not implemented and the Lone Pine Group's business operations continue at their current
levels, the Lone Pine Group will not be able to generate sufficient cash for its operations. The Lone Pine Group may
need to raise additional capital to continue as a going concern. The Lone Pine Group can give no assurances that
additional capital will be available to the Lone Pine Group on favourable terms, or at all. The Lone Pine Group's
inability to obtain additional capital, if and when needed, would have a material adverse effect on the Lone Pine
Group's financial condition and the Lone Pine Group's ability to continue as a going concern.
The September 30, 2013 unaudited interim consolidated financial statements incorporated by reference in this
Circular are presented on the assumption that the Lone Pine Group will continue as a going concern. The going
concern basis of presentation assumes that the Lone Pine Group will continue operations for the foreseeable future
and will be able to realize assets and discharge liabilities and commitments in the normal course of business. If this
assumption is not appropriate, adjustments will have to be made to the carrying value of the Lone Pine Group's
assets and liabilities, reported revenues and expenses and balance sheet classifications.
Alternatives other than Implementation of the Plan could have a more negative effect on the Lone Pine Group
and its stakeholders, including the sale of core assets or non-consensual proceedings under insolvency statutes
If the Recapitalization is not implemented and creditor protection is no longer available under the CCAA, the Lone
Pine Group will be required to pursue other alternatives that could have a more negative effect on the Lone Pine
Group and its stakeholders, including the sale of core assets or non-consensual proceedings under insolvency
statutes.
Should creditor protection no longer be available under the CCAA, then:
- 108 -
(a)
the Syndicate may enforce their remedies against the Lone Pine Group pursuant to the Current
Credit Agreement as a result of the defaults currently existing under the terms of that agreement;
(b)
the Noteholders may enforce their remedies against the Lone Pine Group pursuant to the Note
Indenture as a result of the defaults caused by the missed interest payment under the terms of that
agreement; and
(c)
the Lone Pine Group believes its cash flow from operations and available liquidity would be
insufficient to provide adequate funds to finance its operations and the Lone Pine Group would be
unable to meet its obligations as they generally become due.
In addition, any distributions in respect of Affected Claims under a liquidation or under a protracted reorganization
under insolvency laws, other than in connection with the Plan, would likely be substantially delayed and the value of
any potential recovery would likely be adversely impacted by such delay.
Furthermore, in the event of any foreclosure, dissolution, winding-up, liquidation or reorganization, or other
insolvency proceeding other than in connection with the Plan, there can be no assurance as to the value, if any, that
would be available to Affected Creditors. The Affected Claims including the Notes are unsecured obligations and
rank junior to the secured obligations under the Current Credit Agreement. Accordingly, upon any distribution to
creditors in any foreclosure, dissolution, winding-up, liquidation or reorganization, or other insolvency proceeding
relating to the Lone Pine Group or its property other than in connection with the Plan, the indebtedness under the
Current Credit Agreement will be entitled to be paid in full before any payment may be made with respect to the
Affected Claims. If the Plan is not approved, Affected Creditors may receive less value for their Affected Claims in
the event of any foreclosure, dissolution, winding-up, liquidation or reorganization, or other insolvency proceeding
other than the Plan than they would under the Recapitalization.
Risks Relating to the Plan and its Implementation
Consummation of the CCAA Plan is subject to Affected Unsecured Creditors' approval and Court approval
Before the Plan can be consummated, it must have been approved by the Required Majorities and sanctioned, after
notice and a hearing on any objection, by the Court. There can be no assurance that the Plan will be approved by the
Required Majorities, and that even if approved, the Court will sanction the Plan. The failure of any of these
conditions will delay or prevent the consummation of the Plan.
The Lone Pine Group has filed petitions under Chapter 15 of the U.S. Bankruptcy Code to recognize certain
Orders of the Court effectuating the Recapitalization as set forth in the Plan, but can provide no assurance that
the Orders of the Court will be recognized by the U.S. Court
Pursuant to Chapter 15 of the U.S. Bankruptcy Code, the Long Pine Group intends to seek recognition by the U.S.
Court of certain Orders entered by the Court in connection with the Recapitalization and the Plan. The Lone Pine
Group cannot ensure that any Order entered by the Court, including but not limited to any Sanction Order, will be
recognized by the U.S. Court.
If any of the conditions to implementation of the Plan are not satisfied or an alternative plan is not approved, the
Lone Pine Group may be forced to liquidate
If any of the conditions precedent as described in the Plan, including Court sanction and the satisfaction of the
implementation conditions, are not satisfied (or waived, if applicable) and the Plan is not implemented, there can be
no assurance that the CCAA Proceeding will continue, or that an alternative plan of compromise and arrangement, if
any, would be on comparable terms for the Affected Unsecured Creditors. The most likely alternative to a
continuation of the CCAA Proceeding, which itself could be protracted, is liquidation. For more information on the
potential risks involved in a protracted reorganization, see "Undue delay in implementation of the Recapitalization
may significantly disrupt the operations of the Lone Pine Group" below. The Lone Pine Group believes that a
- 109 -
liquidation would not provide equivalent value to Affected Unsecured Creditors compared to the consideration to be
received by Affected Unsecured Creditors pursuant to the Plan.
Affected Unsecured Claims of Cash Pool Creditors may be materially diminished if a significant number of
Affected Unsecured Creditors elect to reduce their Affected Unsecured Claims to the Cash Pool Cap
If a significant number of Affected Unsecured Creditors elect, by providing a Cash Election to the Monitor before
the Cash Election Deadline, to reduce their Affected Unsecured Claims to the Cash Pool Cap, the Cash Pool will be
distributed on a pro rata basis among all such electing Cash Pool Creditors, which may result in Cash Pool Creditors
receiving less than expected under the Cash Pool Cap. The intention of Affected Unsecured Creditors to reduce
their Affected Unsecured Claims to the Cash Pool Cap is beyond the knowledge and control of the Lone Pine
Group.
Undue delay in implementation of the Recapitalization may continue to significantly disrupt the operations of the
Lone Pine Group
The Lone Pine Group has incurred significant costs and expenses to date in connection with its ongoing
restructuring efforts. Even if the Recapitalization is completed, it may not be completed on the schedule described
in this Circular or on or prior to the Outside Date. Accordingly, Affected Unsecured Creditors participating in the
Recapitalization may have to wait longer than expected to receive consideration, if any, for their Affected
Unsecured Claims. In addition, if the Recapitalization is not completed on the schedule described in this Circular,
the Lone Pine Group may incur additional expenses.
Although the Plan is designed to minimize the length of the CCAA Proceeding, it is not possible to predict the
amount of time the Lone Pine Group may spend in the CCAA Proceeding or to provide any assurance as to whether
or not the Plan will be confirmed or sanctioned. The continuation of the CCAA Proceeding, particularly if the Plan
is not approved or confirmed in the time frame currently contemplated, could materially and adversely affect the
Lone Pine Group's operations and relationships with its authorized intermediaries, suppliers, customers, employees
and regulators. Also, transactions outside the ordinary course of business are subject to the prior approval of the
Court, which may limit the Lone Pine Group's ability to respond timely to certain events or take advantage of certain
opportunities. A prolonged CCAA Proceeding may also make it more difficult to retain and attract management and
other key personnel, and would require senior management to continue to spend a significant amount of time and
effort dealing with the Lone Pine Group's restructuring instead of focusing on the operation of the Lone Pine Group
Business. If the Recapitalization is not completed on the schedule described in this Circular, the Lone Pine Group
may incur additional expenses.
The Recapitalization may not improve the financial condition of the Lone Pine Group's business
Management believes that the completion of the Recapitalization will enhance the Lone Pine Group's liquidity and
provide it with improved operating flexibility. However, such belief is based on certain assumptions, including,
without limitation, that the Lone Pine Group's consolidated sales and relationships with suppliers, customers and
competitors will not be materially adversely affected while the Recapitalization is underway and that they will be
stable or will improve following the completion of the Recapitalization, that general economic conditions and the
markets for the Lone Pine Group's products or for the products of its partners will remain stable or improve, as well
as the Lone Pine Group's continued ability to manage costs. Should any of these assumptions prove false, the
financial position of the Lone Pine Group may be materially adversely affected and the Lone Pine Group may not be
able to pay its debts as they become due.
The Recapitalization will divert management's attention from the operations of the business
The Recapitalization has required and will continue to require senior management of the Lone Pine Group to spend
a significant amount of time developing the Plan and dealing with the Recapitalization, instead of focusing
exclusively on the operation of the Lone Pine Group's business. This could have a negative impact on the business
of the Lone Pine Group.
- 110 -
Tax Risks
The Lone Pine Group intends to take the position that the LPRC Class A Voting Common Shares, the LPRI Class A
Voting Common Shares, and the Backstop Amount are being delivered to Noteholders (and other Affected
Unsecured Claims) in consideration of the full settlement of the principal amount of the Notes (and other Affected
Unsecured Claims). No assurance can be given that this position will be accepted by the CRA. If it is not accepted,
the tax considerations to Noteholders may be different from that described above under "Income Tax Considerations
- Certain Canadian Federal Income Tax Considerations". In particular, Noteholders who are Canadian Holders (as
defined under "Income Tax Considerations - Certain Canadian Federal Income Tax Considerations") may be
required to include a portion of the value of the LPRC Class A Voting Common Shares, the LPRI Class A Voting
Common Shares, or, if applicable, the Backstop Amount, in income for Canadian federal income tax purposes.
Noteholders who are Canadian Holders are advised to consult with their own tax advisors regarding the
potential tax consequences.
Risks Relating to an Investment in New Shares
If the Plan is implemented, Affected Unsecured Creditors will become holders of New Shares and should be aware
that holding New Shares contains certain risks. In addition to the risks and uncertainties described below, additional
risks and uncertainties in owning equity in the Lone Pine Group are outlined in the documents incorporated by
reference herein.
Implementation of the Recapitalization
Even if the Recapitalization is completed, the Lone Pine Group will continue to face the risks that it currently faces
with respect to its business, operations, affairs and future prospects. See "Risk Factors – Risks Relating to the NonImplementation of the Plan".
No Market for the New Shares
There is currently no market through which the New Shares may be sold and there is no intention to seek any listing
in the future. Accordingly, Affected Unsecured Creditors receiving New Shares may not be able to resell their New
Shares acquired pursuant to the Plan. This may affect the pricing of the New Shares in the secondary market, the
transparency and the availability of trading prices and the liquidity of the New Shares. There can be no assurance
that an active trading market will develop for the New Shares after completion of the Plan, or if developed, that such
a market will be sustained. The Lone Pine Group does not intend to apply for listing of the New Shares on any
securities exchange or for quotation through any automated quotation system.
Dilutive effect of New Investment
An Affected Unsecured Creditor (other than a Cash Pool Creditor) who receives LPRC Class A Voting Common
Shares and LPRI Class A Voting Common Shares pursuant to the Debt Exchange but does not elect to participate in
the New Investment and therefore does not acquire LPRC Preferred Shares and LPRI Multiple Voting Common
Shares may suffer annual dilution with respect to its equity interests in LPR Canada and in LPRI as a result of the
Accretion Rate.
As described above under "Details of the Recapitalization – New Shares to be Distributed to Affected Unsecured
Creditors – Separation of economic and voting rights", it is anticipated that the Post-Implementation Shareholders
will primarily (i) realize any future economic benefits attributable to their equity ownership in the Restructured
Group as a consequence of being a shareholder of LPR Canada, and (ii) exercise voting rights with respect to the
Restructured Group in their capacity as a shareholder of LPRI (which will in turn hold a controlling voting interest
in LPR Canada). For Affected Unsecured Creditors (other than Cash Pool Creditors) who do not participate in the
New Investment, these shareholdings will be in the form of LPRC Class A Voting Common Shares and LPRI Class
A Voting Common Shares distributed pursuant to the Debt Exchange. In aggregate, the LPRC Class A Voting
Common Shares will initially represent not more than 25% of the total equity in LPR Canada, and the LPRI Class A
Voting Common Shares will initially represent not more than 25% of the total voting rights in LPRI. The remaining
- 111 -
equity interest in LPR Canada and voting rights in LPRI will be represented by the LPRC Preferred Shares and
LPRI Multiple Voting Common Shares distributed pursuant to the New Investment. The proportionate equity
interest of holders of LPRC Class A Voting Common Shares, and the proportionate voting power of holders of LPRI
Class A Voting Common Shares, will be diluted over time as a result of the annual Accretion Rate of 10% per
annum on both the LPRC Preferred Shares and the LPRI Class A Voting Common Shares. Only by participating in
the New Investment to the full extent of its pro rata entitlement (if eligible to do so as a Qualifying Unsecured
Creditor) will an Affected Unsecured Creditor avoid this dilution.
The Recapitalization may not sufficiently improve the financial condition of the Lone Pine Group's business to
allow it to continue as a going concern
Management believes that the Recapitalization would enhance the Lone Pine Group's liquidity and provide it with
continued operating flexibility in the short-term. However, such belief is based on certain assumptions, including,
without limitation, that the Lone Pine Group's consolidated sales and relationships with suppliers, customers and
competitors will not be materially adversely affected while the Recapitalization is underway and that they will be
stable or will improve following the completion of the Recapitalization in the increasingly competitive marketplace
in which the Lone Pine Group operates, that general economic conditions and the markets for the Lone Pine Group's
products will remain stable or improve, as well as the Lone Pine Group's continued ability to manage costs. Should
any of those assumptions prove false, the financial position of the Lone Pine Group may be materially adversely
affected and the Lone Pine Group may not be able to pay its debts as they become due.
In addition, even if the Recapitalization is completed, there is no assurance that the significant changes to the capital
structure of the Lone Pine Group provided by the Plan will be sufficient to allow the Lone Pine Group to continue as
a going concern. Despite the completion of the Recapitalization, the Lone Pine Group may not be able to generate
sufficient cash for its operations and may be required to raise additional capital to continue as a going concern. The
Lone Pine Group can give no assurances that additional capital will be available to the Lone Pine Group on
favourable terms, or at all. The Lone Pine Group's inability to obtain additional capital, if and when needed, would
have a material adverse effect on the Lone Pine Group's financial condition and the Lone Pine Group's ability to
continue as a going concern.
Adverse publicity related to the CCAA Proceeding may affect the Lone Pine Group's business
Adverse publicity or news coverage relating to the Creditor Protection Proceedings could have an adverse effect on
the Lone Pine Group's business. Following the implementation of the Plan, there can be no assurance that negative
publicity will not have a long-term negative effect on the business.
In addition, the Creditor Protection Proceedings may adversely affect the Lone Pine Group's relationships with its
customers. Following the implementation of the Plan, customers may continue to be concerned about the financial
condition of the Lone Pine Group and, as a result, they may demand faster payment terms or not extend normal trade
credit, both of which could adversely affect the Lone Pine Group's working capital position. The Lone Pine Group
may not be successful in obtaining alternative customers if the need arises and this would adversely affect the Lone
Pine Group's results from operations and ability to conduct its business.
The Lone Pine Group has not commissioned an independent valuation for the Notes
The Lone Pine Group has not obtained or requested, and does not intend to obtain or request, an opinion from any
banking or other firm as to relative values of the Notes or the fairness of the Plan to Affected Unsecured Creditors.
Even if the Plan is implemented, the Lone Pine Group will continue to face risks
The Plan is intended to reduce the amount of the Lone Pine Group's indebtedness and cash interest expense and
improve its liquidity. Even if the Plan is implemented, the Lone Pine Group will continue to face a number of risks,
including certain risks that are beyond its control, such as changes in economic conditions, changes in its industry,
regulatory changes and changes in consumer demand for its products. As a result of these risks and others, there is
no guarantee that the Recapitalization will achieve the Lone Pine Group's stated goals.
- 112 -
After the Recapitalization certain former Noteholders may have significant influence over matters that come
before a vote of shareholders and their interests may conflict with the interests of other stakeholders
Following the completion of the Recapitalization certain former Noteholders may hold a significant portion of the
New Shares. Each of these significant former Noteholders acting independently, would have significant influence in
any matter coming before a vote of shareholders. The interests of these significant former Noteholders in the Lone
Pine Group's business, operations and financial condition from time to time may not be aligned with, or may conflict
with, the interests of other stakeholders. In addition, these significant former Noteholders may be in a position to
impede any future sale of the Restructured Group following the Recapitalization.
Stakeholders might have difficulty enforcing civil liabilities against the Lone Pine Group in the United States
The enforcement by investors of civil liabilities under the United States federal securities laws may be affected
adversely by the fact that certain of the companies comprising the Lone Pine Group are incorporated or organized
outside the United States, that some or all of the officers and directors of the Lone Pine Group and the experts
named herein are residents of a foreign country, and that all or a substantial portion of the assets of the Lone Pine
Group and said persons are located outside the United States. As a result, it may be difficult or impossible for
holders of the Lone Pine Group's securities in the United States to effect service of process within the United States
upon the Lone Pine Group, and its subsidiaries and their officers and directors and the experts named herein, or to
realize against them, upon judgments of courts of the United States predicated upon civil liabilities under the federal
securities laws of the United States or "blue sky" laws of any state within the United States. In addition, holders of
the Lone Pine Group's securities in the United States should not assume that the courts of Canada: (a) would enforce
judgments of United States courts obtained in actions against such persons predicated upon civil liabilities under the
federal securities laws of the United States or "blue sky" laws of any state within the United States; or (b) would
enforce, in original actions, liabilities against such persons predicated upon civil liabilities under the federal
securities laws of the United States or "blue sky" laws of any state within the United States.
Resale of New Shares issued pursuant to the Recapitalization will be subject to restrictions under Canadian and
U.S. securities laws
New Shares issued pursuant to the Recapitalization will be subject to resale restrictions imposed by applicable
Canadian and U.S. securities laws. See "Securities Regulatory Considerations".
Risks Relating to the Business of the Lone Pine Group
The risks associated with the business of the Lone Pine Group are described in LPRI's annual report on Form 10-K
for the year ended December 31, 2012, in LPRI's quarterly reports on Form 10-Q for the periods ended March 31,
2013, June 30, 2013 and September 30, 2013 and in LPRI's current reports on Form 8-K, each of which is
incorporated by reference in this Circular and has been filed with the SEC and with Canadian securities regulatory
authorities and is available electronically on EDGAR and SEDAR. The risks associated with the Lone Pine Group's
business will continue to apply to the Lone Pine Group whether or not the Recapitalization is completed. Affected
Unsecured Creditors should carefully review and consider all risk factors associated with the Lone Pine Group's
business, as well as the other information contained in the documents forming LPRI's public disclosure record.
OTHER MATTERS
Except as disclosed in this Circular (including under the heading "Details of the Recapitalization – Releases to be
Given under the Plan"), management of the Lone Pine Group is not aware of any matter to come before the
Meetings other than the matters referred to in the Notice of Meetings of Affected Unsecured Creditors. However, if
any other matter properly comes before the Meetings, the accompanying forms of proxy confer discretionary
authority to vote with respect to amendments or variations to matters identified in the Notice of Meetings of
Affected Unsecured Creditors and with respect to other matters that properly may come before the Meetings.
- 113 -
INTEREST OF CERTAIN PERSONS OR COMPANIES IN MATTERS TO BE ACTED UPON
The Lone Pine Group's management is not aware of any material interest of any director or officer or anyone who
has held office as such since the beginning of the Lone Pine Group's last financial period or of any associate or
affiliate of any of the foregoing in any matter to be acted on at the Meetings other than as disclosed in this Circular
(including the documents incorporated by reference herein).
ADDITIONAL INFORMATION
Additional information relating to the Lone Pine Group may be found on SEDAR at www.sedar.com or on EDGAR
at www.sec.gov/edgar/searchedgar/companysearch.html.
SCHEDULE A
APPROVAL RESOLUTION
WHEREAS all capitalized terms not otherwise defined in this resolution shall have the same meanings given to such
terms in the notice of meetings and information circular of the Lone Pine Group (as defined below) dated December
13, 2013 (the "Circular");
BE IT RESOLVED THAT:
(a)
the plan of compromise and arrangement (the "Plan") under the Companies' Creditors
Arrangement Act (Canada) concerning, affecting and involving Lone Pine Resources Inc.
("LPRI"), Lone Pine Resources Canada Ltd. ("LPR Canada"), Lone Pine Resources (Holdings)
Inc., Wiser Oil Delaware, LLC and Wiser Delaware LLC (collectively, the "Lone Pine Group"),
substantially in the form attached as Schedule D to the Circular, as such Plan may be amended,
supplemented or restated from time to time in accordance with the terms thereof, and all events
and transactions contemplated thereby, be and are hereby irrevocably accepted, agreed to,
authorized, approved and adopted;
(b)
notwithstanding the passing of this resolution by each Affected Unsecured Creditor Class or the
passing of similar resolutions by any Affected Unsecured Creditor Class or other interested
person(s), or the filing of the Plan with or the approval thereof by the Court of Queen's Bench of
Alberta (the "Court"), the directors of the Lone Pine Group, without further notice to, or approval
of, the Affected Unsecured Creditors, subject to the terms of the Plan, may amend, supplement or
restate the Plan, may revoke or withdraw the Plan, may deci0de not to proceed with the Plan and
the events and transactions contemplated thereby or may revoke this resolution at any time prior to
the Plan becoming effective, provided that any such decision after the issuance of a sanction order
by the Court shall require the approval of the Monitor and the Court; and
(c)
any director or officer of LPRI or LPR Canada is hereby authorized, for and on behalf of the Lone
Pine Group, to execute and deliver, or cause to be executed and delivered, with or without
corporate seal, any and all agreements, documents and instruments and to take or cause to be taken
such other actions as he or she may deem necessary or advisable to implement this resolution and
the matters authorized and approved hereby, including the Plan and the events and transactions
contemplated thereby, such determination to be conclusively evidenced by the execution and
delivery of any such agreement, document or instrument or the taking of any such action.
SCHEDULE B
MEETING ORDER
(see attached)
CLERK'S STAMP
CLER-RZWEi
COURT FILE NUMBER
COURT
DEC 1 3 2013
1301-11352
COURT
JUDICIAL CENTRE
OF CALGARY
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CALGARY
APPLICANTS
IN THE MATTER OF THE COMPANIES'
CREDITORS ARRANGEMENT ACT,R.S.C.
1985, c. C-36, as amended
IN THE MATTER OF THE BUSINESS
CORPORATIONS ACT,R.S.A. 2000, c. B-9, as
amended
AND IN THE MATTER OF LONE PINE
RESOURCES CANADA LTD., LONE PINE
RESOURCES(HOLDINGS)INC., LONE PINE
RESOURCES INC., WISER OIL DELAWARE,
LLC AND WISER DELAWARE LLC.
DOCUMENT
MEETING ORDER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS
DOCUMENT
BENNETT JONES LLP
Barristers and Solicitors
4500, 855- 2" Street SW
Calgary, Alberta T2P 4K7
Attention: Chris Simard
Telephone No.: 403-298-4485
Fax No.: 403-265-7219
Client File No.: 68261.10
DATE ON WHICH ORDER WAS
PRONOUNCED:
December 13, 2013
LOCATION OF HEARING OR TRIAL: Calgary
NAME OF JUDGE WHO MADE THIS
ORDER:
The Honourable Mme. Justice B.E. Romaine
beigeby eat* this te be a bue eepy
the original AtkiitiDated this
WSLegal\068261\00010\9599,150v10
- 2UPON the Application of Lone Pine Resources Canada Ltd. ("LPR Canada"), Lone Pine
Resources (Holdings) Inc. ("LPR Holdings"), Lone Pine Resources Inc. ("LPRI"), Wiser Oil
Delaware, LLC ("Wiser Oil") and Wiser Delaware LLC ("Wiser") (collectively, the
"Applicants", and each, an "Applicant") for a Meeting Order, among other things,(i) accepting
the filing of the Plan; (ii) authorizing the classification of creditors for purposes of voting on the
Plan;(iii) authorizing and directing the Applicants to call, hold and conduct meetings of Affected
Unsecured Creditors to vote on a resolution to approve the Plan; (iv) authorizing and directing
the mailing and distribution of the Affected Unsecured Creditors Meeting Materials and the
Noteholder Meeting Materials; (v) approving the procedures to be followed with respect to the
meetings of Affected Unsecured Creditors; and (vi) setting a date of the hearing of the
Applicants' application for Court approval of the Plan;
AND UPON reading the pleadings and proceedings herein, the notice of this Application, the
Affidavit No. 4 of Tim S. Granger sworn December 6, 2013, and the Fifth Report of
PricewaterhouseCoopers Inc.(the "Monitor") dated December 9, 2013; AND UPON hearing the
submissions of counsel for the Applicants, counsel for the Monitor, counsel for the Syndicate,
counsel for the Initial Consenting Noteholders, counsel for certain shareholders of LPR
Holdings, and counsel for other interested parties and stakeholders;
IT IS HEREBY ORDERED AND DECLARED THAT:
SERVICE
1.
Service of this Application and supporting documents is hereby deemed to be good and
sufficient, the time for notice is hereby abridged to the time provided, and no other
person is required to have been served with notice of this Application.
MONITOR'S ROLE
2.
The Monitor, in addition to its prescribed rights and obligations under (i) the CCAA,(ii)
the Initial Order, (iii) the Claims Procedure Order, and (iv) any other Order, is hereby
directed and empowered to take such other actions and fulfill such other roles as- are
authorized by this Meeting Order.
WSLegal\068261\000 I 0\9599450vI 0
-33.
In carrying out the terms of this Meeting Order, the Monitor shall: (i) have all the
protections given to it by the CCAA, the Initial Order, or as an officer of the Court,
including the stay of proceedings in its favour; (ii) incur no liability or obligation as a
result of carrying out the provisions of this Meeting Order, save and except for any gross
negligence or wilful misconduct on its part; (iii) be entitled to rely on the books and
records of the Applicants and any information provided by the Applicants and the
Affected Unsecured Creditors without independent investigation; and (iv) not be liable
for any claims or damages resulting from any errors or omissions in such books, recordsor information.
4.
The Monitor and the Applicants are hereby authorized to retain such agents as they deem
to be advisable to assist them in connection with calling and conducting the Meetings,
including with respect to the distribution of the= Affected Unsecured Creditor- Meeting
Materials and Noteholder Meeting Materials, the identification of the applicable Affected
- Unsecured Creditors, and the solicitation of proxies from Persons entitled to vote at the
Meetings.
DEFINITIONS
5.
Any capitalized terms used herein but not otherwise defined herein have the meanings
ascribed thereto in the Plan or in the October 24 Order, as applicable.
6.
For the purposes of this Meeting Order, in addition to the terms defined elsewhere in this
Meeting Order, the Plan or the October 24 Order, the following terms shall have the
following meanings:
(a)
"Affected Unsecured Creditor Meeting Materials" means copies of:
(i)
the Notice to Affected Unsecured Creditors;
(ii)
the Plan;
(iii)
the Information Circular;
(iv)
the Meeting Order;
WSLega1\068261\00010\9599450v10
-
-4-
(b)
(v)
a blank form of the Affected Unsecured Creditors' Proxy;
(vi)
the Cash Election Form; and
(vii)
the New Investment Subscription Form;
"Affected Unsecured Creditors' Proxy" means a proxy substantially in the form
attached as Schedule "C" hereto, to be submitted to the Monitor by any Affected
Unsecured Creditor (other than a Noteholder or a Cash Pool Creditor) who wishes
to vote by proxy at one or more Meetings;
(c)
"Backstop Deadline" means January 13, 2014;
(d)
"Beneficial Noteholder" means a beneficial owner of any Notes as at the Votingkecord Date (or, if applicable, an investment advisor, manager or representative
with voting discretion over the Notes owned by such beneficial owners),
regardless of whether such beneficial owner is a RegiStered Noteholder or an
Unregistered Noteholder;
(e)
"Cash Election Deadline" means January 3, 2014;
(f)
"Cash Election Form" means the election form substantially in the form attached
as Schedule "I" hereto, to be submitted to the Monitor and the Applicants by any
Affected Unsecured Creditor which, as at the Voting Record Date, holds Affected
Unsecured Claims in an aggregate amount in excess of $10,000 and who wishes
to reduce the aggregate amount of such Affected Unsecured Claims to $10,000;
(g)
"Information Circular" means the information circular in respect of the Plan and
the Meetings substantially in the form attached as Schedule "A" hereto, as the
same may be amended, supplemented or restated from time to time;
(h)
"Instructions to Participant Holders" means the instructions substantially in the
form attached to Schedule "E" hereto;
(i)
"Instructions to Registered Noteholders" means the instructions substantially in
the form attached as Schedule "F" hereto;
WSLega1\068261\0001019599450v10
-5(i)
"Instructions to Unregistered Noteholders" means the instructions substantially
in the form attached to Schedule "G" hereto;
(k)
"Mailing Date" means the first Business Day following the date of this Meeting
Order;
(1)
"Meeting Date" means January 6, 2014, provided that the Applicants may, with
the consent of the Monitor and the Majority Initial Consenting Noteholders,
extend the date on which one or more of the Meetings will be held;
(m)
"Meeting Order" means this Order, as it may be amended by any f- urther Order
of the Court;
(n)
"New Investment Subscription Deadline" means January 13, 2014;
- (o)
"New Investment Subscription Form" means the subscription form substantially
-. in the form-attached as Schedule "H" hereto;
(p)
"Noteholder" means, as at the Voting Record Date, any Registered Noteholder,
Unregistered Noteholder, Participant Holder, or Beneficial Noteholder, as the
context requires, in such capacity;
(q)
"Noteholder Meeting Materials" means copies of;
(i)
the Notice to Affected Unsecured Creditors;
(ii)
the Plan;
(iii)
the Information Circular;
(iv)
the Meeting Order;
(v)
a blank form of the Noteholders' Proxy;
(vi)
the Instructions to Registered Noteholders;
(vii)
the Instructions to Unregistered Noteholders;
WSLega1\06826 I \00010\9599450v10
-6(viii) the New Investment Subscription Form; and
(ix)
(r)
the Cash Election Form;
"Noteholders' Proxy" means a proxy substantially in the form of Schedule "D",
to be submitted to the Monitor by any Beneficial Noteholder that wishes to vote
by proxy at one or more Meetings;
(s)
"Notice to Affected Unsecured Creditors" means the notice to Affected
Unsecured Creditors substantially in the form attached as Schedule "B" hereto;
(t)
"October 24 Order" means the Order of the Court under the CCAA dated
October 24, 2013;
(u)
"Plan Supplement" means the supplement(s) to the Plan, which shall contain
relevant documents concerning -LPR Holdings and LPR Canada following Plan
Implementation (including the terms of the New Shares), and such other
documents as the Applicants and the Monitor may consider appropriate or
necessary for purposes of the Meetings and voting on the Plan;
(v)
"Restructuring Period Claim" has the meaning ascribed thereto in the ClaimsProcedure Order;
(w)
"Sanction Hearing Date" means January 9, 2014;
(x)
"Service List" means the list of counsel and other interested parties who have
requested service of materials filed with the Court in this proceeding, as
maintained by the Applicants and the Monitor;
(y)
"Unregistered Noteholder" means a Noteholder whose name does not appear on
any Registered Noteholder List;
(z)
"Unresolved Claim" means an Affected Unsecured Creditor Claim in respect ofwhich a Proof of Claim has been filed in accordance with the Claims Procedure
Order but that, as at any applicable time, has not . been (i) determined to be a
Voting Claim, or (ii) finally disallowed; provided, however, that an Affected
WSLegal\068261\00010\0599450v10
-7Unsecured Creditor Claim in respect of which a Proof of Claim has been filed in
accordance with the Claims Procedure Order that has been designated by the
Applicants or the Monitor as an Equity Claim is not an "Unresolved Claim"; and
(aa)
"Voting Record Date" means (i) in the case of Noteholders, October 25, 2013,
and (ii) in the case of all other Affected Unsecured Creditors, the Business Day
prior to the Meetings.
7
All references to time herein shall mean local time in Calgary, Alberta, Canada,-and any.
reference to an event occurring on a Business Day shall mean prior to 3:00 p.m. on such
Business Day unless otherwise indicated herein.
8.
All references to the word "including" shall mean "including without limitation".
9.
All referende§ to the singular herein shall include the plural, the plural include the
singular and any gender includes the other gender.
THE PLAN
1.0.
The Plan is hereby accepted for filing and the Applicants are hereby authorized and,
subject to Section 10,4(b) of the Plan, directed to call the Meetings for the purpose of
having the Affected Unsecured Creditors vote on the Plan in the manner set out herein.
11.
The Applicants may, at any time and from time to time prior to or at the Meetings, or iii
advance of the Sanction Hearing, as the case may be, amend, restate, modify and/or
supplement the Plan, subject to the terms of the Plan, provided that: (i) the Monitor,- the
Applicants or the Chairperson shall communicate the details of any such amendments,
restatements, modifications and/or supplements made prior to or at the Meetings to
Affected Unsecured Creditors present at the Meetings prior to any vote being taken at the
Meetings; (ii) the Applicants shall f- orthwith provide notice to the Service List of any
such amendments, restatements, modifications and/or supplements and shall file a copy
thereof with this Court forthwith and in any event prior to the Meetings or the Sanction
Hearing, as the case may be; and (iii) the Monitor shall post an electronic copy of any
such amendments, restatements, modifications and/or supplements on the Website
WSLega1\068261\00010\9599450v10
-8forthwith and in any event prior to the Meetings or the Sanction Hearing, as the case may
be,
12.
The Applicants shall serve and file the Plan Supplement, and the Monitor shall post the
Plan Supplement on the Website, no later than ten (10) days prior to the Meetings.
Thereafter, the Applicants may, at any time and from time to time prior to or at the
Meetings, or in advance of the Sanction Efearing, as the case may be, amend, restate,
modify and/or supplement the Plan Supplement, subject to the terms of the Plan,
provided that (i) the Monitor, the Applicants or the Chairperson shall communicate the
details of any such amendments, restatements, modifications and/or supplements made
prior to or at the Meetings to Affected Unsecured Creditors present at the Meetings prior
to any vote being taken at the Meetings; (ii) the Applicants shall forthwith provide notice
to the Service List of any such amendments, restatements, modifications and/or
supplements and shall file a copy thereof with this Court forthwith and in any event prior
to the Meetings or the Sanction Hearing, as the case may be; and (iii) the Monitor shall
post an electronic copy of any such amendments, restatements, modifications and/or
supplements on the Website forthwith and in any event prior to the Meetings or the
Sanction Hearing, as the case May be.
FORMS OF DOCUMENTS
13.
The forms of Information Circular, Notice to Affected Unsecured Creditors, Affected
Unsecured Creditors' Proxy, Noteholders' Proxy, Instructions to Registered Noteholders,
Instructions to Unregistered Noteholders, Instructions to Participant Holders, Cash
Election Form, and New Investment Subscription Form are hereby approved. The
Applicants may:
(a)
make any changes to such materials as are necessary or desirable to conform the
content thereof to the terms of the Plan or this Meeting Order; and
(b)
at any time and from time to time prior to or at the Meetings, amend, restate,
modify and/or supplement any of such materials, subject to the terms of the Plan,
provided that:
WSLegal\068261 \00010\9599450v10
-9-
(i)
the Monitor, the Applicants or the Chairperson shall communicate the
details of any such amendments, restatements, modifications and/or
supplements to Affected Unsecured Creditors present at the Meetings
prior to any vote being taken at the Meetings;
(ii)
the Applicants shall forthwith provide notice to the Service List of any
such amendments, restatements, modifications and/or supplements and
shall file a copy thereof with this Court forthwith and in any event prior to
any vote being taken at the Meetings; and
(iii)
the Monitor shall post an electronic copy of any such amendments,
restatements, modifications and/or supplements on the Website forthwith
and in any event prior to any vote being taken at the Meetings.
14,
The Cash Election Form provides each Affected Unsecured Creditor which, as- at the
Voting Record Date, holds Affected Unsecured Claims in an aggregate amount in excess
of $10,000 with the right, conditional upon the implementation of the Plan and effective
on the Plan Implementation Date, but not the obligation, to elect irrevocably to reduce the
aggregate amount of such Affected Unsecured Creditor's Affected Unsecured Claims to
$10,000. Such an electing Affected Unsecured Creditor must return the duly executed
Cash Election Form to the Applicants and to the Monitor on or before the Cash Election
Deadline,
15.
The New Investment Subscription Form provides each Qualifying Unsecured Creditor as
of the Voting Record Date with the right, conditional upon the implementation of thePlan and effective on the Plan Implementation Date, but not the obligation, to elect irrevocably to participate in the New Investment up to a maximum of such Affected
Unsecured Creditor's Pro-Rata Share of the New Investment. In order to elect to
participate in the New Investment, the Qualifying Unsecured Creditor must return the
duly executed New Investment Subscription Form to the Applicants and to the Monitor
on or before the New Investment Election Deadline. In addition, in the event that any
Qualifying Unsecured Creditor wishes to become a Backstopper under the Backstop
Agreement, any such Qualifying Unsecured Creditor must return a duly executed
WSLegnI\068261\00010\9599450v10
- 10 Backstop Joinder and Support Joinder to the Applicants, the Monitor and Goodmans LLP
prior to the Backstop Deadline.
VOTING BY CREDITORS
16.
For the purposes of considering and voting on the Plan, there will be five (5) meetings as
follows:
(a)
a meeting of all of the Affected Unsecured Creditors of LPR Canada, where all
such Affected Unsecured Creditors shall constitute a single class;
(b)
a meeting of all of the Affected Unsecured Creditors of LPR Holdings, where all
such Affected Unsecured Creditors shall constitute a single class;
(c)
a meeting of all of the Affected Unsecured Creditors of LPRI, where all such
Affected Unsecured Creditors shall constitute a single class;
(d)
a meeting of all of the Affected Unsecured Creditors of Wiser Oil, where all such
Affected Unsecured Creditors shall constitute a single class; and
(e)
a meeting of all of the Affected Unsecured Creditors of Wiser, where all such
Affected Unsecured Creditors shall constitute a single class.
NOTICE
TO
AFFECTED
UNSECURED
CREDITORS
(OTHER
THAN
NOTEHOLDERS)
17.
The Monitor shall, no later than the first Business Day following the date of this Meeting
Order, post an electronic copy of the Notice to Affected Unsecured Creditors, the Plan,
the Information Circular, the Affected Unsecured Creditors' Proxy, the Cash Election
Form, and the New Investment Subscription Form (in the forms provided by the
Applicants as at the date of this Meeting Order) on the Website.
18.
The Monitor shall, on the Mailing Date, deliver the Affected Unsecured Creditor Meeting
Materials by courier, personal delivery or email to each Affected Unsecured Creditor
other than a Noteholder with a Voting Claim and/or an Unresolved Claim at the address
set out in such Affected Unsecured Creditor's Proof of Claim (or in any other written
WSLega1\068261\00010\9599450v10
notice that has been received by the Monitor in advance of such date regarding a change
of address for an Affected Unsecured Creditor).
NOTICE TO NOTEHOLDERS
19.
No later than the first Business Day following the date of this Meeting Order, the Monitor
shall post an electronic copy of the Notice to Affected. Unsecured Creditors, the Plan,- the
Information Circular, the Noteholders' Proxy, the Instructions to Participant Noteholders,
the Instructions to Registered Noteholders, the Instructions to Unregistered Noteholders,
and the New Investment Subscription Form (in the forms provided by the Applicants as
at the date of this Meeting Order) on the Website,
20.
On the Mailing Date, the Monitor shall deliver the Noteholder Meeting Materials by
courier, personal delivery or email_ to (i) the Note Indenture Trustee, (ii) DTC, and (iii) _
each Person listed on the Registered Noteholder List.
21.
On the Mailing Date, the Monitor shall deliver by courier, personal delivery or -email- to
each Participant Holder a copy of the Instructions to Participant Holders together with.
that number of copies of the Noteholder Meeting Materials required by such Participant
Holder for distribution to the Unregistered Noteholders that are its customers or
principals.
22.
As soon as practicable, but in any event within f- ive (5) Business Days of any Participant
Holder's receipt of the Noteholder Meeting Materials from the Monitor pursuant to paragraph 21, such Participant Holder shall: (i) complete and sign the applicable section
of the Noteholders' Proxy relating to Participant Holders for each Unregistered
Noteholder that has an account (directly or through an agent or custodian) with such
Participant Holder; and (ii) deliver by courier or personal delivery to each such
Unregistered Noteholder the Noteholders' Proxy as so completed and signed-together
with one copy of the Noteholder Meeting Materials. Each Participant Holder shall take
any other action reasonably required to enable any Unregistered Noteholder that has an
account (directly or through an agent or custodian) with such Participant Holder to
provide a Noteholders' Proxy to the Monitor with respect to the Notes owned by or held
for the benefit of such Unregistered Noteholder.
WSLegal%068261100010\959945000
- 12 23.
Where: (i) a Participant Holder or its agent has a standard practice for distribution of
meeting materials to Unregistered Noteholders and for the gathering of information and
proxies or voting instructions from Unregistered Noteholders; (ii) the Participant Holder
has discussed such standard practice in advance with the Applicants, the Monitor and
counsel to the Initial Consenting Noteholders; and (iii) such standard practice is
acceptable to the Applicants, the Monitor and counsel to the Initial Consenting
Noteholders, such Participant Holder or its agent may, in lieu of f- ollowing the procedure
set out in paragraph 22 above, follow such standard practice provided that all applicable
proxies or voting instructions are received by the Monitor no later than 3:00 p.m. on the
last Business Day before the Meeting.
NOTICE,SERVICE AND DELIVERY
24.
The Monitor's fulfillment of the notice, delivery and Website posting requirements set out
in this Meeting Order shall constitute good and sufficient notice, service and delivery
thereof on all Persons who may be entitled to receive notice, service or delivery thereof
or who may wish to be present or vote (in person or by proxy) at the Meetings, and that
no other form of notice, service or delivery need be given or made on such Persons and
no other document or material need be served on such Persons.
CONDUCT OF MEETINGS AND DELIVERY OF PROXIES
25.
The Applicants are hereby authorized and directed to call the Meetings and to hold and
conduct the Meetings on the Meeting Date at the offices of Bennett Jones LLP, 4500
Bankers Hall East, 855 - 2" Street S.W., Calgary, Alberta, for the purpose of seeking
approval of the Plan by the Affected Unsecured Creditors with Voting Claims at the
Meetings in the manner set forth herein. In the event that the Meeting Date is extended
aftefthe Mailing Date, the Monitor shall post notice of the extension of the Meeting Date
on the Website and provide notice of the extension of the Meeting Date to the Service
List.
26.
Paul Darby or another representative of the Monitor, designated by the Monitor, shall
preside as the chair of each of the Meetings (the "Chairperson") and, subject to this
WSLega1\06826 I \000I 0\9599450v 10
- 13 Meeting Order or any further Order of the Court, shall decide all matters relating to the
conduct of each of the Meetings.
27.
The Monitor may appoint one or more scrutineers for the supervision and tabulation of
the attendance at, quorum at and votes cast at each of the Meetings (the "Scrutineer"),
One or more people designated by the Monitor shall act as secretary at each of the
Meetings (the "Secretary").
28.
The quorum required at each Meeting shall be one Affected Unsecured Creditor with a
Voting Claim against the applicable Applicant present at the Meeting (in person or by
proxy).
29.
If the requisite quorum is not present at any Meeting, or one or more of the Meetings is
postponed by the vote of a majority in value of Voting Claims of the Affected Unsectired Creditors present at the said Meeting (in person or by proxy), then such Meeting shall be
by the Chairperson to a later date, time and place as designated by the
Chairperson. The Chairperson shall be entitled to adjourn and further adjourn the said Meeting at that Meeting or at any adjourned Meeting. Any adjournment or adjournments
described in this paragraph 29 shall be for a period of not more than seven (7) days in
total unless otherwise agreed to by the Applicants, the Monitor and counsel to the Initial Consenting Noteholders, In the event of any adjournment described in this paragraph• 29,
no Person shall be required to deliver any notice of the adjournment of the Meeting or
adjourned Meeting, provided that the Monitor shall: (i) announce the adjournment -at the
Meeting or adjourned Meeting, as applicable; (ii) post notice of the adjournment at the
originally designated time and location of the Meeting or adjourned Meeting, as
applicable; (iii) forthwith post notice of the adjournment on the Website; and (iv) provide
notice of the adjournment to the Service List forthwith.
Any Affected Unsecured
Creditor Proxies and Noteholder Proxies validly delivered in connection with the
Meeting shall be accepted as proxies in respect of any adjourned Meeting.
30.
The only Persons entitled to attend and speak at a Meeting are: (i) the Affected
Unsecured Creditors entitled to vote at that Meeting (or, if applicable, any Person holding
a valid Affected Unsecured Creditors' Proxy or Noteholders' Proxy on behalf of one or
more such Affected Unsecured Creditors) and any such Affected Unsecured Creditor's or
WSLegal\068261 100010\9599450v I 0
- 14 valid proxyholder's legal counsel and financial advisors; (ii) the Chairperson, the
Scrutineer and the Secretary; (iii) one or more representatives of the Monitor and the
Monitor's legal counsel;(iv) one or more representatives of the current board of Directors
and/or senior management of the Applicants, as selected by the Applicants, and the
Applicants' legal counsel and financial advisors;(v) counsel to the Directors and Officers
of any of the Applicants; (vi) one or more representatives of the Initial Consenting
Noteholders and the Initial Consenting Noteholders' legal counsel; (vii) one or more
representatives of the Syndicate and the Syndicate's legal counsel and financial advisor;
and (viii) the Note Indenture Trustee and its legal counsel. Any other person may be
admitted to a Meeting on invitation of the Applicants, in consultation with the Monitor.
31.
The Monitor may, with the consent of the Applicants, waive in writing the time limits
imposed on Affected Unsecured Creditors as set out in this Meeting Order (including the
schedules hereto), generally or in individual circumstances, if the Monitor deems it advisable to do so.
ASSIGNMENT OF AFFECTED UNSECURED CLAIMS PRIOR TO THE MEETING
32.
Subject to any restrictions contained in Applicable Laws, an Affected Unsecured Creditor
may transfer or assign the whole of its Affected Unsecured - Claim prior to the Meetings
(or any adjournment thereof), provided that neither the Applicants nor the Monitor shall- be obliged to deal with any transferee or assignee thereof as an Affected Unsecured
Creditor in respect of such Affected Unsecured Claim, including allowing such transferee or assignee to attend or vote at the Meetings, unless and until actual notice of the transfer or assignment, together with satisfactory evidence of such transfer or assignment, has
been received and acknowledged by the Applicants and the Monitor, which receipt rand acknowledgment must have occurred on or before 3:00 p.m. on the date that is the last
7
Business Day prior -to the date of the Meetings (or any adjournment thereof), fditing which the original transferor shall have all applicable rights -as the "Affected Unsectired Creditor" with respect to such Affected Unsecured Claim as if no transfer of the Affected
Unsecured Claim had occurred. If such receipt and acknowledgment by the Applibants and the Monitor has occurred on or before 3:00 p.m. on the date that is the last Business Day prior to the date of the Meetings (or any adjournment thereof): (i) the transferor of
WSLegal\068261 \000 I 0\9599450vI
- 15 the applicable Affected Unsecured Claim shall no longer constitute an Affected
Unsecured Creditor in respect of such Affected Unsecured Claim; and (ii) the transferee
or assignee of the applicable Affected Unsecured Claim shall, for all purposes in
accordance with this Meeting Order, constitute an Affected Unsecured Creditor in respect
of such Affected Unsecured Claim and shall be bound by any and all notices previously
given to the transferor or assignor in respect thereof and shall be bound by any Affected
Unsecured Creditors' Proxy duly submitted to the Monitor in accordance with this
Meeting Order, For greater certainty, the Applicants and the Monitor shall not recognize
partial transfers or assignments of Affected Unsecured Claims.
33,
Only those Beneficial Noteholders that have beneficial ownership of one or more Notes
as at the Voting Record Date shall be entitled to vote at the Meeting. Nothing in this
Meeting Order, including paragraph 32, restricts the Beneficial Noteholders from
transferring or assigning such Notes prior to or after the Voting Record Date, provided
that if such transfer or assignment occurs after the Voting Record Date, only the original
Beneficial Noteholder of such Notes as at the Voting Record Date (and not any
transferee) shall be treated as a Beneficial Noteholder for purposes of this Meeting Order
and the Meetings.
VOTING PROCEDURE
34,
At each Meeting, the Chairperson shall direct a vote, by written ballot, on a resolution to
approve the Plan and any amendments thereto.
35.
Subject to paragraph 45, the only Persons entitled to vote at a Meeting (whether in personor by proxy) are Affected Unsecured Creditors with Voting Claims against the applicable
Applicant as at the Voting Record Date (which, for greater certainty, includes any transferee of an Affected Unsecured Claim that is a Voting Claim, provided that such •
transferee has been recognized as an Affected Unsecured Creditor in respect of such :transferred Affected Unsecured Claim in accordance with paragraphs 32 and 33)(or any
such Affected Unsecured Creditor's validly appointed holder. of its Affected Unsecured
Creditors' Proxy).
WSLegak068261 \000 I 0\9599450v10
- 16 36.
Each Affected Unsecured Creditor that has a Voting Claim against the applicable
Applicant shall be entitled to one vote as a member of the Affected Unsecured Creditor
Class, which vote shall have a value equal to the dollar value of such Affected Unsecured
Creditor's Voting Claim (which, in the case of a Beneficial Noteholder, shall be a value
equal to the principal owing under the Notes owned by such Beneficial Noteholder as atthe Voting Record Date). For greater certainty, with respect to voting by Beneficial
Noteholders, only the Beneficial Noteholders, and not Registered Noteholders or Participant Holders (unless any such Registered Noteholder or Participant Holder is itself
a Beneficial Noteholder), shall be entitled to vote on the Plan as provided for in- this
Meeting Order,
37,
For the purpose of calculating the two-thirds majority in value of Voting Claims at each
Meeting, the aggregate amount of Voting Claims held by all Affected Unsecured
Creditors that vote in favour of the Plan (in person or by proxy) at the Meeting shall be
divided by the aggregate amount of all Voting Claims held by all Affected .Unsecured
Creditors that vote on the Plan (in person or by proxy) at the Meeting, For the purpose of
calculating a majority in number of Affected Unsecured Creditors voting on the Plan at
each Meeting, (i) each Affected Unsecured Creditor, other than a Noteholder, that votes
on the Plan (in person or by proxy) at the Meeting shall only be counted once, without
duplication; and (ii) each individual Beneficial Noteholder that votes on the Plan (in
person or by proxy) at the Meeting shall only be counted once, without duplication, even
if that Beneficial Noteholder holds Notes through more than one Registered Noteholder
or Participant Holder.
38,
_For purposes of tabulating_ the votes cast on any matter that may come before a Meeting,
the Chairperson shall be entitled to rely on any vote cast by a holder of an Affected
-Unsecured Creditors' Proxy and/or a Noteholders' Proxy -that .has been duly submitted to
the Monitor in the manner set forth in this Meeting Order.
39,
Any Affected Unsecured Creditor (including a Beneficial Noteholder) that is entitled to
vote at one or more Meetings and that wishes to vote at one or more Meetings in person
must: (i) duly complete and sign an Affected Unsecured Creditors' Proxy or a
Noteholders' Proxy, as applicable; (ii) identify itself in the Affected Unsecured Creditors'
WSLega1\06826 1\00010\9599450v10
- 17 Proxy or a Noteholders' Proxy, as applicable, as the Person with the power to attend and
vote at the applicable Meeting(s) on behalf of such Affected Unsecured Creditor or
Beneficial Noteholder, as the case may be; and (iii) deliver such Affected Unsecured
Creditors' Proxy or Noteholders' Proxy, as the case may be, to the Monitor so that it is
received on or before 3:00 p.m, on the last Business Day before the date of the Meetings
(or any adjournment thereof), and such deliverY must be made in accordance with the
instructions accompanying such Affected Unsecured Creditors' Proxy or Noteholders'
Proxy.
40.
Any Affected Unsecured Creditor (including a Beneficial Noteholder) that is entitled to
vote at one or more Meetings and that wishes to appoint a nominee to vote on its behalf at
one or more Meetings must: (i) duly complete and sign an Affected Unsecured Creditors'
Proxy or a Noteholders' Proxy, as applicable; (ii) identify its desired nominee in the
Affected Unsecured Creditors' Proxy or Noteholders' Proxy, as applicable, as the Person
with the power to attend and vote at the applicable Meeting(s) on behalf of such Affected
Unsecured Creditor; and (iii) deliver such Affected Unsecured Creditors' Proxy or
Noteholders' Proxy, as the case may be, to the Monitor so that it is received on or before
3:00 p.m. on the last Business Day before the date of the Meetings (or any adjournment
thereof), -and such delivery must be made in accordance with the instructions
accompanying such Affected Unsecured Creditors' Proxy or Noteholders' Proxy.
41.
In order to be effective, any Noteholders' Proxy must clearly state the name and contain
the signature of the applicable Participant Holder, the applicable account number or
numbers of the account or accounts maintained by the applicable Beneficial Noteholder
with such Participant Holder, and the principal amount of Notes that such Beneficial
Noteholder holds in each such account or accounts. Where a Beneficial Noteholder holds Notes through more than one Participant Holder, its Noteholders' Proxy is required to be
executed by only one of those Participant Holders, provided -that the Beneficial
Noteholder shall provide the information required in its Noteholders' Proxy with respect
to its Notes held with all Participant Holders to allow the Monitor to verify the aggregate
amount of Notes held by such Beneficial Noteholder for the purposes of voting on the
Plan.
WSLega1\068261 \0001 0\9599450vI 0
-1842,
Notwithstanding anything in paragraphs 39, 40 or 41 or any minor error or omission in
any Affected Unsecured Creditors' Proxy or Noteholders' Proxy that is submitted to the
Monitor, the Chair shall have the discretion to accept for voting purposes any Affected
Unsecured Creditors' Proxy or Noteholders' Proxy submitted to the Monitor in
accordance with the Meeting Order.
43,
If there is any dispute as to the principal amount or number of Notes held by any
Beneficial Noteholder, the Monitor will request the Participant Holder, if any, who
maintains book entry records or other records evidencing such Beneficial Noteholder's
ownership of Notes, to confirm with the Monitor the information provided 'by Such
Beneficial Noteholder, If any such dispute is not resolved by such Beneficial Noteholder
and the Monitor by the date of the Meeting (or any adjournment thereof), the Monitor
shall tabulate the vote for-or against the Plan in respect of the disputed principal amount
of such Beneficial Noteholder's- Notes separately. If: (i) any such dispute remains
unresolved -as of the .ate- of the Sanction Hearing; and (ii) the approval or non-approval
of the Plan would -be affected by the votes cast in respect of such disputed principal
amount of Notes, then such result shall be reported to the Court at the Sanction Hearing
and, if necessary, the Monitor may make a request to the Court for directions.
44.
Each Cash Pool Creditor shall be deemed to vote in favour of the Plan to the full extent of
its Allowed Affected Unsecured Claim and shall not be entitled to attend or vote at the
Meetings, whether in person or by proxy, unless such Cash Pool Creditor: (i) has -not
returned a Cash Election Form in accordance with paragraph 14; and (ii) delivers an
Affected Unsecured Creditors' Proxy to the Monitor so that it is received on or before
3:00 p.m.- on the last Business Day before the date of the Meetings (or any adjournment
thereof) in accordance with the instructions accompanying such Affected UnsecuredCreditors' Proxy.
VOTING OF UNRESOLVED CLAIMS
45.
Notwithstanding anything to the contrary herein or in the Plan, each Affected UnsecuredCreditor with an Unresolved Claim against one or more Applicants as at the Voting
Record Date shall be entitled to attend the applicable Meeting(s) and shall be entitled to
one vote at said Meeting(s) in respect of such Unresolved Claim, Any vote cast in
WSLcgal\068261\000 I 0\9599,I50v I 0
- 19 respect of an Unresolved Claim shall be dealt with in accordance with paragraph 46,
unless and until (and then only to the extent that) such Unresolved Claim is ultimately
determined to be: (i) a Voting Claim, in which case such vote shall have the dollar value
attributable to such Voting Claim; or (ii) disallowed, in which case such vote shall not be
counted for any purpose.
-
46.
The Monitor shall keep a separate record of votes cast by Affected Unsecured Creditors
-with Unresolved Claims and shall report to the Court with respect thereto at the Sanction
Hearing, If approval or non-approval of the Plan by Affected Unsecured Creditors would
be altered by the votes cast in respect of Unresolved Claims: (i) such result shall be
reported to the Court as soon as reasonably practicable after the Meetings; (ii) if a
deferral of the Sanction Hearing is deemed to be necessary or advisable by the Monitor
(in consultation with the Applicants and counsel to the Initial Consenting Noteholders),
the Monitor shall request an appropriate deferral of the Sanction Hearing; and (iii) the
Monitor may make a request to the Court for directions,
47.
The Applicants and the Mbnitor shall have the right to seek the assistance of the Court at
any time in valuing any Unresolved Claim if required to ascertain the result of any vote
on the Plan,
PERSONS NOT ENTITLED TO VOTE
48.
For greater certainty, and notwithstanding anything else Contained herein, the following
Persons, in such capacity, shall have no right to, and shall not, vote at the Meeting: (i)
Unaffected Creditors, (ii) holders of Affected Unsecured Claims in respect of which a
--Proof of Claim has been filed in- accordance with the Claims Procedure Order that has
been designated by the Applicants or the Monitor as an Equity Claim, (iii) Equity
Claimants, and (iv) any other Person asserting Claims against the Applicants whose
Claims do not constitute Affected Unsecured Claims on the Voting Record Date.
WSLegal\068261\00010\9599450v10
- 20 APPROVAL OF THE PLAN
49.
Subject to Section 10.4(b) of the Plan, the Plan must receive an affirmative vote of the
Required Majorities in order to be approved by the Affected Unsecured Creditors.
50.
The result of any vote at any of the Meetings shall be binding on all Affected Creditors,
regardless of whether such Affected Creditor was present at or voted at the Meetings, or
was entitled to be present or vote at the Meetings.
PLAN SANCTION
51.
The Monitor shall report to the Court the results of any votes taken at the Meetings as soon as reasonably practicable after the Meetings (or any adjournment thereof).
52.
-The Applicants may apply to the Court at a time to be determined on the Sanction.
Hearing Date for the Sanction Order (the "Sanction Hearing").
53.
Service of this Meeting Order by the Monitor or the Applicants to the parties on the
Service List shall constitute good and sufficient service of notice of the Sanction Hearing
on all Persons entitled to receive such service and no other form of notice or service need
be made and no other materials need be served in respect of the Sanction Hearing, except
that, subject to paragraph 51, any party shall also serve the Service List with any
additional materials that it intends to use in support of the Sanction Hearing by no later
than 4:00 p.m.(Calgary time) on January 2, 2014.
54.
Any Person who wishes to oppose the Sanction Hearing shall serve on the Applicants, the
and the Service List a notice setting out the basis for such opposition and a copy
of the materials to be used to oppose the Sanction Hearing by no later than 4:00 p.m..
(Calgary time) on January 2, 2014.
MISCELLANEOUS
55.
Notwithstanding anything contained in this Meeting Order, the Applicants may, with the - consent of the Majority Initial Consenting Noteholders, decide not to call, hold and
conduct one or more of the Meetings, provided that:
WSLegah068261\000 I 0\9599450v I 0
- 21 -
(i)
the Monitor, the Applicants or the Chairperson shall communicate such
decision to Affected Unsecured Creditors present at the Meetings prior to
any vote being taken at the Meetings;
(ii)
the Applicants shall forthwith provide notice to the Service List of any
such decision and shall file a copy thereof with this Court forthwith and in
any event prior to the Sanction Hearing; and
(iii)
the Monitor shall post an electronic copy of any such decision on the
Website forthwith and in any event prior to the Sanction Hearing.
56.
Nothing in this Meeting Order (including the acceptance or determination of any Claim,
or any part thereof, as a Voting Claim in accordance with this Meeting Order) has the
effect of determining Allowed Claims for purposes of the Plan.
57.
This Court hereby requests the aid and recognition of any court, tribunal, regulatory or- •
administrative body have jurisdiction in Canada or the United States, or in any other
foreign jurisdiction, to give effect to this Meeting Order and to assist the Applicants, or
any of them, the Monitor and their respective agents in carrying out the terms of this
Meeting Order, All courts, tribunals, regulatory and administrative bodies are. hereby
respectfully requested to make such orders and to provide _such assistance to-- the
Applicants, or any of them, and to the Monitor, as an office of the Court, as may:be- necessary or desirable to give effect to this Meeting Order, to grant representative status to LPR Canada in any foreign proceeding, or to assist the Applicants, or any of them, and
the Monitor and their respective agents in carrying out the terms of this Meeting Order.
58.
-
The Applicants or the Monitor may from time to time apply to this Court to amend, _vary; supplement or replace this Meeting Order or for advice and direction concerning. the
discharge of their respective powers and duties under this Meeting Order or the
interpretation or application of this Meeting Order.
lablviAlt0E %\
J.C.Q.B.A. or Clerk of the Court
WSCega1\06826 I \000 I 0\959945000
SCHEDULES TO MEETING ORDER NOT REPRODUCED
Please see the Monitor's website at www.pwc.com/car-lpr
for a copy of the Meeting Order together with all schedules thereto
SCHEDULE C
CLAIMS PROCEDURE ORDER
(see attached)
,LERK OF THE COURT
FILED
OCT 0 9 2013
JUDICIAL,CaITRE
Orl CALGARY
COURT FILE NUMBER
1301 - 11352
COURT
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CALGARY
APPLICANTS
IN THE MATTER OF THE COMPANIES'
CREDITORS ARRANGEMENT ACT,R.S.C. 1985, c.
C-36, as amended
AND IN THE MATTER OF THE BUSINESS
CORPORATIONS ACT,R.S.A. 2000, c. B-9, as
amended
AND IN THE MATTER OF LONE PINE
RESOURCES CANADA
LTD.,
LONE PINE
RESOURCES (HOLDINGS) INC., LONE PINE
RESOURCES INC., WISER OIL DELAWARE,LLC
and WISER DELAWARE LLC
DOCUMENT
CLAIMS PROCEDURE ORDER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS
DOCUMENT
BENNETT JONES LLP
Barristers and Solicitors
4500 Bankers Hall East
855 — 2nd Street S.W.
Calgary, Alberta T2P 4K7
Attention: Chris Simard
Telephone No.: 403-298-4485
Fax No.: 403-265-7219
Client File No.: 68261.10
DATE ON WHICH ORDER WAS PRONOUNCED: October 9, 2013
LOCATION WHERE ORDER WAS PRONOUNCED: Calgary
NAME OF JUSTICE WHO MADE THIS ORDER: The Honourable Mme. Justice Strekaf
UPON the application of Lone Pine Resources Canada Ltd.("LPR Canada"), Lone Pine
Resources (Holdings) Inc. ("LPR Holdings"), Lone Pine Resources Inc, ("LPRI"), Wiser Oil
Delaware, LLC ("Wiser Delaware") and Wiser Delaware LLC ("Wiser Oil") pursuant to the
CCAA (as defined below) for an order approving a procedure for the determination and
WSLegal\068261\00010\96 I 0050v3
- 2resolution of claims against the Applicants (as defined below) and authorizing and directing the
Applicants and the Monitor (as defined below) to administer the said claims procedure in
accordance with its terms;
AND UPON having read the Application, the Affidavit of Shane K. Abel sworn October
4, 2013, and the 1st Report of the Monitor dated October 7, 2013, all filed; AND UPON hearing
the submissions of counsel for the Applicants, counsel for the Monitor, counsel for the Syndicate
(as defined below), counsel for holders of the Senior Notes and the Backstop Parties (as defined
below), and counsel for other interested parties;
IT IS HEREBY ORDERED THAT:
SERVICE OF APPLICATION
1.
Service of this Application and supporting documents is hereby deemed to be good and
sufficient, the time for notice is hereby abridged to the time provided, and no other
person is required to have been served with notice of this Application.
DEFINITIONS
2.
In this Order:
(a)
"Administration Charge" means the Administration Charge as defined in the
Initial Order;
(b)
"Agent" means JP Morgan Chase Bank, N.A., Toronto Branch, in its capacity as
agent of the Syndicate;
(c)
"Applicants" means LPR Canada, LPR Holdings, LPRI, Wiser Oil and Wiser
Delaware;
(d)
"Backstop Parties" means those Noteholders who are signatories to the Backstop
Agreement with the Applicants dated September 24, 2013;
(e)
"BIA" means the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as
amended;
WSLega1\068261\00010\9610050v3
-3-
(f)
"Business Day" means a day, other than a Saturday, Sunday or a statutory
holiday, on which banks are generally open for business in Calgary, in the
province of Alberta, Canada;
(g)
"Calendar Day" means a day, including Saturday, Sunday and any statutory
holidays in the Province of Alberta, Canada;
(h)
"CCAA" means the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C36, as amended;
(i)
"CCAA Proceedings" means the proceedings commenced by the Applicants
under the CCAA in the Court, under Action No. 1301-11352;
"Claim" means:
(i)
any right or claim of any Person that may be asserted or made in whole or
in part against the Applicants, or any of them, whether or not asserted or
made, in connection with any indebtedness, liability or obligation of any
kind whatsoever, and any interest accrued thereon or costs payable in
respect thereof, including without limitation, by reason of the commission
of a tort (intentional or unintentional), by reason of any breach of contract
or other agreement (oral or written), by reason of any breach of duty
(including, without limitation, any legal, statutory, equitable or fiduciary
duty) or by reason of any right of ownership of or title to property or
assets or right to a trust or deemed trust (statutory, express, implied,
resulting, constructive or otherwise), and whether or not any indebtedness,
liability or obligation is reduced to judgment, liquidated, unliquidated,
fixed, contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured, unsecured, present or future, known or unknown, by
guarantee, surety or otherwise, and whether or not any right or claim is
executory or anticipatory in nature including, without limitation, any right
or ability of any Person to advance a claim for contribution or indemnity
or otherwise with respect to any matter, action, cause or chose in action
whether existing at present or commenced in the future, which
WSLega1\068261\00010\9610050v3
-4indebtedness, liability or obligation, and any interest accrued thereon or
costs payable in respect thereof(A) is based in whole or in part on facts
prior to the Filing Date, (B) relates to a time period prior to the Filing
Date, or (C) is a right or claim of any kind that would be a debt provable
in bankruptcy within the meaning of the BIA had the Applicants become
bankrupt on the Filing Date;
(ii)
a Restructuring Period Claim;
(iii)
a D&O Claim;
(iv)
a D&O Indemnity Claim; and
(v)
a Secured Claim;
provided, however, that "Claim" shall not include an Excluded Claim;
(k)
"Claimant" means any Person asserting a Claim and includes without limitation
the transferee or assignee of a Claim transfer and recognized as a Claimant in
accordance with paragraph 39 hereof or a trustee, executor, liquidator, receiver,
receiver and manager, or other Person acting on or behalf of or through such
Person;
(1)
"Claims Bar Date" means 5:00 p.m. (Calgary time) on November 13, 2013, or
any later date ordered by the Court;
(m)
"Claims Officer" means any Persons designated by the Court to act as a claims
officer pursuant to paragraph 11 of this Order;
(n)
"Claims Package" means the materials to be provided by the Monitor to Persons
who may have a Claim, which materials shall include a blank Proof of Claim and
a Proof of Claim Instruction Letter, and such other materials as the Applicants or
the Monitor may consider appropriate or desirable.
(o)
"Claims Procedure" means the procedures outlined in this Order, including the
Schedules;
WSLegal\068261\00010\9610050v3
-5(p)
"Court" means the Court of Queen's Bench of Alberta in the Judicial Centre of
Calgary;
(q)
"Credit Agreement" means the Credit Agreement dated March 18, 2011, as
amended, among LPRI as parent, LPR Canada as borrower, the Agent, and the
Syndicate Members;
(r)
"Creditors' Meeting" means any meeting of creditors called for the purpose of
considering and voting in respect of the Plan, if one is filed, to be scheduled
pursuant to further order of the Court;
(s)
"Critical Suppliers' Charge" means the Critical Suppliers' Charge as defined in
the Initial Order;
(t)
"D&O Claim" means:
(i)
any right or claim of any Person that may be asserted or made in whole or
in part against one or more Directors or Officers that relates to a Claim for
which such Directors or Officers are by law liable to pay in their capacity
as Directors or Officers; or
(ii)
any right or claim of any Person that may be asserted or made in whole or
in part against one or more Directors or Officers, in that capacity, whether
or not asserted or made, in connection with any indebtedness, liability or
obligation of any kind whatsoever, and any interest accrued thereon or
costs payable in respect thereof, including by reason of the commission of
a tort (intentional or unintentional), by reason of any breach of contract or
other agreement (oral or written), by reason of any breach of duty
(including any legal, statutory, equitable or fiduciary duty) or by reason of
any right of ownership of or title to property or assets or right to a trust or
deemed trust (statutory, express, implied, resulting, constructive or
otherwise), and whether or not any indebtedness, liability or obligation,
and any interest accrued thereon or costs payable in respect thereof, is
reduced to judgment, liquidated, unliquidated, fixed, contingent, matured,
WSLega1\068261\00010\9610050v3
-6unmatured, disputed, undisputed, legal, equitable, secured, unsecured,
present or future, known or unknown, by guarantee, surety or otherwise,
and whether or not any right or claim is executory or anticipatory in
nature, including any right or ability of any Person to advance a claim for
contribution or indemnity from any such Directors or Officers or
otherwise with respect to any matter, action, cause or chose in action,
whether existing at present or commenced in the future, which
indebtedness, liability or obligation, and any interest accrued thereon or
costs payable in respect thereof(A) is based in whole or in part on facts
prior to the Filing Date, or (B) relates to a time period prior to the Filing
Date;
(u)
"D&O Indemnity Claim" means any existing or future right of any Director or
Officer against any of the Applicants which arose or arises as a result of any
Person filing a Proof of Claim in respect of such Director or Officer for which
such Director or Officer is entitled to be indemnified by any of the Applicants;
(v)
"DIP Lender's Charge" means the DIP Lender's Charge as defined in the Initial
Order;
"Director" means anyone who is or was, or may be deemed to be or have been,
whether by statute, operation of law or otherwise, a director or defacto director of
any of the Applicants;
"Directors' Charge" means the Directors' Charge as defined in the Initial Order;
"Distribution Claim" means the amount of the Claim of a Claimant as finally
determined for distribution purposes, in accordance with the provisions of this
Order and the CCAA;
(z)
"Employee Amounts" means all outstanding wages, salaries and employee
benefits (including employee medical, dental, disability, life insurance and similar
benefit plans or arrangements, incentive plans, share compensation plans and
employee assistance programs and employee or employer contributions in respect
WSLegaR068261\00010\9610050v3
- 7of pension or group savings plans, and other benefits), vacation pay,
commissions, bonuses and other incentive payments, termination and severance
payments, and employee expenses and reimbursements, in each case incurred in
the ordinary course of business and consistent with existing compensation policies
and arrangements, and all equivalent amounts related to individuals who perform
employment-like services for the Applicants as contractors;
(aa)
"Excluded Claim" shall mean:
(i)
any claim secured by the Administration Charge, the DIP Lender's
Charge, the Directors' Charge, the KERP Charge, the Subordinated
Advisor Charge or the Critical Suppliers' Charge;
(ii)
any other claim secured by a Court-ordered charge in the CCAA
Proceedings arising after the date of this Order;
(iii)
any claim in respect of Employee Amounts;
(iv)
any claim by a Joint Venture Partner, in its capacity as such;
(v)
any claim arising under a contract entered into by any Applicant after the
Filing Date or with respect to goods or services provided to any of the
Applicants on or after the Filing Date; and
(vi)
any inter-company Claim existing among the Applicants;
(bb)
"Filing Date" means September 25, 2013;
(cc)
"Governmental Authority" means a federal, provincial, state, territorial,
municipal or other government or government department, agency or authority
(including a court of law) having jurisdiction over the Applicants or their
business;
(dd)
"Indenture" has the meaning set forth in paragraph 2(xx) hereof;
WSLegal\068261\00010\9610050v3
-8(ee)
"Indenture Trustee" means U.S. Bank National Association, in its capacity as
trustee in connection with the Senior Notes;
(ff)
"Initial Order" means the Initial Order in the CCAA Proceedings granted by the
Honourable Madam Justice K.M. Eidsvik granted on the Filing Date;
(gg)
"Joint Venture Partner" means any Person who has a working interest or joint
ownership interest in any equipment, lands, properties, production, wells,
facilities, plants, batteries, infrastructure or other assets associated with the oil and
gas exploration business of the Applicants, in which the Applicants also have a
working interest or joint ownership interest;
(hh)
"KERP Charge" means the KERP Charge as defined in the Initial Order;
(ii)
"Known Claimant" means:
(i)
any Person who, based upon the books and records of the Applicants, was
owed monies by any of the Applicants as of the Filing Date and which
monies remain unpaid in whole or in part;
(ii)
any Person who has commenced a legal proceeding in respect of a Claim
or D&O Claim or given any of the Applicants written notice of an
intention to commence a legal proceeding or a demand for payment in
respect of a Claim or D&O Claim, provided that where a lawyer of record
has been listed in connection with any such proceedings, the "Known
Claimant" for the purposes of any notice required herein or to be given
hereunder shall be, in addition to that Person, its lawyer of record;
(iii)
any Person who was at or prior to the Filing Date party to a material lease,
contract, or other agreement or obligation of any of the Applicants entered
into on or after January 1, 2011, with respect to which such Person may
assert a Claim; and
(iv)
any Person who is a party to a lease, contract, or other agreement or
obligation of any of the Applicants which was restructured, terminated,
WSLegal\068261 \00010\9610050v3
-9repudiated or disclaimed by any of the Applicants between the Filing Date
and the date ofthis Order;
(jj)
"Monitor" means PricewaterhouseCoopers Inc., in its capacity as Courtappointed monitor of the Applicants;
(kk)
"Monitor's Website" means http://www.pwc.comicar-lpr;
(11)
"Newspaper Notice to Claimants" means the notice for publication pursuant to
paragraph 25 of this Order, substantially in the form attached as Schedule "A";
(mm) "Noteholder" means a registered or beneficial holder on or after the Filing Date
of a Senior Note in that capacity, and, for greater certainty, does not include
former registered or beneficial holders of Senior Notes;
(nn)
"Notice of Dispute of Revision or Disallowance" means the notice referred to in
paragraphs 28 and 33 hereof, substantially in the form attached as Schedule "E"
hereto, which may be delivered to the Monitor by a Claimant disputing a Notice
of Revision or Disallowance, with reasons for its dispute;
(oo)
"Notice of Revision or Disallowance" means the notice referred to in paragraphs
28 and 33 hereof, substantially in the form of Schedule "D" advising a Claimant
that the Applicants have revised or rejected all or part of such Claimant's Claim
set out in its Proof of Claim;
(pp)
"Officer" means anyone who is or was, or may be deemed to be or have been,
whether by statute, operation of law or otherwise, an officer or de facto officer of
any of the Applicants;
(qq)
"Person" is to be broadly interpreted and includes any individual, firm,
corporation, limited or unlimited liability company, general or limited partnership,
association, trust, unincorporated organization, joint venture, Government
Authority or any agency, officer or instrumentality thereof or any other entity,
wherever situate or domiciled, and whether or not having legal status;
WSLega1\068261\00010\9610050v3
- 10 (rr)
"Plan" means any proposed plan(s) of compromise or arrangement to be filed in
respect of the Applicants, or any of them, pursuant to the CCAA as the same may
be amended, supplemented or restated from time to time in accordance with the
terms thereof;
(ss)
"Proof of Claim" means the Proof of Claim referred to herein, substantially in the
form attached as Schedule "B";
(tt)
"Proof of Claim Instruction Letter" means the instruction letter to Claimants,
substantially in the form attached as Schedule "C" hereto, regarding the
completion of a Proof of Claim by a Claimant and the claims procedure described
herein;
(uu)
"Restructuring Period Claim" means any right or claim of any Person against
one or more of the Applicants in connection with any indebtedness, liability or
obligation of any kind whatsoever resulting from the restructuring, disclaimer,
resiliation, termination or breach by one or more of the Applicants on or after the
Filing Date of any contract, lease, or other agreement, whether written or oral and
whether such restructuring, disclaimer, resiliation, termination or breach took
place or takes place before or after the date of this Order;
(vv)
"Restructuring Period Claims Bar Date" means seven (7) Calendar Days after
termination, repudiation or resiliation of the applicable agreement or other event
giving rise to the applicable Restructuring Period Claim;
(ww) "Secured Claim" means that portion of a Claim that is (i) secured by security
validly charging or encumbering property or assets of the Applicants, or any of
them,(including statutory and possessory liens that create security interests) up to
the value of such collateral, and (ii) duly and properly perfected in accordance
with the relevant legislation in the appropriate jurisdiction as of the Filing Date;
(xx)
"Senior Notes" means the 10.375% senior notes due 2017 that were issued and
were outstanding as of the Filing Date, pursuant to the indenture dated February
14, 2012 among LPR Canada, as issuer, the other Applicants as guarantors, and
WSLega1\068261\00010\9610050v3
the Indenture Trustee (the "Indenture"), which Indenture continues to govern the
Senior Notes;
(yy)
"Subordinated Advisor Charge" means the Subordinated Advisor Charge as
defined in the Initial Order;
(zz)
"Syndicate" means the syndicate of lenders under the Credit Agreement, in such
capacity; and
(aaa) "Syndicate Member" means any lender who is a member of the Syndicate, in its
capacity as such.
(bbb) "Unknown Claimants" are Claimants which are not Known Claimants, the
Agent, a Syndicate Member, the Indenture Trustee, a Noteholder, or a Claimant
with an Excluded Claim.
(ccc) "Voting Claim" means the amount of the Claim of a Claimant as finally
determined for voting at the Creditors' Meeting, in accordance with the provisions
of this Order and the CCAA.
GENERAL PROVISIONS
3.
All references as to time herein shall mean local time in Calgary, Alberta, Canada, and
any reference to an event occurring on a Business Day shall mean prior to 5:00 p.m. on
such Business Day unless otherwise indicated herein.
4.
All references to the word "including" shall mean "including without limitation".
5.
All references to the singular herein include the plural, the plural include the singular, and
any gender includes the other gender.
6.
All Claims shall be denominated in Canadian dollars. Any Claims denominated in a
foreign currency shall be converted to Canadian dollars for purposes of any Plan at the
Bank of Canada's noon exchange rate in effect on the Filing Date.
WSLegan068261 \00010\9610050v3
-127,
Interest and penalties that would otherwise accrue after the Filing Date shall not be
included in any Claims,
8.
Copies of all forms delivered hereunder, as applicable, and determinations of Claims by a
Claims Officer or the Court, as the case may be, shall be maintained by the Applicants
and, subject to further order of the Court, the applicable Claimant will be entitled to have
access thereto by appointment during normal business hours on written request to the
Applicants or the Monitor.
9.
Notwithstanding anything to the contrary in this Order, in respect of any Claim that
exceeds $500,000 as submitted in a Proof of Claim, the Applicants shall consult with
counsel to the Backstop Parties prior to: accepting, admitting, settling, resolving, valuing,
revising or rejecting such Claim; referring the determination of such Claim to a Claims
Officer or the Court; appealing any determination of such Claim by the Claims Officer;
or adjourning any Creditors' Meeting on account of a dispute with respect to such Claim.
10.
Any Person with an Excluded Claim shall not file a Proof of Claim in this process in
respect of such Excluded Claim, unless required to do so by further order of the Court,
nor shall the Monitor send a Claims Package to Persons with Excluded Claims.
CLAIMS OFFICER
11.
On application of the Applicants (in consultation with the Monitor and counsel to the
Backstop Parties), this Court may from time to time appoint one or more Persons as
Claims Officers for purposes of the Claims Procedure described herein and in respect of
one more Claims to be determined pursuant to the Claims Procedure.
12.
Subject to the discretion of the Court, when appointed pursuant to paragraph 11 hereof, a
Claims Officer shall determine the validity and amount of the disputed Claims in respect
of which it was appointed in accordance with this Order and to the extent necessary may
determine whether any such Claim or part thereof constitutes an Excluded Claim. A
Claims Officer shall determine all procedural matters which may arise in respect of his or
her determination of these matters, including the manner in which any evidence may be
WSLegall068261\00010\9610050v3
- 13 adduced. A Claims Officer shall have the discretion to determine by whom and to what
extent the costs of any hearing before a Claims Officer shall be paid.
13.
Notwithstanding anything to the contrary herein, an Applicant may with the consent of
the Monitor and, if applicable pursuant to paragraph 9 hereof, in consultation with
counsel to the Backstop Parties, refer a Claim for resolution to a Claims Officer or to the
Court for voting and/or distribution purposes, where in the Applicant's view such a
referral is preferable or necessary for the resolution or the valuation of the Claim.
MONITOR'S ROLE
14.
The Monitor, in addition to its prescribed rights, duties, responsibilities and obligations
under the CCAA and under the Initial Order, shall assist the Applicants in connection
with the administration of the claim procedure provided for herein, and is hereby directed
and empowered to take such other actions and fulfill such other roles as are contemplated
by this Order or incidental thereto.
15.
In carrying out the terms of this Order, the Monitor shall:
(a)
have all of the protections given to it by the CCAA, the Initial Order, and this
Order, or as an officer of the Court, including the stay of proceedings in its
favour;
(b)
incur no liability or obligation as a result of the carrying out of the provisions of
this Order, save and except for any gross negligence or willful misconduct on its
part;
(c)
be entitled to rely on the books and records of the Applicants and any information
provided by the Applicants, all without independent investigation; and
(d)
not be liable for any claims or damages resulting from any errors or omissions in
such books, records or information, save and except for any gross negligence or
willful misconduct on its part.
16.
The Applicants and the Monitor are hereby authorized to use reasonable discretion as to
the adequacy of compliance with respect to the manner in which forms delivered
VVSLegah068261\00010\9610050v3
- 14 hereunder are completed and executed, and may, where they are satisfied that a Claim has
been adequately proven, waive strict compliance with the requirements of this Order as to
completion and execution of such forms and to request any further documentation from a
Person that the Applicants or the Monitor may require in order to enable them to
determine the validity of a Claim.
CLAIMS PROCEDURE FOR SYNDICATE MEMBERS
17.
Notwithstanding any other provision of this Order, the Agent and the Syndicate Members
are not required to file a Proof of Claim in respect of Claims pertaining to the Credit
Agreement, and the Applicants shall not be required to send a Claims Package or a
Notice of Claim to the Agent or any Syndicate Member, The Applicants and the Monitor
may disregard any Proofs of Claim filed by the Agent or any Syndicate Member claiming
debt pursuant to the Credit Agreement, and any such Proofs of Claim shall be ineffective
for all purposes.
18.
Within seven (7) Business Days of the date of this Order, the Applicants shall send to the
Agent (as representative of the Syndicate Members' Voting Claim), with a copy to
counsel to the Agent (Norton Rose Fulbright Canada LLP), a notice stating the accrued
amounts owing directly by each of the Applicants under the Credit Agreement and the
guarantees executed by the Applicants in respect of the Credit Agreement (including, in
each case, principal and accrued interest thereon) up to the Filing Date (plus any amounts
that became due under the Credit Agreement after the Filing Date, as a result of the
termination of eligible financial contracts). The Agent shall confirm whether such
amounts are accurate to the Monitor within fifteen (15) Calendar Days of receipt of the
Applicants' notice. If such amounts are confirmed by the Agent, or in the absence of any
response by the Agent within fifteen (15) Calendar Days of receipt of the Applicants'
notice, such amounts shall be deemed to be the accrued amounts owing directly by each
of the Applicants under the Credit Agreement and the guarantees executed by the
Applicants in respect of the Credit Agreement for the purposes of voting and for the
purposes of distributions under the Plan, unless the amounts of such Claims are otherwise
agreed to in writing by the Applicants, the Agent and the Backstop Parties, in which case
such agreement shall govern. If the Agent indicates that it cannot confirm the acerued
WSLega1\068261\00010\9610050v3
- 15 amounts owing directly by each of the Applicants under the Credit Agreement and the
guarantees executed by the Applicants in respect of the Credit Agreement, such amounts
shall be determined by the Court for the purposes of voting and distributions under the
Plan, unless the amount of such Claims are otherwise agreed to in writing by the
Applicants, the Agent and the Backstop Parties, in which case such agreement shall
govern.
CLAIMS PROCEDURE FOR NOTEHOLDERS
19.
Notwithstanding any other provision of this Order, the Indenture Trustee and the
Noteholders are not required to file a Proof of Claim in respect of Claims pertaining to
the Senior Notes, and the Applicants shall not be required to send a Claims Package or a
Notice of Claim to the Indenture Trustee or any Noteholder. The Applicants and the
Monitor may disregard any Proofs of Claim filed by the Indenture Trustee or any
Noteholder claiming debt pursuant to the Senior Notes, and any such Proofs of Claim
shall be ineffective for all purposes.
20.
Within seven (7) Business Days of the date of this Order, the Applicants shall send to the
Indenture Trustee (as representative of the Noteholders' Voting Claim), with a copy to
counsel to the Backstop Parties (Goodmans LLP), a notice stating the accrued amounts
owing directly by each of the Applicants under the Indenture and the guarantees executed
by the Applicants in respect of the Senior Notes (including, in each case, principal and
accrued interest thereon) up to the Filing Date. The Indenture Trustee shall confirm
whether such amounts are accurate to the Monitor within fifteen (15) Calendar Days of
receipt of the Applicants' notice. If such amounts are confirmed by the Indenture
Trustee, or in the absence of any response by the Indenture Trustee within fifteen (15)
Calendar Days of receipt of the Applicants' notice, such amounts shall be deemed to be
the accrued amounts owing directly by each of the Applicants under the Indenture and the
guarantees executed by the Applicants in respect of the Senior Notes for the purposes of
voting and for the purposes of distributions under the Plan, unless the amounts of such
Claims are otherwise agreed to in writing by the Applicants, the Backstop Parties, and the
Indenture Trustee, in which case such agreement shall govern. If the Indenture Trustee
indicates that it cannot confirm the accrued amounts owing directly by each of the
WSLegal\068261\00010\9610050v3
- 16 Applicants under the Indenture and the guarantees executed by the Applicants in respect
of the Senior Notes, such amounts shall be determined by the Court for the purposes of
voting and distributions under the Plan, unless the amount of such Claims are otherwise
agreed to in writing by the Applicants, the Backstop Parties and the Indenture Trustee, in
which case such agreement shall govern.
CLAIMS PROCEDURE FOR KNOWN CLAIMANTS
(i)
Disclaimers and Resiliations
21.
Any action taken by the Applicants to restructure, disclaim, resiliate, terminate or breach
any contract, lease or other agreement, whether written or oral, pursuant to the terms of
the Initial Order, must occur on or before the day that is ten (10) Calendar Days prior to
the date of the Creditors' Meeting. Any notices of disclaimer or resiliation delivered to
Claimants in connection with the foregoing shall be accompanied by a Claims Package.
22.
Any Claimant that wishes to assert a Restructuring Period Claim must return a completed
Proof of Claim to the Monitor such that it is received by the Monitor by no later than 5:00
p.m. on the Restructuring Period Claims Bar Date.
(ii)
Notice of Claims to Known Claimants
23.
The Monitor shall send a Claims Package to each of the Known Claimants by prepaid
ordinary mail before 11:59 p.m. on October 16, 2013.
CLAIMS PROCEDURE FOR UNKNOWN CLAIMANTS
(i)
Notice of Claims
24.
The Monitor will cause the Newspaper Notice to Claimants to be published on two
separate dates prior to October 18, 2013 in each of,the New York Times, the Calgary
Herald and the Globe and Mail (National Edition). The Monitor will also post electronic
copies of the Newspaper Notice to Claimants, the Proof of Claim, and this Order on the
Monitor's Website as soon as practically possible after the date on which this Order is
granted.
WSLega1\068261100010\9610050v3
-1725.
In addition, the Monitor shall send a Claims Package to any Unknown Claimant who
requests these documents. Any such Unknown Claimant must return a completed Proof
of Claim to the Monitor by no later than the Claims Bar Date.
CLAIMS BAR DATE,ADJUDICATION AND RESOLUTION OF CLAIMS
(i)
Barring of Claims
26.
Any Claimant that does not return a Proof of Claim to the Monitor by the Claims Bar
Date (or, for a Claimant asserting a Restructuring Period Claim, by the Restructuring
Period Claims Bar Date), unless otherwise ordered by the Court, shall:
(a)
not be entitled to vote at any Creditor's Meeting;
(b)
not be entitled to receive any distribution under any Plan;
(c)
not be entitled to any further notice in, and shall not be entitled to participate as a
Claimant or creditor in, the CCAA Proceedings in respect of such Claim;
(d)
be forever barred from making or enforcing any such Claim against any of the
Applicants, their Directors and their Officers, and all such Claims will be forever
extinguished and barred without any further act or notification by the Applicants;
and
(e)
be forever barred from making or enforcing any such Claim as against any other
Person who could claim contribution or indemnity from the Applicants, their
Directors and their Officers, or any of them and all such Claims will be forever
extinguished and barred without any further act or notification by the Applicants.
(ii)
Adjudication of Claims
27.
The Applicants and the Monitor shall review all Proofs of Claim received by the Claims
Bar Date and shall accept, revise or reject the amount of each Claim set out therein for
voting and/or distribution purposes. The Applicants or the Monitor shall by no later than
11:59 p.m. on November 29, 2013, notify each Claimant who has delivered a Proof of
Claim as to whether such Claimant's Claim as set out therein has been revised or rejected
WSLegal\068261 \00010\9610050v3
- 18 for voting purposes (and for distribution purposes, if the Applicants elect to do so), and
the reasons therefor, by sending a Notice of Revision or Disallowance. Where the
Applicants do not send by such date a Notice of Revision or Disallowance to a Claimant,
the Applicants shall be deemed to have accepted such Claimant's Claim in the amount set
out in that Claimant's Proof of Claim as a Voting Claim for voting purposes only, which
shall be deemed to be that Claimant's Voting Claim. The Applicants shall take each of
the foregoing steps in accordance with paragraph 9 hereof, as applicable.
28.
Any Claimant who intends to dispute a Notice of Revision or Disallowance sent pursuant
to the immediately preceding paragraph shall deliver a Notice of Dispute of Revision or
Disallowance to the Monitor by no later than 5:00 p.m. on the date that is ten (10)
Calendar Days after receipt of the Notice of Revision or Disallowance.
(iii)
Resolution of Claims
29.
Where a Claimant that receives a Notice of Revision or Disallowance pursuant to
paragraph 27 above does not file a Notice of Dispute of Revision or Disallowance by the
time set out in paragraph 28 above, the value of such Claimant's Voting Claim or
Distribution Claim (if the Notice of Revision or Disallowance dealt with the Distribution
Claim) shall be deemed to be as set out in the Notice of Revision or Disallowance.
30.
In the event that an Applicant, with the assistance of the Monitor (and in consultation
with counsel to the Backstop Parties, as applicable pursuant to paragraph 9 hereof), is
unable to resolve a dispute regarding any Voting Claim with a Claimant, the Applicant or
the Claimant shall so notify the Monitor, and the Claimant or the Applicant, as the case
may be. The decision as to whether the Claimant's Voting Claim should be adjudicated
by the Court or a Claims Officer shall be in the sole discretion of the Applicant (subject
to consultation with the Monitor and counsel to the Backstop Parties, as applicable
pursuant to paragraph 9 hereof); provided, however that to the extent a Claim is referred
under this paragraph to the Court or a Claims Officer, it shall be on the basis that the
value of the Claim shall be resolved or adjudicated both for voting and distribution
purposes (and that it shall remain open to the parties to agree that the Claimant's Voting
Claim may be settled by the Claimant and the Applicant (in consultation with counsel to
the Backstop Parties, as applicable pursuant to paragraph 9 hereof) without prejudice to a
WSLega1\068261\00010\9610050v3
- 19 future hearing by the Court or a Claims Officer to determine the Claimant's Distribution
Claim). Thereafter, the Court or a Claims Officer, as the case may be, shall resolve the
dispute between the Applicant and such Claimant, and in any event, it is anticipated that
the Court or a Claims Officer shall, by no later two (2) Calendar Days prior to the date of
the Creditors' Meeting, notify the Applicant, such Claimant and the Monitor (and counsel
to the Backstop Parties, as applicable pursuant to paragraph 9 hereof) of the
determination of the value of the Claimant's Voting Claim and Distribution Claim. Such
determination of the value of the Voting Claim and Distribution Claim by the Court or
the Claims Officer shall be deemed to be the Claimant's Voting Claim and Distribution
Claim for voting and distribution purposes.
31.
Where the value of a Claimant's Voting Claim has not been finally determined by the
Court or the Claims Officer by the date of the Creditors' Meeting, the relevant Applicant
shall (in consultation with counsel to the Backstop Parties, as applicable pursuant to
paragraph 9 hereof) either:
(a)
accept the Claimant's determination of the value of the Voting Claim as set out in
the applicable Notice of Dispute of Revision or Disallowance only for the
purposes of voting and conduct the vote of the creditors on that basis subject to a
final determination of such Claimant's Voting Claim, and in such case the
Monitor shall record separately the value of such Claimant's Voting Claim and
whether such Claimant voted in favour of or against the Plan;
(b)
adjourn the Creditors' Meeting until a final determination of the Voting Claim(s)
is made; or
(c)
deal with the matter as the Court may otherwise direct or as the relevant
Applicant, the Monitor and the Claimant (and in consultation with counsel to the
Backstop Parties, if applicable pursuant to paragraph 9 hereof) may otherwise
agree.
32.
The Applicants, with the assistance of the Monitor, shall review and consider all Proofs
of Claim filed in accordance with this Claims Procedure Order, in order to determine the
Distribution Claims. The relevant Applicants or the Monitor shall notify each Claimant
WSLegah068261\00010\9610050v3
- 20 who filed a Proof of Claim and who did not receive a Notice of Revision or Disallowance
for distribution purposes pursuant to paragraph 27 hereof as to whether such Claimant's
Claim as set out in such Claimant's Proof of Claim has been revised or rejected for
distribution purposes, and the reasons therefor, by delivery of a Notice of Revision or
Disallowance. Where the relevant Applicants or the Monitor do not send a Notice of
Revision or Disallowance for distribution purposes to a Claimant, the relevant Applicants
and the Monitor shall be deemed to have accepted the amount of such Claimant's Claim
as set out in such Claimant's Proof of Claim as such Claimant's Distribution Claim. The
Applicants shall take each of the foregoing steps in accordance with paragraph 9 hereof,
as applicable.
33.
Any Claimant who intends to dispute a Notice of Revision or Disallowance for
distribution purposes shall no later than ten (10) Calendar Days after receiving the notice
referred to in paragraph 32, deliver a Notice of Dispute of Revision or Disallowance to
the Monitor.
34.
Where a Claimant that receives a Notice of Revision or Disallowance pursuant to
paragraph 32 above does not return a Notice of Dispute of Revision or Disallowance for
distribution purposes to the Monitor by the time set out in paragraph 33 above, the value
of such Claimant's Distribution Claim shall be deemed to be as set out in the Notice of
Revision or Disallowance for distribution purposes and the Claimant will be barred from
disputing or appealing same.
35.
In the event that an Applicant (in consultation with counsel to the Backstop Parties, as
applicable pursuant to paragraph 9 hereof) is unable to resolve a dispute with a Claimant
regarding any Distribution Claim, the Applicant or the Claimant shall so notify the
Monitor, and the Claimant or the Applicant, as the case may be. The decision as to
whether the Claimant's Distribution Claim should be adjudicated by the Court or a
Claims Officer shall be in the sole discretion of the Applicant (subject to consultation
with counsel to the Backstop Parties, as applicable pursuant to paragraph 9 hereof).
Thereafter, the Court or a Claims Officer shall resolve the dispute between the Applicant
and such Claimant.
WSLegal\068261 100010\9610050v3
-2136.
Either a Claimant or an Applicant (subject to consultation with counsel to the Backstop
Parties, as applicable pursuant to paragraph 9 hereof) may, within seven (7) Calendar
Days of notification of a Claims Officer's determination of the value of a Claimant's
Voting Claim or Distribution Claim, appeal such determination to the Court by filing a
notice of appeal, and the appeal shall be initially returnable within ten (10) Calendar
Days of the filing of such notice of appeal, such appeal to be an appeal based on the
record before the Claims Officer and not a hearing de novo.
37.
If neither party appeals the determination of value of a Voting Claim or Distribution
Claim by a Claims Officer within the time set out in paragraph 36 above, the decision of
the Claims Officer in determining the value of a Claimant's Voting Claim or Distribution
Claim shall be final and binding upon the relevant Applicant, the Monitor and the
Claimant for voting and distribution purposes and there shall be no further right of
appeal, review or recourse to the Court from the Claims Officer's final determination of a
Voting Claim or Distribution Claim.
NOTICE OF TRANSFEREES
38.
If, after the Filing Date, the holder of a Claim transfers or assigns the whole of such
Claim to another Person, neither the Applicants nor the Monitor shall be obligated to give
notice or otherwise deal with the transferee or assignee of such Claim in respect thereof
unless and until actual notice of transfer or assignment, together with satisfactory
evidence of such transfer or assignment, shall have been received and acknowledged by
the relevant Applicant and the Monitor in writing and thereafter such transferee or
assignee shall for the purposes hereof constitute the "Claimant" in respect of such Claim.
Any such transferee or assignee of a Claim shall be bound by any notices given or steps
taken in respect of such Claim in accordance with this Order prior to receipt and
acknowledgement by the relevant Applicant and the Monitor of satisfactory evidence of
such transfer or assignment. A transferee or assignee of a Claim takes the Claim subject
to any rights of set-off to which any Applicant may be entitled with respect to such
Claim. For greater certainty, a transferee or assignee of a Claim is not entitled to set-off,
apply, merge, consolidate or combine any Claims assigned or transferred to it against or
on account or in reduction of any amounts owing by such Person to any of the
VVSLega1\068261\00010\9610050v3
- 22 Applicants. No transfer or assignment shall be received for voting purposes unless such
transfer shall have been received by the Monitor no later than ten (10) Business Days
prior to the date to be fixed by the Court for the Creditors' Meeting, failing which the
original transferor shall have all applicable rights as the "Claimant" with respect to such
Claim as if no transfer of the Claim had occurred. Reference to transfer in this Order
includes a transfer or assignment whether absolute or intended as security.
39.
If a Claimant, or any subsequent holder of a Claim, who has been acknowledged by the
Monitor as the holder of such, transfers or assigns the whole of such Claim to more than
one Person or part of such Claim to another Person, such transfers or assignments shall
not create separate Claims and such Claims shall continue to constitute and be dealt with
as a single Claim notwithstanding such transfers or assignments. The Monitor shall not,
in each case, be required to recognize or acknowledge any such transfers or assignments
and shall be entitled to give notices to and otherwise deal with such Claim only as a
whole and then only to and with the Person last holding such Claim provided such
Claimant may, by notice in writing delivered to the Monitor, direct that subsequent
dealings in respect of such Claim, but only as a whole, shall be dealt with by a specified
Person and in such event such Person shall be bound by any notices given or steps taken
in respect of such Claim with such Claimant in accordance with the provisions of this
Order,
40.
Neither the Applicants nor the Monitor are under any obligation to give notice to any
Person other than a Claimant holding a Claim and shall have no obligation to give notice
to any Person holding a security interest, lien or charge in, or a pledge or assignment by
way of security in, a Claim as applicable in respect of any Claim,
SERVICE AND NOTICE
41.
The Monitor and the Applicants may, unless otherwise specified by this Order, serve and
deliver any letters, notices or other documents contemplated by this Order and the Claims
Procedure to Claimants, Directors or Officers, and any other interested Persons, by
forwarding true copies thereof by prepaid ordinary mail, courier, personal delivery or
electronic or digital transmission to such Persons (with copies to their counsel if
applicable) at the address as last shown on the records of the Applicants or set out in such
WSLegah068261\00010\9610050v3
- 23 Person's Proof of Claim. Any such service or notice by courier, personal delivery or
electronic or digital transmission shall be deemed to have been received: (i) if sent by
ordinary mail, on the third Business Day after mailing within Alberta, the fifth Business
Day after mailing within Canada (other than within Alberta), and the tenth Business Day
after mailing internationally; (ii) if sent by courier or personal delivery, on the next
Business Day following dispatch; and (iii) if delivered by electronic or digital
transmission by 5:00 p.m. on a Business Day, on such Business Day, and if delivered
after 5:00 p.m. or other than on a Business Day, on the following Business Day.
42.
Any notice or other communication (including Proofs of Claim) to be given under this
Order by any Person to the Monitor shall be in writing in substantially the form, if any,
provided for in this Order and will be sufficiently given only if delivered by prepaid
registered mail, courier, personal delivery or electronic or digital transmission addressed
to the following address and any such notice or other communication by a Person shall be
deemed received only upon actual receipt thereof during normal business hours on a
Business Day, or if delivered outside of a normal business hours, the next Business Day:
PricewaterhouseCoopers Inc.
Monitor of Lone Pine Resources Inc. et al
3100, 111 - 5th Avenue S.W.
Calgary, Alberta
T2P 5L3
Attention: Susan Shabluk
Fax:
Phone:
Email:
43.
403-781-1825
403-509-7366
[email protected]
If during any period during which notices or other communications are being given
pursuant to this Order a postal strike or postal work stoppage of general application
should occur, such notices or other communications sent by ordinary mail and then not
received shall not, absent further order of the Court, be effective and notices and other
communications given hereunder during the course of any such postal strike or work
stoppage of general application shall only be effective if given by courier, personal
delivery or electronic or digital transmission in accordance with this Order.
VVS1egu1\068261\00010\9610050v3
-2444.
In the event that this Order is later amended by further order of the Court, the Monitor
shall post such further order on the Monitor's Website and such posting shall constitute
adequate notice of such amended claims procedure.
SET-OFF
45.
The Applicants (or any of them) may set-off (whether by way of legal, equitable or
contractual set-off) against payments or other distributions to be made pursuant to the
Plan to any Claimant, any claims of any nature whatsoever that the Applicants (or any of
them) may have against such Claimant, however, neither the failure to do so nor the
allowance of any claim hereunder shall constitute a waiver or release by the Applicants
(or any of them)of any such claim that the Applicants may have against such Claimant.
MISCELLANEOUS
46.
Notwithstanding any other provision of this Order, the sending of Notices to Claimant
and the solicitation of Proofs of Claim, and the filing by a Person of any Proof of Claim,
shall not, for that reason only, grant any Person any standing in the CCAA Proceedings
or rights under the Plan. Notwithstanding any other provision of this Order, the
Applicants shall not oppose counsel to the Backstop Parties or the Indenture Trustee
seeking standing in any proceedings before this Court, a Claims Officer or otherwise in
respect of the determination of any Claims in excess of $500,000.
47.
Nothing in this Order shall constitute or be deemed to constitute an allocation or
assignment of Claims or Excluded Claims by the Applicants into particular affected or
unaffected classes for the purpose of a Plan and, for greater certainty, the treatment of
Claims, Excluded Claims, or any other claims are to be subject to a Plan and the class or
classes of creditors for voting and distribution purposes shall be subject to the terms of
any proposed Plan or further Order of the Court.
48.
In the event that no Plan is approved by the Court, the Claims Bar Date and the
Restructuring Period Claims Bar Date shall be of no effect in any subsequent proceeding
or distribution with respect to any and all Claims made by Claimants.
WSLega1\068261\00010\9610050v3
-2549.
Nothing in this Order shall prejudice the rights and remedies of any Directors or Officers
under any existing Director and Officer insurance policy or prevent or bar any Person
from seeking recourse against or payment from any Director's and/or Officer's liability
insurance policy or policies that exist to protect or indemnify the Directors and/or
Officers; whether such recourse or payment is sought directly by the Person asserting a
Claim from the insurer or derivatively through the Director or Officer or one or more of
the Applicants; provided, however, that nothing in this Order shall create any rights in
favour of such Person under any policies of insurance nor shall anything in this Order
limit, remove, modify or alter any defence to such claim available to the insurer pursuant
to the provisions of any insurance policy or at law.
50.
This Court hereby requests the aid and recognition of any court, tribunal, regulatory or
administrative body having jurisdiction in Canada or the United States, or in any other
foreign jurisdiction, to give effect to this Order and to assist the Applicants, or any of
them, the Monitor and their respective agents in carrying out the terms of this Order. All
courts, tribunals, regulatory and administrative bodies are hereby respectfully requested
to make such orders and to provide such assistance to the Applicants, or any of them, and
to the Monitor, as an officer of the Court, as may be necessary or desirable to give effect
to this Order, to grant representative status to LPR Canada in any foreign proceeding, or
to assist the Applicants, or any of them, and the Monitor and their respective agents in
carrying out the terms of this Order,
51.
This Order shall have full force and effect in all provinces and territories of Canada,
outside Canada and against all Persons against whom it may be enforceable.
52.
The Applicants or the Monitor may from time to time apply to this Court to amend, vary,
supplement or replace this Order or for advice and direction concerning the discharge of
their respective powers and duties under this Order or the interpretation or application of
this Order,
WSLega1\068261\00010\96100500
SCHEDULE "A"
NEWSPAPER NOTICE TO CLAIMANTS AND OTHERS IN RESPECT OF CLAIMS
IN THE MATTER OF THE CCAA PROCEEDINGS OF LONE PINE RESOURCES
CANADA LTD., LONE PINE RESOURCES(HOLDINGS)INC., LONE PINE RESOURCES
INC., WISER OIL DELAWARE, LLC AND WISER DELAWARE LLC (collectively, the
"APPLICANTS",and each, an "APPLICANT")
PLEASE TAKE NOTICE that this Newspaper Notice to Claimants is being published pursuant to
an order of the Honourable Justice J. Strekaf of the Court of Queen's Bench of Alberta, Judicial
Centre of Calgary, dated October 9, 2013 (the "Claims Procedure Order"). All capitalized terms
not otherwise defined in this Newspaper Notice to Claimants shall bear the meaning given to them in
the Claims Procedure Order, which is posted on the website of the Monitor at
http://www.pwc.comicar-lpr (the "Monitor's Website").
Any Person who believes he, she, or it has a Claim against any of the Applicants or their
Directors or Officers shall submit his, her or its Claim in a Proof of Claim form (which can be
found on the Monitor's Website), other than an Excluded Claim (which includes Claims of any
Person who provided goods and/or services to any Applicant on or after the Filing Date).
Proof of Claim forms can also be obtained by contacting the Monitor at the address below and
providing particulars as to your name, address, facsimile number and e-mail address. Once the
Monitor has this information, you will receive, as soon as practicable, a Proof of Claim form.
All Claimants must submit their Proofs of Claim by submitting them to the Applicants care of
the Monitor by no later than 5:00 p.m.(Mountain Time) on November 13, 2013 (the "Claims
Bar Date") by registered mail, personal delivery, e-mail (in PDF format), courier or facsimile
transmission, and all Proofs of Claim must be actually received by the Monitor before the
Claims Bar Date, at the following addresses:
PricewaterhouseCoopers Inc.
Court-appointed Monitor of Lone Pine Resources Inc. et al.
#3100, 111 - 5 Avenue SW
Calgary, AB T2P 5L3
Attention: Susan Shabluk
Telephone: (403)509-7366
Fax: (403) 781-1825
Email: susan.l.shabluk!,ca.pwc.com
CLAIMS WHICH ARE NOT RECEIVED BY THE MONITOR BY THE CLAIMS BAR
DATE WILL BE BARRED AND EXTINGUISHED FOREVER.
The publication of this Notice to Claimant,the solicitation of Proofs of Claim by the Monitor or
the Applicants, and/or the sending of a Proof of Claim by a Claimant to the Monitor, does not
grant any Claimant or any Person standing in the CCAA Proceedings or any rights under any
Plan filed in respect of any of the Applicants, their Directors or Officers.
WSLega1\068261\00010\9550879v3
SCHEDULE "B"
PROOF OF CLAIM
(See attached for instructions)
IN THE MATTER OF THE CCAA PROCEEDINGS OF LONE PINE RESOURCES
CANADA LTD., LONE PINE RESOURCES(HOLDINGS)INC., LONE PINE RESOURCES
INC., WISER OIL DELAWARE, LLC AND WISER DELAWARE LLC (collectively, the
"APPLICANTS",and each, an "APPLICANT")
Regarding the claim of
this form as "the Claimant").
(referred to in
(name ofClaimant)
All notices or correspondence regarding this claim to be forwarded to the Claimant at the
following address:
Telephone Number:
Facsimile Number:
Attention (Contact Person):
Email Address:
(All future correspondence will be delivered to the designated email address unless the Claimant
specifically requests that hardcopies be provided)
❑
Please provide hardcopies of materials to the address above,
Claimant), of
1.
(name of the Claimant or representative of the
(City, Province or State) do hereby certify that:
I am the Claimant;
OR
I am
2.
(state position/title) of the Claimant,
I have knowledge of all the circumstances connected with the claim referred to in this
form.
WSLega1\068261\00010\9551110v3
-23.
Check box the Applicant against whom you make this claim.
❑
Lone Pine Resources Canada Ltd.
❑
Lone Pine Resources Inc.
❑
Lone Pine Resources (Holdings)Inc.
❑
Wiser Delaware LLC
❑
Wiser Oil Delaware, LLC
❑
Directors and Officers
The Applicant or Applicants (check appropriate box(es) above) was or were, at September 25, 2013
(or, for Restructuring Period Claimants, as at the date on which the subject agreement was
disclaimed, restructured, terminated or resiliated), and still is or are indebted to the Claimant in
the sum of CDN$
(insert CDN $ value ofclaim) as shown by the statement of
account attached hereto and marked Schedule A. Claims should not include the value of goods
and/or services supplied after September 25, 2013. If a Claimant's claim is to be reduced by
deducting any counterclaims to which the CCAA Applicant or Applicants is or are entitled
and/or amounts associated with the return of equipment and/or assets by the CCAA Applicant or
Applicants, please specify.
The statement of account must sped the evidence in support of the claim including the date and
location of the delivery of all services and materials. Any claim for interest must be supported by
contractual documentation evidencing the entitlement to interest.
4.
❑
A.
UNSECURED CLAIM OF $
. That in respect of this
claim, the Claimant does not hold and has not held any assets as security.
SECURED CLAIM OF $
B.
❑
claim, the Claimant holds assets valued at $
which are as follows:
.
That in respect of this
as security, particulars of
Givefull particulars ofthe security, including the date on which the security was given and the value
at which the Claimant assesses the security together with the basis ofvaluation, and attach a copy of
the security documents as Schedule B.
5.
Have you acquired this Claim by assignment?
(if yes, attach documents evidencing assignment)
(if yes) Full Legal Name of original creditor(s):
DATED this
day of
, 2013
Per:
Witness
WSLega1\068261\00010\9551 I I Ov3
Yes ❑
No ❑
-3Print name of Claimant:
If Claimant is other than an individual, print name
and title ofauthorized signatory
Name:
Title:
WSLega1\068261\00010\9551110v3
SCHEDULE "C"
INSTRUCTION LETTER
FOR THE CLAIMS PROCEDURE FOR CLAIMANTS (INCLUDING RESTRUCTURING
PERIOD CLAIMANTS)
IN THE MATTER OF THE CCAA PROCEEDINGS OF LONE PINE RESOURCES
CANADA LTD., LONE PINE RESOURCES(HOLDINGS)INC., LONE PINE RESOURCES
INC., WISER OIL DELAWARE, LLC AND WISER DELAWARE LLC (collectively, the
"APPLICANTS",and each, an "APPLICANT")
PLEASE TAKE NOTICE that this Instruction Letter is being sent pursuant to an order of the
Honourable Justice Strekaf of the Court of Queen's Bench of Alberta, Judicial Centre of Calgary,
dated October 9, 2013 (the "Claims Procedure Order"). All capitalized terms not otherwise
defined in this Instruction Letter shall bear the meaning given to them in the Claims Procedure Order,
which is posted on the website of the Monitor, at http://www.pwc.com/car-lpr.
Claims Procedure
This letter provides instructions for completing the Proof of Claim. A blank Proof of Claim form is
included with this letter.
The Claims Procedure is intended for any Person asserting a Claim (other than an Excluded Claim)
of any kind or nature whatsoever against any of the Applicants and/or any of their Directors and/or
Officers arising before September 25, 2013, or a Restructuring Period Claim arising after September
25, 2013.
If you wish to file a Claim (including a Restructuring Period Claim), you must file a Proof of
Claim to avoid the barring and extinguishment of any Claim (or Restructuring Period Claim)
which you may have against any of the Applicants and/or any of their Directors and/or
Officers.
If you have any questions regarding the Claims Procedure, please contact the Monitor at the
following addresses:
PricewaterhouseCoopers Inc.
Court-appointed Monitor of Lone Pine Resources Inc. et al.
#3100, 111 - 5 Avenue SW
Calgary, AB T2P 5L3
Attention: Susan Shabluk
Telephone: (403)509-7366
Fax: (403)781-1825
Email: [email protected]
WSLega1\068261\00010\9557478v3
- 2For Claimants or Restructuring Period Claimants Submitting a Proof of Claim
In the case of a Claim other than a Restructuring Period Claim, you are required to file a Proof of
Claim, in the form enclosed herewith, and ensure that it is received by the Monitor by 5:00 p.m.
(Mountain Time) on November 13, 2013 (the "Claims Bar Date") to avoid the barring and
extinguishment of any Claim you may have against any of the Applicants and/or any of their
Directors and/or Officers, if any.
In the case of a Restructuring Period Claim, you are required to file a Proof of Claim, in the form
enclosed herewith, and ensure that it is received by the Monitor by 5:00 p.m. on the day that is 7
Calendar Days after after termination, repudiation or resiliation of the applicable
agreement or other event giving rise to the applicable Restructuring Period Claim (the
"Restructuring Period Claims Bar Date"), to avoid the barring and extinguishment of any
Restructuring Period Claim you may have against any of the Applicants and/or any of their Directors
and/or Officers, if any.
Additional Proof of Claim forms can be found on the Monitor's Website or obtained by contacting
the Monitor at the address indicated above and providing particulars as to your name, address,
facsimile number and e-mail address. Once the Monitor has this information, you will receive, as
soon as practicable, a Proof of Claim form.
If you are submitting your Proof of Claim electronically, please submit it in PDF file and ensure the
name of the file is [legal name of creditor]poc.pdf.
IF A PROOF OF CLAIM IN RESPECT OF YOUR CLAIM OR RESTRUCTURING
PERIOD CLAIM IS NOT RECEIVED BY THE MONITOR BY THE CLAIMS BAR DATE
OR THE RESTRUCTURING PERIOD CLAIMS BAR DATE:
(A)
YOUR CLAIM SHALL BE FOREVER BARRED AND EXTINGUISHED AND YOU
WILL BE PROHIBITED FROM MAKING OR ENFORCING A CLAIM AGAINST
ANY OF THE APPLICANTS AND/OR ANY OF THEIR DIRECTORS AND/OR
OFFICERS AND/OR AS AGAINST ANY OTHER PERSON WHO COULD CLAIM
CONTRIBUTION OR INDEMNITY FROM THE APPLICANTS, THEIR
DIRECTORS AND THEIR OFFICERS;
(B)
YOU SHALL NOT BE PERMITTED TO VOTE ON ANY PLAN OF
ARRANGEMENT THAT IS ADVANCED ON BEHALF OF THE APPLICANTS OR
ANY OF THEM,OR ENTITLED TO ANY FURTHER NOTICE OR DISTRIBUTION
UNDER SUCH A PLAN,IF ANY; AND
(C)
YOU SHALL NOT BE ENTITLED TO PARTICIPATE AS A CREDITOR IN THE
CCAA PROCEEDINGS OF THE APPLICANTS, NOTING,HOWEVER,THAT THE
SENDING OF A NOTICE TO CLAIMANT, A NOTICE TO RESTRUCTURING
PERIOD CLAIMANT, THE SOLICITATION OF PROOFS OF CLAIM BY THE
MONITOR OR THE APPLICANTS AND/OR THE SENDING OF A PROOF OF
CLAIM BY A CLAIMANT TO THE MONITOR DOES NOT GRANT ANY
CLAIMANT OR ANY PERSON STANDING IN THE CCAA PROCEEDINGS OR
ANY RIGHTS UNDER ANY PLAN FILED IN RESPECT OF ANY OF THE
APPLICANTS,THEIR DIRECTORS OR OFFICERS.
WSLega11068261\00010\9557478v3
SCHEDULE "D"
NOTICE OF REVISION OR DISALLOWANCE
IN THE MATTER OF THE CCAA PROCEEDINGS OF LONE PINE RESOURCES
CANADA LTD., LONE PINE RESOURCES(HOLDINGS)INC., LONE PINE RESOURCES
INC., WISER OIL DELAWARE, LLC AND WISER DELAWARE LLC (collectively, the
"APPLICANTS",and each, an "APPLICANT")
TO:[insert name and address of Claimant or Restructuring Period Claimant]
PLEASE TAKE NOTICE that this Notice of Revision or Disallowance is being sent pursuant to an
order of the Honourable Justice Strekaf of the Court of Queen's Bench of Alberta, Judicial Centre of
Calgary, dated October 9, 2013 (the "Claims Procedure Order"). All capitalized terms not
otherwise defined in this Notice of Revision or Disallowance shall bear the meaning given to them in
the Claims Procedure Order, which is posted on the website of the Monitor, at
bap://vvvvw.pwc.com/car-lpr.
The Monitor has reviewed your Proof of Claim dated
revised or disallowed your Claim for the following reasons:
, 2013, and has
Subject to further dispute by you in accordance with the provisions of the Claims Procedure
Order, your Claim will be allowed as a(Voting and/or Distribution) Claim as follows:
Applicable Applicant
Claim per Proof of
Claim
$
Amount Revised/
Allowed as(Voting
Disallowed (for
and/or
Voting/Distribution)
Distribution)
Claim
$
$
If you intend to dispute this Notice of Revision or Disallowance, you must, no later than 5:00
p.m. (Mountain Time) on the day that is 10 days after your receipt of this Notice of
WSLega1\068261\00010\9588439v3
2
Revision or Disallowance, deliver a Notice of Dispute of Revision or Disallowance by
registered mail, personal delivery, e-mail (in PDF format), courier or facsimile transmission to
the following address:
PricewaterhouseCoopers Inc.
Court-appointed Monitor of Lone Pine Resources Inc. et al.
#3100, 111 - 5 Avenue SW
Calgary, AB T2P 5L3
Attention: Susan Shabluk
Telephone: (403)509-7366
Fax: (403) 781-1825
Email: [email protected]
Any Claimant who fails to deliver a Notice of Dispute of Revision or Disallowance by the date
set out above shall be deemed to accept the classification and the amount of its Claim as set out
in this Notice of Revision or Disallowance and such Claim as set out herein shall constitute a
(Voting and/or Distribution) Claim and the Claimant will have those rights set out in the Claims
Procedure Order with respect to such (Voting and/or Distribution) Claim.
If you do not deliver a Notice of Dispute of Revision or Disallowance by the deadline stated above,
you:
(a)
shall be forever barred from making or enforcing any Claim against any of the
Applicants, their Directors and their Officers (other than with respect to such Claim
as has been allowed in this Notice of Revision or Disallowance), and all such Claims
will be forever extinguished;
(b)
shall not be entitled to vote on (and/or receive any distribution under) any Plan of
Arrangement that is advanced on behalf of the Applicants or any of them, or entitled
to any further notice or distribution under such a Plan, if any (other than with respect
to such Claim as has been allowed in this Notice of Revision or Disallowance).
Dated at Calgary, Alberta, this
WSLega1\068261\00010\9588439v3
day of
,2013.
SCHEDULE "E"
NOTICE OF DISPUTE OF REVISION OR DISALLOWANCE OF THE CLAIMANT
(INCLUDING RESTRUCTURING PERIOD CLAIMANT)LISTED HEREIN
IN THE MATTER OF THE CCAA PROCEEDINGS OF LONE PINE RESOURCES
CANADA LTD., LONE PINE RESOURCES(HOLDINGS)INC., LONE PINE RESOURCES
INC., WISER OIL DELAWARE, LLC AND WISER DELAWARE LLC (collectively, the
"APPLICANTS",and each, an "APPLICANT")
By order of the Court of Queen's Bench of Alberta (the "Court") dated October 9, 2013 (as may be
amended, restated or supplemented from time to time (the "Claims Procedure Order"), in the
proceeding commenced by the Applicants under the Companies' Creditors Arrangement Act, R.S.C.
1985, c. C-36, as amended (the "CCAA"), the Applicants have been authorized to conduct a claims
procedure (the "Claims Procedure"). A copy of the Claims Procedure Order, with all schedules,
may be found on the Monitor's website at: http://www.pwc.com/car-lpr (the "Monitor's Website").
Capitalized terms used in this letter not otherwise defined in this letter shall have the meaning given
to them in the Claims Procedure Order.
Name of Claimant:
Address:
Telephone Number:
Facsimile Number:
Email Address:
PLEASE TAKE NOTICE THAT, pursuant to the Claims Procedure Order, we hereby give you
notice of our intention to dispute the Notice of Revision or Disallowance dated
, 2013 issued by PricewaterhouseCoopers Inc., in its capacity
as Court-appointed Monitor of the Applicants, in respect of our Claim. We accept/dispute the
following portion(s) of our Claim as revised and/or disallowed in the said Notice of Revision or
Disallowance:
Claim as
Revised Claim as Revised
Disputed
Accepted($CDN)
($CDN)
Reason for the dispute (attach copies of any supporting documentation):
WSLegal\068261\00010\9554769v2
2
Address for Service of Notice of Dispute of Revision or Disallowance:
PricewaterhouseCoopers Inc.
Court-appointed Monitor of Lone Pine Resources Inc. et al.
#3100, 111 - 5 Avenue S.W.
Calgary, AB T2P 5L3
Attention: Susan Shabluk
Telephone: (403)509-7366
Fax: (403) 781-1825
Email: [email protected]
THIS FORM AND ANY REQUIRED SUPPORTING DOCUMENTATION MUST BE
RETURNED TO THE MONITOR BY REGISTERED MAIL, PERSONAL SERVICE,
EMAIL (IN PDF FORMAT),FACSIMILE OR COURIER TO THE ADDRESS INDICATED
ABOVE AND MUST BE ACTUALLY RECEIVED BY THE MONITOR BY 5:00 P.M.
(MOUNTAIN TIME) ON THE DAY WHICH IS TEN DAYS AFTER THE DATE ON
WHICH THE NOTICE OF REVISION OR DISALLOWANCE IS ACTUALLY RECEIVED
BY YOU.
DATED this
day of
,2013
Per:
Witness
Name of Claimant/Restructuring Period Claimant:
If Claimant/Restructuring Period Claimant is other
than an individual, print name and title ofauthorized
signatory
Name:
Title:
VVSLegA068261\00010\9554769v2
SCHEDULE D
PLAN
(see attached)
CLERK'S STAMP
COURT FILE NUMBER
1301 – 11352
COURT
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CALGARY
IN THE MATTER OF THE COMPANIES' CREDITORS
ARRANGEMENT ACT, R.S.C. 1985, c. C-36, as amended
IN THE MATTER OF THE BUSINESS CORPORATIONS
ACT, R.S.A. 2000, c. B-9, as amended
AND IN THE MATTER OF THE COMPROMISE OR
ARRANGEMENT OF LONE PINE RESOURCES
CANADA
LTD., LONE PINE RESOURCES INC.,
LONE PINE RESOURCES (HOLDINGS) INC., WISER
DELAWARE LLC and WISER OIL DELAWARE, LLC
DOCUMENT
PLAN OF COMPROMISE AND ARRANGEMENT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS
DOCUMENT
BENNETT JONES LLP
Barristers and Solicitors
4500, 855 – 2nd Street S.W.
Calgary, Alberta T2P 4K7
Attention: Chris Simard
Telephone No.: 403-298-4485
Fax No.: 403-265-7219
Client File No.: 68261.10
D-1
PLAN OF
COMPROMISE AND ARRANGEMENT
WHEREAS Lone Pine Resources Canada Ltd. ("LPRC"), Lone Pine Resources (Holdings) Inc. ("LPR
Holdings"), Lone Pine Resources Inc. ("LPRI"), Wiser Oil Delaware, LLC ("Wiser Oil") and Wiser
Delaware LLC ("Wiser Delaware") (collectively, the "Applicants") are debtor companies under the
Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the "CCAA");
AND WHEREAS the Applicants obtained an order (as may be amended, restated or varied from time to
time, the "Initial Order") of the Court of Queen's Bench of Alberta (the "Court") under the CCAA dated
September 25, 2013 (the "Filing Date");
AND WHEREAS each of the Applicants hereby proposes and presents this plan of compromise and
arrangement to its respective Affected Unsecured Creditors Class (as defined below) under and pursuant
to the CCAA:
ARTICLE 1
INTERPRETATION
1.1
Definitions
In this Plan, unless otherwise stated or unless the subject matter or context otherwise requires:
"ABCA" means the Business Corporations Act (Alberta), as amended.
"Accretion Rate" means (i) with respect to the LPRC Preferred Shares, the 10% per annum rate at which
the redemption price per share of the LPRC Preferred Shares (which shall initially be equal to the Issue
Price) will increase over time, and (ii) with respect to the LPRI Multiple Voting Common Shares, the
10% per annum rate at which the number of votes attached to each LPRI Multiple Voting Common Share
(which shall initially be one vote per share) will increase over time.
"Affected Claim" means any Claim that is not an Unaffected Claim, and, for certainty, includes any
Equity Claim and the Note Obligations.
"Affected Creditor" means any holder of an Affected Claim (or its permitted assignee), but only with
respect to and to the extent of such Affected Claim.
"Affected Unsecured Claims" means all Affected Claims other than Equity Claims.
"Affected Unsecured Creditor" means any holder of an Affected Unsecured Claim (or its permitted
assignee), but only with respect to and to the extent of such Affected Unsecured Claim.
"Affected Unsecured Creditor's Pro-Rata Share" means, with respect to each Affected Unsecured
Creditor (other than a Cash Pool Creditor) as at the relevant time, (x) the principal amount of the Allowed
Affected Unsecured Claim held by such Affected Unsecured Creditor, divided by (y) the total principal
amount of all Allowed Affected Unsecured Claims held by Affected Unsecured Creditors (other than
Cash Pool Creditors).
"Affected Unsecured Creditors Classes" means the classes of Affected Unsecured Creditors entitled to
vote on this Plan at the Meetings in accordance with the terms of the Meeting Order, which, for certainty,
D-2
are (i) the LPRC Class, (ii) the LPR Holdings Class, (iii) the LPRI Class, (iv) the Wiser Oil Class, and (v)
the Wiser Delaware Class, and "Affected Unsecured Creditors Class" means any one of them.
"Agent" means JP Morgan Chase Bank, N.A., Toronto Branch, in its capacity as agent of the Syndicate.
"Agreed Number" means, with respect to the LPRC Class A Voting Common Shares, LPRC Preferred
Shares, LPRI Class A Voting Common Shares and LPRI Multiple Voting Common Shares to be issued
on the Plan Implementation Date pursuant to this Plan, the number of such shares as is, in each case,
agreed to by the Applicants, the Monitor and the Majority Initial Consenting Noteholders; provided that
(i) the Agreed Number of LPRC Preferred Shares shall be equal to the Agreed Number of LPRI Multiple
Voting Common Shares, (ii) the Agreed Number of LPRC Class A Voting Common Shares shall be equal
to the Agreed Number of LPRI Class A Voting Common Shares, and (iii) the aggregate number of LPRC
Preferred Shares issued on the Plan Implementation Date pursuant to this Plan shall be equal to three (3)
times the aggregate number of LPRC Class A Voting Common Shares issued on the Plan Implementation
Date pursuant to this Plan.
"Agreed Number of Votes" means the number of votes attaching to the LPRC Class C Multiple Voting
Share to be agreed to by the Applicants, the Monitor and the Majority Initial Consenting Noteholders;
provided that such number shall represent greater than 70% of the total voting rights attached to all voting
securities of LPRC that are outstanding immediately following Plan Implementation.
"Allowed" means, with respect to a Claim, any Claim or any portion thereof that has been finally allowed
pursuant to the Claims Procedure Order for purposes of receiving distributions under this Plan in
accordance with the Claims Procedure Order or a Final Order of the Court.
"Anticipated Implementation Date" means January 31, 2014, or such other date as may be agreed by
the Applicants, the Monitor, the Agent and the Majority Initial Consenting Noteholders.
"Applicable Law" means any law, statute, order, decree, consent decree, judgment, rule regulation,
ordinance or other pronouncement having the effect of law, whether in Canada, the United States or any
other country, of any domestic or foreign nation, province, territory, state, city or other political
subdivision or of any Governmental Entity.
"Applicants" has the meaning ascribed thereto in the recitals.
"Backstop Agreement" means the backstop agreement dated September 24, 2013 between the
Applicants and the Backstoppers, as it may be amended, restated, supplemented or varied from time to
time in accordance with the terms thereof.
"Backstop Amount" means cash in an amount equal to 4% of the New Investment Amount.
"Backstop Commitment" means the commitment to fund the entire New Investment Amount provided
by the Backstoppers pursuant to and in accordance with the terms and conditions of the Backstop
Agreement.
"Backstop Deadline" has the meaning ascribed thereto in the Meeting Order.
"Backstop Funding Deadline" has the meaning ascribed to such term in Section 4.5(f).
"Backstop Joinder" means an agreement in the form set out as Schedule B to the Backstop Agreement
pursuant to which, subject to the terms and conditions of the Backstop Agreement, a Qualifying
D-3
Unsecured Creditor may agree to become a Backstopper and be bound by the terms of the Backstop
Agreement.
"Backstop Payment Amount" has the meaning ascribed to such term in Section 4.5(e)(ii).
"Backstopped Shares" has the meaning ascribed to such term in Section 4.5(e)(i).
"Backstoppers" means those Qualifying Unsecured Creditors that are Consenting Creditors and are
parties to the Backstop Agreement (and any of their permitted assignees or designees), either by having
executed the original Backstop Agreement as at September 24, 2013 or a Backstop Joinder on or before
the Backstop Deadline, and "Backstopper" means any one of them.
"Backstopper's Pro-Rata Share" means, with respect to each Backstopper, (x) the amount of the
Backstop Commitment committed to by such Backstopper pursuant to the Backstop Agreement, divided
by (y) the New Investment Amount.
"BIA" means the Bankruptcy and Insolvency Act (Canada), as amended.
"Business Day" means a day, other than Saturday, Sunday or a statutory holiday, on which banks are
generally open for the transaction of commercial business in Calgary, Alberta and New York, New York.
"Canadian Tax Act" means the Income Tax Act (Canada), as amended.
"Cash Election" means a written election by an Affected Unsecured Creditor which holds an Allowed
Affected Unsecured Claim in an aggregate amount greater than the Cash Pool Cap to reduce the aggregate
amount of such Allowed Affected Unsecured Claim to the Cash Pool Cap, made in the form attached as
Schedule I to the Meeting Order.
"Cash Election Deadline" has the meaning ascribed thereto in the Meeting Order.
"Cash Pool" means a pool of cash in the amount of the Distributable Amount to be established on the
Plan Implementation Date pursuant to Section 4.1.
"Cash Pool Cap" means $10,000 (or such greater amount as may be agreed to by the Applicants, the
Monitor and the Majority Initial Consenting Noteholders prior to the Plan Implementation Date).
"Cash Pool Creditor" means an Affected Unsecured Creditor who, on the Plan Implementation Date,
holds an Allowed Affected Unsecured Claim in an aggregate amount that either (i) is not greater than the
Cash Pool Cap, or (ii) is greater than the Cash Pool Cap but which the Affected Unsecured Creditor
elected, by providing a Cash Election to the Monitor before the Cash Election Deadline, to reduce to the
Cash Pool Cap;
"Cash Pool Creditor's Pro-Rata Share" means, with respect to each Cash Pool Creditor as at the
relevant time, (x) the principal amount of the Allowed Affected Unsecured Claim held by such Cash Pool
Creditor (as such amount may have been reduced by the Cash Election of such Cash Pool Creditor),
divided by (y) the total principal amount of all Allowed Affected Unsecured Claims held by all Cash Pool
Creditors (as such amounts may have been reduced by the Cash Elections of any such Cash Pool
Creditors).
"CCAA" has the meaning ascribed thereto in the recitals.
D-4
"CCAA Proceeding" means the proceeding commenced by the Applicants under the CCAA on the Filing
Date.
"Charges" means the Administration Charge, the Directors' Charge, the DIP Lenders' Charge, the KERP
Charge and the Subordinated Advisor Charge, each as defined in the Initial Order, the Hedging Charge as
defined in the Order of the Court dated November 27, 2013, and any other charges on the property of the
Applicants granted by Order of the Court.
"Claim" has the meaning ascribed thereto in the Claims Procedure Order.
"Claims Procedure Order" means the Order of the Court under the CCAA dated October 9, 2013,
establishing a claims procedure in respect of the Applicants, as same may be amended, restated or varied
from time to time.
"Company Advisors" means Bennett Jones LLP, Richards, Layton & Finger, P.A., Vinson & Elkins LLP
and RBC Dominion Securities Inc.
"Consenting Creditors" means the Initial Consenting Noteholders and any other Affected Unsecured
Creditors that are parties to the Support Agreement (and any of their permitted assignees), either by
having executed the original Support Agreement as at September 24, 2013 or a Support Joinder on or
before the Backstop Deadline.
"Court" has the meaning ascribed thereto in the recitals.
"Creditor" means any Person having a Claim, but only with respect to and to the extent of such Claim,
including the transferee or assignee of a transferred Claim that is recognized as a Creditor in accordance
with the Claims Procedure Order or a trustee, executor, liquidator, receiver, receiver and manager, or
other Person acting on behalf of or through such Person.
"Current Credit Agreement" means the credit agreement dated March 18, 2011, as amended, among
LPRI as parent, LPRC as borrower, the Agent, and the Syndicate.
"Current Credit Facility" means the credit facility provided to LPRC, as borrower, pursuant to the
Current Credit Agreement.
"Current Bank Security" means all security agreements, security interests, liens, debentures, charges
and other Encumbrances granted by the Applicants in favour of the Agent and/or the Syndicate to secure
the obligations of any one or more of the Applicants under the Current Credit Facility or any other
agreements, instruments or other arrangements contemplated by the Current Credit Agreement.
"DIP Agreement" means the debtor-in-possession credit agreement between LPRC, as borrower, LPRI,
as guarantor, and the DIP Lenders, as such agreement may be modified, amended or supplemented in
accordance with the terms thereof, the Initial Order or any other Order.
"DIP Facility" means the interim financing facility provided to LPRC, as borrower, by the DIP Lenders
pursuant to the DIP Agreement.
"DIP Lenders" means, collectively, JP Morgan Chase Bank, N.A., Toronto Branch, Bank of Montreal,
Wells Fargo Bank, N.A., Canadian Branch, The Toronto Dominion Bank, The Bank of Nova Scotia,
Canadian Imperial Bank of Commerce, and JP Morgan Chase Bank, N.A., Toronto Branch, as
administrative agent.
D-5
"Directors" means all current and former directors and individual managers (or their estates) of any one
or more of the Applicants, in such capacity, and "Director" means any one of them.
"Disputed Distribution Claim" means an Affected Unsecured Claim (including a contingent Affected
Unsecured Claim which may crystallize upon the occurrence of an event or events occurring after the
Filing Date) or such portion thereof which has not been Allowed, which is disputed for distribution
purposes in accordance with the Claims Procedure Order and which remains subject to adjudication for
distribution purposes in accordance with the Claims Procedure Order and, for certainty, does not include
any Equity Claims.
"Disputed Distribution Claims Reserve" means the reserve, if any, to be established by the Applicants
on the Plan Implementation Date, which shall be comprised of the consideration that would have been
paid to holders of Disputed Distribution Claims if such Disputed Distribution Claims had been Allowed
Claims as of such date and which shall be acceptable to the Applicants, the Monitor and the Majority
Initial Consenting Noteholders.
"Distributable Amount" means $700,000 (or such greater amount as may be agreed to by the
Applicants, the Monitor and the Majority Initial Consenting Noteholders prior to the Plan Implementation
Date).
"Distribution Date" means the date or dates, excluding the Initial Distribution Date, determined by the
Applicants and the Monitor from time to time on which to effect subsequent distributions in respect of
Allowed Claims (including any Disputed Distribution Claim that becomes an Allowed Affected
Unsecured Claim pursuant to the provisions of this Plan).
"DTC" means The Depository Trust Company or Cede & Co. as its nominee, in its capacity as registered
holder of the Notes, or any successor thereof.
"Effective Time" means 12:01 a.m. (Calgary time) on the Plan Implementation Date or such other time
on such date as the Applicants, the Monitor and the Majority Initial Consenting Noteholders may agree.
"Employee Amounts" means all outstanding wages, salaries and employee benefits (including employee
medical, dental, disability, life insurance and similar benefit plans or arrangements, incentive plans, share
compensation plans and employee assistance programs and employee or employer contributions in
respect of pension or group savings plans, and other benefits), vacation pay, commissions, bonuses and
other incentive payments, termination and severance payments, and employee expenses and
reimbursements, in each case incurred in the ordinary course of business and consistent with existing
compensation policies and arrangements, and all equivalent amounts related to individuals who perform
employment-like services for the Applicants as contractors.
"Encumbrance" means any charge, mortgage, lien, pledge, claim, restriction, hypothec, adverse interest,
security interest or other encumbrance, whether created or arising by agreement, statute or otherwise at
law, attaching to property, interests or rights, and shall be construed in the widest possible terms and
principles known under the law applicable to such property, interests or rights and whether or not they
constitute specific or floating charges as those terms are understood under the laws of the Province of
Alberta.
"Equity Claim" means a Claim that is an "equity claim" within the meaning of section 2(1) of the CCAA,
and, for certainty, includes (i) any claims resulting from the ownership, purchase or sale of an Equity
Interest, and (ii) any indemnification claims against the Applicants related to or arising from (i) above.
D-6
"Equity Claimant" means any Person with an Equity Claim or holding an Equity Interest, but only in
such capacity, and for certainty includes an Existing Shareholder in its capacity as such.
"Equity Interests", with respect to LPRI, has the meaning ascribed thereto in section 2(1) of the CCAA
and, for certainty, includes the Existing Parent Shares, the Options and any other interest in or entitlement
to shares in the capital stock of LPRI.
"Existing Parent Shares" means all shares in the capital stock of LPRI, of any class, whether shares of
common stock, par value US$0.01 per share or shares of preferred stock, par value US$0.01 per share
(including shares of preferred stock of that certain series designated as Series A Junior Participating
Stock), or otherwise, that are issued and outstanding immediately prior to the Effective Time, and for
certainty does not include any New Shares in the capital stock of LPRI issued on the Plan Implementation
Date pursuant to this Plan.
"Existing Shareholder" means any Person who holds or is entitled to the Existing Parent Shares or any
shares in the authorized capital stock of LPRI immediately prior to the Effective Time, but only in such
capacity, and for certainty does not include any Person that is issued New Shares on the Plan
Implementation Date pursuant to this Plan, in such capacity.
"Filing Date" has the meaning ascribed thereto in the recitals.
"Final Order" means any order, ruling or judgment of the Court, or any other court of competent
jurisdiction, which has not been reversed, modified or vacated, and is not subject to any stay, and in
respect of which all applicable appeal periods shall have expired and any appeals therefrom shall have
been disposed of by the applicable appellate court.
"Fractional Interests" has the meaning ascribed to such term in Section 4.13.
"Funding Deadline" has the meaning ascribed to such term in Section 4.5(b).
"Government Priority Claims" means all Claims of Governmental Entities against the Applicants in
respect of amounts that are outstanding and that are of a kind that could reasonably be subject to a
demand under:
(a)
subsections 224(1.2) of the Canadian Tax Act;
(b)
any provision of the Canada Pension Plan or the Employment Insurance Act (Canada)
that refers to subsection 224(1.2) of the Canadian Tax Act and provides for the collection
of a contribution, as defined in the Canada Pension Plan, or employee's premium or
employer's premium as defined in the Employment Insurance Act (Canada), or a premium
under Part VII. I of that Act, and of any related interest, penalties or other amounts; or
(c)
any provision of provincial legislation that has a similar purpose to subsection 224(1.2) of
the Canadian Tax Act, or that refers to that subsection, to the extent that such provision
provides for the collection of a sum, and of any related interest, penalties or other
amounts, where the sum:
(i)
has been withheld or deducted by a person from a payment to another person
and is in respect of a tax similar in nature to the income tax imposed on
individuals under the Canadian Tax Act; or
D-7
(ii)
is of the same nature as a contribution under the Canada Pension Plan if the
province is a "province providing a comprehensive pension plan" as defined
in subsection 3(1) of the Canada Pension Plan and the provincial legislation
establishes a "provincial pension plan" as defined in that subsection.
"Governmental Entity" means any government, regulatory authority, government department, agency,
commission, bureau, official, minister, Crown corporation, court, board, tribunal or dispute settlement
panel or other law, rule or regulation-making body or entity: (a) having or purporting to have jurisdiction
on behalf of any nation, province, territory or state or any other geographic or political subdivision of any
of them; or (b) exercising, or entitled or purporting to exercise any administrative, executive, judicial,
legislative, policy, regulatory or taxing authority or power.
"Information Circular" has the meaning ascribed thereto in the Meeting Order.
"Initial Backstoppers" means those Backstoppers (and any of their permitted assignees) that were the
original signatories to the Backstop Agreement (as distinct from a Backstop Joinder) as at September 24,
2013.
"Initial Consenting Noteholders" means those Noteholders (and any of their permitted assignees) that
were the original signatories to the Support Agreement (as distinct from a Support Joinder) as at
September 24, 2013 and "Initial Consenting Noteholder" means any one of them.
"Initial Distribution Date" means the Plan Implementation Date or such other date as the Applicants, the
Monitor and the Majority Initial Consenting Noteholders may agree.
"Initial Order" has the meaning ascribed thereto in the recitals.
"Insured Claim" means all or that portion of a Claim arising from a cause of action for which the
applicable insurer has definitively and unconditionally confirmed that each applicable Applicant is
insured, but only to the extent that such Claim, or portion thereof, is so insured.
"Intercompany Claim" means a Claim by one or more of the Applicants against one or more other
Applicants.
"Issue Price" means, for each LPRC Preferred Share issued on the Plan Implementation Date, the amount
determined by dividing (x) the New Investment Amount by (y) the Agreed Number of LPRC Preferred
Shares issued on the Plan Implementation Date pursuant to this Plan.
"Joint Venture Partner" means any Person who has a working interest or joint ownership interest in any
equipment, lands, properties, production, wells, facilities, plants, batteries, infrastructure or other assets
associated with the oil and gas exploration business of the Applicants, in which the Applicants also have a
working interest or joint ownership interest, in such capacity.
"KERP" means the payments to be made to certain key employees of the Applicants, as approved under
the Initial Order and as described in the key employee retention plan letters attached to, and filed with the
Court together with the confidential supplement to the Pre-Filing Report of the Monitor dated as of
September 24, 2013.
"LPRC" has the meaning ascribed thereto in the recitals.
D-8
"LPRC Class A Voting Common Shares" means the Class A voting common shares in the capital of
LPRC, the terms of which shall, upon giving effect to the amendment to the articles of LPRC described in
Section 5.5(c), be substantially economically equivalent to the terms of the LPRC Class B Non-Voting
Common Shares.
"LPRC Class B Non-Voting Common Shares" means the Class B non-voting common shares in the
capital of LPRC, the terms of which shall, upon giving effect to the amendment to the articles of LPRC
described in Section 5.5(c), be substantially economically equivalent to the terms of the LPRC Class A
Voting Common Shares.
"LPRC Class C Multiple Voting Share" means the new Class C multiple voting share in the capital of
LPRC to be created upon giving effect to the amendment to the articles of LPRC described in Section
5.5(c), the terms of which shall be substantially the same as the terms of the LPRC Class A Voting
Common Shares except that the LPRC Class C Multiple Voting Share shall have attached thereto the
Agreed Number of Votes.
"LPRC Preferred Shares" means the new redeemable convertible preferred shares in the capital of
LPRC to be created upon giving effect to the amendment to the articles of LPRC described in Section
5.5(c), which shall be (i) redeemable at a redemption price per share that is initially equal to the Issue
Price and will increase over time based on the Accretion Rate and (ii) convertible into LPRC Class B
Non-Voting Common Shares initially on the basis of, for each LPRC Preferred Share converted, one
LPRC Class B Non-Voting Common Share subject to increase over time based on the increase in the
redemption price.
"LPR Holdings" has the meaning ascribed thereto in the recitals.
"LPRI" has the meaning ascribed thereto in the recitals.
"LPRI Class A Voting Common Shares" means the new Class A voting common shares in the capital
stock of LPRI to be created upon giving effect to the amendment to the certificate of incorporation of
LPRI described in Section 5.5(i).
"LPRI Multiple Voting Common Shares" means the new multiple voting common shares in the capital
stock of LPRI to be created upon giving effect to the amendment to the certificate of incorporation of
LPRI described in Section 5.5(i), the terms of which shall initially entitle the holder thereof to one (1)
vote per share subject to increase over time based on the Accretion Rate.
"LPRI Subscription Amount" means the aggregate amount paid by Subscribing Unsecured Creditors to
subscribe, as part of the New Investment, for the LPRI Multiple Voting Common Shares to be issued on
the Plan Implementation Date pursuant to this Plan, which will be the amount determined by dividing (x)
the New Investment Amount by (y) 1,000,000.
"Majority Initial Consenting Noteholders" means Initial Consenting Noteholders holding not less than
a majority of the principal amount of the Notes held by all Initial Consenting Noteholders as at the time
that any agreement, waiver, consent or approval is sought or required, as the case may be, and in each
case as communicated to the Applicants by counsel to the Initial Consenting Noteholders in accordance
with Section 10.6.
"Meetings" means the meetings of Affected Unsecured Creditors to be held on the Meeting Date called
for the purpose of considering and voting on this Plan pursuant to the CCAA, and includes any
D-9
adjournment, postponement or other rescheduling of such meetings in accordance with the Meeting
Order.
"Meeting Date" means the date on which the Meetings are held in accordance with the Meeting Order.
"Meeting Order" means the Order of the Court under the CCAA that, among other things, sets the date
for the Meetings, as the same may be amended, restated or varied from time to time.
"Monitor" means PricewaterhouseCoopers Inc., as Court-appointed Monitor of the Applicants in the
CCAA Proceeding.
"Monitor Advisors" means McCarthy Tétrault LLP and Potter Anderson & Corroon LLP.
"New Credit Facility" means the credit facility or facilities required to be obtained by LPRC as a
condition to the Recapitalization and the Support Agreement, and includes (i) the agreement or
agreements pursuant to which such facility or facilities are provided and (ii) all security agreements,
security interests, liens, debentures, charges and other encumbrances granted by the Applicants in favour
of the providers of such facility or facilities to secure the obligations of LPRC thereunder or in connection
therewith.
"New Investment" means the new investment by Subscribing Unsecured Creditors in (i) LPRC Preferred
Shares in the aggregate subscription amount equal to the New Investment Amount, and (ii) LPRI Multiple
Voting Common Shares in the aggregate subscription amount equal to the LPRI Subscription Amount.
"New Investment Amount" means such amount, between a minimum of US$100,000,000 and a
maximum of US$110,000,000, as is agreed to by the Applicants, the Monitor and the Initial Backstoppers
on or before January 8, 2014 (or such later date as may be agreed to by the Applicants, the Monitor and
the Initial Backstoppers).
"New Investment Subscription Deadline" has the meaning ascribed thereto in the Meeting Order.
"New Investment Subscription Form" means the form pursuant to which each Qualifying Unsecured
Creditor shall have the right, but not the obligation, to elect irrevocably to participate in the New
Investment, conditional upon the implementation of this Plan and effective on the Plan Implementation
Date, up to a maximum of such Affected Unsecured Creditor's Pro-Rata Share of the New Investment,
which form is attached as Schedule H to the Meeting Order.
"New Investment Subscription Privilege" means the right of a Qualifying Unsecured Creditor to
participate in the New Investment by electing, in accordance with the provisions of this Plan, to subscribe
for and purchase from the Applicants up to its Subscribing Unsecured Creditor's Pro-Rata Share of LPRC
Preferred Shares under the New Investment, and the same number of LPRI Multiple Voting Common
Shares.
"New Shares" means the new shares in the capital of LPRC or in the capital stock of LPRI to be issued
on the Plan Implementation Date by LPRC or LPRI, as applicable, pursuant to the provisions of this Plan.
"Note Indenture" means the note indenture dated February 14, 2012 among LPRC as issuer, the other
Applicants as guarantors, and U.S. Bank National Association as trustee, pursuant to which the Notes
were issued, as it may be amended, restated, varied or supplemented in accordance with its terms.
D-10
"Note Indenture Trustee" means U.S. Bank National Association, in its capacity as trustee under the
Note Indenture, or any successor thereof.
"Note Obligations" means all obligations, liabilities and indebtedness of the Applicants (whether as
borrower, guarantor, surety or otherwise) to the Note Indenture Trustee and/or the Noteholders under,
arising out of or in connection with the Notes, the Note Indenture or the guarantees granted in connection
with any of the foregoing, as well as any other agreements or documents relating thereto, as at the Plan
Implementation Date.
"Noteholder Advisors" means Goodmans LLP and Stroock & Stroock & Lavan LLP.
"Noteholder" means a holder of Notes, in such capacity.
"Notes" means the 10.375% senior notes due 2017 issued by LPRC pursuant to the Note Indenture.
"Officers" means all current and former officers (or their estates) of any one or more of the Applicants, in
such capacity, and "Officer" means any one of them.
"Option Plans" means any plan or arrangement of any Applicant pursuant to which options, warrants or
other rights to purchase or otherwise receive shares or other securities of any Applicant, in each case as
such plan or arrangement may be amended, restated or varied from time to time in accordance with the
terms thereof, including the Lone Pine Resources Inc. 2011 Stock Incentive Plan.
"Options" means any options, warrants, rights, conversion privileges, puts, calls, subscriptions, or other
rights, entitlements, agreements, arrangements, commitments or claims of any kind (whether pre-emptive,
contingent, conditional or otherwise) obligating an Applicant to sell or otherwise issue, or to purchase or
otherwise acquire, shares or other securities of any Applicant, or any securities or obligations of any kind
convertible into or exchangeable for shares or other securities of any Applicant, in each case that are
existing or are issued and outstanding immediately prior to the Effective Time, including any award made
under the Lone Pine Resources Inc. 2011 Stock Incentive Plan pursuant to which the holder thereof may
purchase or otherwise receive shares of common stock of LPRI, any preferred share purchase rights under
the Rights Agreement, or any options, warrants or other rights pursuant to any other Option Plan, and any
rights, entitlements, agreements, arrangements, commitments or claims of any kind to receive any other
form of consideration in respect of any prior or future exercise of any of the foregoing.
"Order" means any order, ruling or judgment of the Court or any other court of competent jurisdiction
made in connection with the CCAA Proceeding.
"Person" means any individual, firm, corporation, limited or unlimited liability company, general or
limited partnership, association, trust, unincorporated organization, joint venture, Governmental Entity or
any agency, officer or instrumentality thereof or of any other entity.
"Plan" means this Plan of Compromise and Arrangement filed by each of the Applicants under the
CCAA, as it may be amended, supplemented or restated from time to time in accordance with the terms
hereof.
"Plan Implementation Date" means the Business Day on which this Plan becomes effective, which shall
be the Business Day on which the Monitor delivers to the Applicants and Goodmans LLP the certificate
referenced in Section 9.2.
D-11
"Plan Supplement Document" means any document or agreement that is entered into in order to
supplement or implement the provisions of this Plan, and that is expressly established as a "Plan
Supplement Document" in its terms, including any "Plan Supplement" within the meaning of the Meeting
Order.
"Post-Filing Trade Payables" means trade payables that were incurred by the Applicants in the ordinary
course of business (i) after the Filing Date but before the Plan Implementation Date and (ii) in compliance
with the Initial Order and any other Orders issued in connection with the CCAA Proceeding.
"Post-Implementation Boards" means (i) the board of directors of LPRC upon implementation of the
Plan and (ii) the board of directors of LPRI upon implementation of the Plan, as appointed in accordance
with the Sanction Order.
"Prior Ranking Secured Claims" means Claims existing on both the Filing Date and the Plan
Implementation Date, other than (i) Syndicate Claims and (ii) Claims secured by the Charges, that in each
case have the benefit of a valid and enforceable security interest in, mortgage or charge over, lien against
or other similar interest in, any of the assets that the Applicants own or to which the Applicants are
entitled, but only to the extent of the realizable value of the property subject to such security.
"Proof of Claim" has the meaning ascribed thereto in the Claims Procedure Order.
"Qualifying Unsecured Creditor" means an Affected Unsecured Creditor as of the Voting Record Date
that (i) is not a Cash Pool Creditor, and (ii) is an "accredited investor" as defined under Section 501 of
Regulation D under the U.S. Securities Act.
"Recapitalization" means the transactions contemplated by this Plan.
"Released Claim" has the meaning ascribed to such term in Section 7.1.
"Released Party" and "Released Parties" have the meanings ascribed to such terms in Section 7.1.
"Required Majorities" means, in respect of each Meeting, a majority in number of Affected Unsecured
Creditors representing at least two-thirds in value of the Voting Claims of Affected Unsecured Creditors
who are entitled to vote at the Meeting in accordance with the Meeting Order and who are present and
voting in person or by proxy on the resolution approving this Plan at the Meeting.
"Rights Agreement" means the rights agreement dated May 11, 2011 between LPRI and Mellon Investor
Services LLC, as rights agent, relating to the preferred share purchase rights attached to the shares of
common stock, par value $0.01 per share of LPRI.
"Sanction Date" means the date that the Sanction Order is made by the Court.
"Sanction Order" means the Order of the Court sanctioning and approving this Plan.
"Sanction Recognition Order" means the order of the U.S. Court made in the U.S. Proceeding that,
among other things, recognizes and gives effect to the Sanction Order in the United States.
"Subscribing Unsecured Creditor" means (i) each Backstopper and (ii) every other Qualifying
Unsecured Creditor that submits a duly executed New Investment Subscription Form electing to
participate in the New Investment in accordance with Section 4.4.
D-12
"Subscribing Unsecured Creditor's Pro-Rata Share" means, with respect to each Subscribing
Unsecured Creditor, (x) the amount of the New Investment Amount to be taken up by such Subscribing
Unsecured Creditor as at the Plan Implementation Date, divided by (y) the New Investment Amount.
"Subscription Amount" has the meaning ascribed to such term in Section 4.5(a).
"Support Agreement" means the Support Agreement dated September 24, 2013 between the Applicants
and the Consenting Creditors, as it may be amended, restated, supplemented or varied from time to time
in accordance with the terms thereof.
"Support Joinder" means an agreement in the form set out as Schedule C to the Support Agreement or as
contemplated by the Backstop Agreement pursuant to which an Affected Unsecured Creditor agrees to
become a Consenting Creditor and to be bound by the terms of the Support Agreement.
"Syndicate" means the syndicate of lenders pursuant to the Current Credit Agreement, at the relevant
time, in their capacity as such.
"Syndicate Claim" means a Claim of the Agent and/or the Syndicate in respect of the Current Credit
Facility, the Current Credit Agreement or any other obligation of one or more of the Applicants the
performance of which is secured by the Current Bank Security.
"Taxing Authority" means any one of Her Majesty the Queen, Her Majesty the Queen in right of
Canada, Her Majesty the Queen in right of any province or territory of Canada, the Canada Revenue
Agency, any similar revenue or taxing agency or authority of Canada and each and every province or
territory of Canada and any political subdivision thereof, the United States Internal Revenue Service, any
similar revenue or taxing agency or authority of the United States and each and every state of the United
States, and any Canadian, United States or other government, regulatory authority, government
department, agency, commission, bureau, official, minister, court, board, tribunal or other law, rule or
regulation making body or entity exercising taxing authority or power.
"U.S. Bankruptcy Code" means title 11 of the United States Code, as amended from time to time.
"U.S. Court " means the United States Bankruptcy Court for the District of Delaware.
"U.S. Proceeding" means the proceeding commenced by LPRC, as authorized representative of the
Applicants, under Chapter 15 of the U.S. Bankruptcy Code on the Filing Date.
"U.S. Securities Act" means the United States Securities Act of 1933, as amended.
"Unaffected Claim" means any:
(a)
Claim secured by any of the Charges;
(b)
Syndicate Claim;
(c)
Insured Claim;
(d)
Intercompany Claim;
(e)
Post-Filing Trade Payable;
(f)
Claim by an Unaffected Trade Creditor arising from an Unaffected Trade Claim;
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(g)
Claim by a Joint Venture Partner;
(h)
Prior Ranking Secured Claim;
(i)
Claim that is not permitted to be compromised pursuant to section 19(2) of the CCAA,
but only to the extent not permitted;
(j)
Claim in respect of an Employee Amount (other than in respect of Options); and
(k)
Government Priority Claim.
"Unaffected Creditor" means a Creditor who has an Unaffected Claim, but only in respect of and to the
extent of such Unaffected Claim.
"Unaffected Trade Claim" means a Claim of an Unaffected Trade Creditor that is not a Post-Filing
Trade Payable and that arises out of or in connection with any contract, license, lease, agreement,
obligation, arrangement, understanding or document with the Applicants related to the business of the
Applicants.
"Unaffected Trade Creditor" means any Person that has been designated by the Applicants, with the
consent of the Monitor, as a critical supplier in accordance with the Initial Order.
"Undeliverable Distribution" has the meaning ascribed to such term in Section 4.11.
"Voting Claim" has the meaning ascribed thereto in the Claims Procedure Order.
"Voting Record Date" has the meaning ascribed thereto in the Meeting Order.
"Website" means http://www.pwc.com/car-lpr.
"Wiser Delaware" has the meaning ascribed thereto in the recitals.
"Wiser Oil" has the meaning ascribed thereto in the recitals.
1.2
Certain Rules of Interpretation
For the purposes of this Plan:
(a)
any reference in this Plan to an Order, document or exhibit filed or to be filed means such
Order, document or exhibit as it may have been or may be amended, modified, or
supplemented in accordance with its terms, the Support Agreement, any Orders and this
Plan, as applicable;
(b)
unless otherwise specified, all references to currency are in Canadian dollars;
(c)
the division of this Plan into "articles" and "sections" are for convenience of reference
only and do not affect the construction or interpretation of this Plan, and the descriptive
headings of "articles" and "sections" are not intended as complete or accurate
descriptions of the content thereof;
D-14
1.3
(d)
the use of words in the singular or plural, or with a particular gender, including a
definition, shall not limit the scope or exclude the application of any provision of this
Plan to such Person (or Persons) or circumstances as the context otherwise permits;
(e)
the words "includes" and "including" and similar terms of inclusion shall not, unless
expressly modified by the words "only" or "solely", be construed as terms of limitation,
but rather shall mean "includes but is not limited to" and "including but not limited to", so
that references to included matters shall be regarded as illustrative without being either
characterizing or exhaustive;
(f)
unless otherwise specified, all references to time herein and in any document issued
pursuant hereto mean local time in Calgary, Alberta and any reference to an event
occurring on a Business Day shall mean prior to 5:00 p.m. (Calgary time) on such
Business Day;
(g)
unless otherwise specified herein or in the Meeting Order, time periods within or
following which any payment is to be made or act is to be done shall be calculated by
excluding the day on which the period commences and including the day on which the
period ends and by extending the period to the next succeeding Business Day if the last
day of the period is not a Business Day;
(h)
unless otherwise provided, any reference to a statute or other enactment of parliament or
a legislature includes all regulations made thereunder, all amendments to or reenactments of such statute or regulations in force from time to time, and, if applicable,
any statute or regulation that supplements or supersedes such statute or regulation;
(i)
references to a specified "article" or "section" shall, unless something in the subject
matter or context is inconsistent therewith, be construed as references to that specified
article or section of this Plan, whereas the terms "this Plan", "hereof", "herein", "hereto",
"hereunder" and similar expressions shall be deemed to refer generally to this Plan and
not to any particular "article", "section" or other portion of this Plan and include any
documents supplemental hereto; and
(j)
the word "or" is not exclusive.
Successors and Assigns
This Plan shall be binding upon and shall enure to the benefit of the heirs, administrators, executors, legal
personal representatives, successors and assigns of any Person named or referred to in this Plan.
1.4
Governing Law
This Plan shall be governed by and construed in accordance with the laws of the Province of Alberta and
the federal laws of Canada applicable therein. All questions as to the interpretation of or application of
this Plan and all proceedings taken in connection with this Plan and its provisions shall be subject to the
jurisdiction of the Court.
D-15
ARTICLE 2
PURPOSE AND EFFECT OF PLAN
2.1
Purpose
The purpose of this Plan is:
(a)
to implement the Recapitalization, which will significantly reduce the Applicants'
indebtedness and provide the Applicants with essential financing to address their current
and future liquidity needs;
(b)
to provide for a settlement of all Allowed Affected Claims;
(c)
to effect a release and discharge of all Affected Claims and Released Claims; and
(d)
to ensure the continued viability and ongoing operations of the Applicants,
in the expectation that the Persons who have an economic interest in the Applicants, when considered as a
whole, will derive a greater benefit from the implementation of this Plan than would result from a
bankruptcy of the Applicants.
2.2
Persons Affected
This Plan provides for (i) a full and final release and discharge of the Affected Claims and Released
Claims, (ii) a settlement of, and consideration for, all Allowed Affected Unsecured Claims, and (iii) a
recapitalization of the Applicants. This Plan will become effective at the Effective Time in accordance
with its terms and the steps and sequence set forth in Section 5.5, and shall be binding on the Applicants,
all Affected Creditors (including Equity Claimants), all Released Parties and all other Persons named or
referred to in, or subject to, this Plan.
2.3
Persons Not Affected
This Plan does not affect the Unaffected Creditors. Nothing in this Plan shall affect the Applicants' rights
and defences, both legal and equitable, with respect to any Unaffected Claims, including all rights with
respect to legal and equitable defences or entitlements to set-offs or recoupments against such Unaffected
Claims.
ARTICLE 3
CLASSIFICATION AND TREATMENT OF CREDITORS AND RELATED MATTERS
3.1
Claims Procedure
The procedure for determining the validity and quantum of the Affected Claims for voting and
distribution purposes under this Plan shall be governed by the Claims Procedure Order, the Meeting
Order, the CCAA, this Plan and any further Order of the Court.
3.2
Classification of Affected Unsecured Claims
In accordance with the Meeting Order, for the purpose of voting on this Plan, the Affected Unsecured
Claims are divided into classes as set out below:
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Affected Unsecured Creditors Class
Affected Unsecured Claims
LPRC Class .................................................
Affected Unsecured Claims against LPRC
LPR Holdings Class ....................................
Affected Unsecured Claims against LPR Holdings
LPRI Class ..................................................
Affected Unsecured Claims against LPRI
Wiser Oil Class ...........................................
Affected Unsecured Claims against Wiser Oil
Wiser Delaware Class .................................
Affected Unsecured Claims against Wiser Delaware
If an Applicant is excluded from this Plan pursuant to Section 10.4(b), the Affected Unsecured Claims
against such Applicant and the corresponding Affected Unsecured Creditors Class set out above will be
removed from this Plan and such Affected Unsecured Claims will no longer be Affected Unsecured
Claims and shall be deemed to be Unaffected Claims for purposes of this Plan; and, for certainty, a
Creditor will have no right to vote on or receive distributions under this Plan in respect of such removed
Claims.
For certainty, Noteholders shall be permitted to vote and to receive distributions under the Plan in respect
of each Affected Unsecured Creditors Class as the Notes were either issued or guaranteed by each of the
Applicants. For certainty, Equity Claimants shall not be entitled to vote on this Plan or to receive any
distributions hereunder.
3.3
Creditors' Meetings
The Meetings shall be held in accordance with the Meeting Order and any further Order of the Court.
The only Persons entitled to attend the Meetings are those specified in the Meeting Order.
3.4
Treatment of Affected Unsecured Claims
An Affected Unsecured Creditor shall receive distributions in respect of its Affected Unsecured Claim as
set forth below only to the extent that such Claim is an Allowed Affected Unsecured Claim and has not
been paid, released, discharged or otherwise satisfied prior to the Plan Implementation Date.
On the Plan Implementation Date, in accordance with the steps and sequence set forth in Section 5.5, and
in full and final satisfaction of all Affected Unsecured Claims:
For Cash Pool Creditors:
(a)
each Cash Pool Creditor, will receive an amount from the Cash Pool equal to the lesser of
(i) the amount of its Allowed Affected Unsecured Claim (as such amount may have been
reduced by the Cash Election of such Cash Pool Creditor), and (ii) its Cash Pool
Creditor's Pro-Rata Share of the Cash Pool; provided that despite any other provisions of
this Plan the total amount payable to all Cash Pool Creditors under this Section 3.4 shall
not exceed the Distributable Amount;
(b)
any Cash Pool Creditor who receives a distribution in accordance with Section 3.4(a)
shall not be entitled to any other payment or consideration with respect to its Allowed
Affected Unsecured Claim; and
D-17
For Affected Unsecured Creditors (other than Cash Pool Creditors):
(c)
each other Affected Unsecured Creditor (other than Cash Pool Creditors) with an
Allowed Affected Unsecured Claim will receive:
(i)
its Affected Unsecured Creditor's Pro-Rata Share of the Agreed Number of
LPRC Class A Voting Common Shares;
(ii)
one LPRI Class A Voting Common Share for each LPRC Class A Voting
Common Share issued pursuant to (i) immediately above; and
(iii)
if such Affected Unsecured Creditor is a Backstopper, its Backstopper's Pro-Rata
Share of the Backstop Amount.
All Affected Unsecured Claims shall be fully, finally, irrevocably and forever compromised, settled,
released, discharged, extinguished, cancelled and barred on the Plan Implementation Date.
3.5
Treatment of Equity Claims
On the Plan Implementation Date, in accordance with the steps and sequence set forth in Section 5.5, all
Equity Interests and all Equity Claims shall be fully, finally, irrevocably and forever compromised,
settled, released, discharged, extinguished, cancelled and barred. Equity Claimants shall not receive any
consideration or distributions under this Plan or otherwise recover anything in respect of their Equity
Claims or Equity Interests, and shall not be entitled to vote on this Plan at the Meetings in respect of their
Equity Claims.
3.6
Treatment of Unaffected Claims
Unaffected Creditors will not receive any consideration or distributions under this Plan in respect of their
Unaffected Claims (except to the extent their Unaffected Claims are paid in full on the Plan
Implementation Date in accordance with the express terms of Section 5.5), and shall not be entitled to
vote on this Plan at the Meetings in respect of their Unaffected Claims.
3.7
Disputed Distribution Claims
Any Affected Unsecured Creditor with a Disputed Distribution Claim shall not be entitled to receive any
distribution hereunder with respect to such Disputed Distribution Claim unless and until such Claim
becomes an Allowed Affected Unsecured Claim. A Disputed Distribution Claim shall be resolved in
accordance with the Claims Procedure Order. Distributions pursuant to Section 3.4 shall be paid from the
Disputed Distribution Claims Reserve in accordance with Section 6.2 in respect of any Disputed
Distribution Claim that is finally determined to be an Allowed Affected Unsecured Claim in accordance
with the Claims Procedure Order.
3.8
Extinguishment of Claims
On the Plan Implementation Date, in the sequence set forth in Section 5.5 and in accordance with the
provisions of the Sanction Order and the Sanction Recognition Order, the treatment of Affected Claims
(including Allowed Claims and Disputed Distribution Claims), Equity Interests and all Released Claims,
in each case as set forth herein, shall be final and binding on the Applicants, all Affected Creditors (and
their respective heirs, executors, administrators, legal personal representatives, successors and assigns)
and any Person holding an Equity Interest or a Released Claim, and all Affected Claims, Equity Interests
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and all Released Claims shall be fully, finally, irrevocably and forever released, discharged, cancelled and
barred, and the Released Parties shall thereupon have no further obligation whatsoever in respect of the
Affected Claims, Equity Interests and the Released Claims, as applicable; provided that nothing herein
releases the Applicants or any other Person from their obligations to make distributions in the manner and
to the extent provided for in this Plan; and provided further that such discharge and release of the
Applicants shall be without prejudice to the right of a Creditor in respect of a Disputed Distribution Claim
to prove such Disputed Distribution Claim in accordance with the Claims Procedure Order so that such
Disputed Distribution Claim may become an Allowed Unsecured Claim entitled to receive consideration
under Section 3.4, Section 3.7 and Section 6.2.
3.9
Guarantees and Similar Covenants
No Person who has a Claim under any guarantee, surety, indemnity or similar covenant in respect of any
Claim that is compromised and released under this Plan, or who has any right to claim over in respect of
or to be subrogated to the rights of any Person in respect of a Claim that is compromised and released
under this Plan, shall be entitled to any greater rights as against the Applicants than the Person whose
Claim is compromised and released under this Plan.
3.10
Multiple Affected Unsecured Claims
Notwithstanding the division of Affected Unsecured Creditors into classes by the Applicants for the
purpose of voting on this Plan, all Affected Unsecured Creditors will participate in the same distribution
scheme under this Plan. At the Effective Time, for distribution purposes under this Plan, in respect of all
Affected Unsecured Creditors and their rights in respect of Affected Unsecured Claims: (a) all guarantees
of an Applicant of the payment or performance by another Applicant with respect to any Affected
Unsecured Claim will be deemed eliminated and cancelled; (b) any Affected Unsecured Claim and all
guarantees by an Applicant of any Affected Unsecured Claim will be treated as a single Affected
Unsecured Claim against the Applicants; (c) any joint obligation of any Applicant with another Applicant
will be treated as a single Affected Unsecured Claim against the Applicants; and (d) each Affected
Unsecured Claim in respect of any Applicant will be deemed to be one Affected Unsecured Claim
against, and obligation of, the Applicants.
For certainty, the treatment of Affected Unsecured Claims in this Section 3.10 will not affect the legal and
corporate structures of the Applicants or cause any Applicant to be liable for any Claim for which it is not
otherwise liable.
3.11
Set-Off
The law of set-off applies to all Claims.
ARTICLE 4
ELECTIONS, DISTRIBUTIONS AND PAYMENTS
4.1
Distributions of Cash Pool Amounts to Cash Pool Creditors
(a)
This Section 4.1 sets forth the distribution mechanics with respect to the Cash Pool to be
distributed to Cash Pool Creditors, as determined for each Cash Pool Creditor pursuant to
Section 3.4(a).
(b)
Based on the documents received by the Monitor pursuant to the Claims Procedure Order
and the Meeting Order, the Monitor shall calculate, with respect to each Cash Pool
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Creditor, its Cash Pool Creditor's Pro-Rata Share, and the Monitor shall provide all such
information to the Applicants and Goodmans LLP at least ten (10) Business Days prior to
the Anticipated Implementation Date (unless extended by the Applicants, with the
consent of the Majority Initial Consenting Noteholders).
(c)
4.2
On the Initial Distribution Date, upon receipt of and in accordance with a written
direction of the Monitor prepared based on the information received by the Monitor
pursuant to Section 4.1(b), as so directed by the Monitor, the Applicants shall deliver to
each Cash Pool Creditor its Cash Pool Creditor's Pro-Rata Share.
Distributions of New Shares to Noteholders
(a)
This Section 4.2 sets forth the distribution mechanics with respect to the LPRC Class A
Voting Common Shares and LPRI Class A Voting Common Shares that are to be
distributed to the Noteholders in respect of their Notes, as determined for each
Noteholder pursuant to Section 3.4(c).
(b)
Upon receipt of and in accordance with written instructions from the Monitor, the Note
Indenture Trustee shall instruct DTC to, and DTC shall: (i) establish an escrow position
representing the respective positions of the Noteholders as of the Plan Implementation
Date for the purpose of making distributions to the Noteholders on and after the Plan
Implementation Date; and (ii) block any further trading in the Notes, effective as of the
close of business on the Business Day immediately prior to the Plan Implementation
Date, all in accordance with the customary practices and procedures of DTC.
(c)
If both the LPRC Class A Voting Common Shares and the LPRI Class A Voting
Common Shares are eligible to be settled through DTC on the Initial Distribution Date,
then:
(d)
(i)
the registration and delivery of LPRC Class A Voting Common Shares and LPRI
Class A Voting Common Shares to be distributed to each Noteholder pursuant to
the provisions of this Plan shall be made through the facilities of DTC to DTC
participants, who, in turn, shall effect the delivery of interests in such LPRC
Class A Voting Common Shares and LPRI Class A Voting Common Shares to
the beneficial holders of such Notes pursuant to standing instructions and
customary practices and procedures; and
(ii)
the Applicants and the Monitor shall have satisfied their responsibilities in
respect of the distribution of LPRC Class A Voting Common Shares and LPRI
Class A Voting Common Shares to the Noteholders in accordance with the
provisions of this Plan once such shares have been delivered to DTC; and will
have no liability or obligation in respect of deliveries from DTC, or its nominee,
to DTC participants or from DTC participants to beneficial holders of the Notes.
If the LPRC Class A Voting Common Shares or the LPRI Class A Voting Common
Shares are not eligible to be settled through DTC on the Initial Distribution Date, then the
registration and delivery of LPRC Class A Voting Common Shares and LPRI Class A
Voting Common Shares to be distributed to each Noteholder pursuant to the provisions of
this Plan shall be made in accordance with a written direction of the Monitor prepared
based on information obtained through DTC and DTC participants (by way of a letter of
transmittal process or such other process as is agreed to by the Applicants, the Monitor,
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the Majority Initial Consenting Noteholders and the Note Indenture Trustee) regarding
registration and delivery of such LPRC Class A Voting Common Shares and LPRI Class
A Voting Common Shares to or for the benefit of Noteholders.
4.3
4.4
Distributions of New Shares to Affected Unsecured Creditors other than Noteholders and
Cash Pool Creditors
(a)
This Section 4.3 sets forth the distribution mechanics with respect to the LPRC Class A
Voting Common Shares and LPRI Class A Voting Common Shares that are to be
distributed to Affected Unsecured Creditors (other than Noteholders and Cash Pool
Creditors), as determined for each Affected Unsecured Creditor pursuant to Section
3.4(c).
(b)
Based on the documents received by the Monitor pursuant to the Claims Procedure Order
and the Meeting Order, the Monitor shall calculate, with respect to each such Affected
Unsecured Creditor, its Affected Unsecured Creditor's Pro-Rata Share, and the Monitor
shall provide all such information to the Applicants and Goodmans LLP at least three (3)
Business Days prior to the Anticipated Implementation Date (unless extended by the
Applicants, with the consent of the Majority Initial Consenting Noteholders).
(c)
On the Initial Distribution Date, upon receipt of and in accordance with a written
direction of the Monitor prepared based on the information received by the Monitor
pursuant to Section 4.3(b), as so directed by the Monitor, the Applicants shall register and
deliver to each such Affected Unsecured Creditor its Affected Unsecured Creditor's ProRata Share of the LPRC Class A Voting Common Shares and the LPRI Class A Voting
Common Shares.
Election to Participate in New Investment
(a)
Each Affected Unsecured Creditor that is a Qualifying Unsecured Creditor shall be
entitled to participate in the New Investment.
(b)
Pursuant to and in accordance with the Meeting Order, the Monitor shall deliver a New
Investment Subscription Form to each Affected Unsecured Creditor as of the Voting
Record Date. Each Qualifying Unsecured Creditor as of the Voting Record Date shall
have the right, but not the obligation, to elect irrevocably to participate in the New
Investment, conditional upon the implementation of this Plan and effective on the Plan
Implementation Date, up to a maximum of such Affected Unsecured Creditor's Pro-Rata
Share of the New Investment.
(c)
In order to validly elect to participate in the New Investment, a Qualifying Unsecured
Creditor (including any Backstopper) must return a duly executed New Investment
Subscription Form to the Applicants, the Monitor and Goodmans LLP pursuant to
Section 10.12 on or before the New Investment Subscription Deadline. Any New
Investment Subscription Forms received after the New Investment Subscription Deadline
will be invalid and not effective and shall be disregarded for all purposes of this Plan.
For certainty, only Qualifying Unsecured Creditors are eligible to submit New
Investment Subscription Forms.
(d)
Submission of a New Investment Subscription Form in accordance with this Section 4.4
shall constitute a subscription by the applicable Subscribing Unsecured Creditor for and a
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commitment by the applicable Subscribing Unsecured Creditor to participate in the New
Investment by purchasing LPRC Preferred Shares (the aggregate subscription price for all
such shares to be issued on the Plan Implementation Date being the New Investment
Amount) and LPRI Multiple Voting Common Shares (the aggregate subscription price
for all such shares to be issued on the Plan Implementation Date being the LPRI
Subscription Amount) under the New Investment in accordance with Section 4.5.
Pursuant to Section 4.6(b) and Section 5.5(o), for each LPRC Preferred Share issued to a
Subscribing Unsecured Creditor pursuant to this Plan as part of the New Investment, one
LPRI Multiple Voting Common Share shall also be issued to that Subscribing Unsecured
Creditor as part of the New Investment.
(e)
4.5
Any Qualifying Unsecured Creditor who also wishes to become a Backstopper shall
submit a duly executed Backstop Joinder to the Applicants, the Monitor and Goodmans
LLP pursuant to Section 10.12 before the Backstop Deadline. Any Backstop Joinders
received after the Backstop Deadline will be invalid and not effective and shall be
disregarded for all purposes of this Plan. For certainty, only Qualifying Unsecured
Creditors are eligible to submit Backstop Joinders.
Funding of New Investment
(a)
Not less than ten (10) Business Days prior to the Anticipated Implementation Date (or
such other date as the Applicants, the Monitor and the Majority Initial Consenting
Noteholders may agree), the Monitor shall inform each Subscribing Unsecured Creditor
of:
(i)
the Anticipated Implementation Date;
(ii)
the number of LPRC Preferred Shares and LPRI Multiple Voting Common
Shares that will be acquired by such Subscribing Unsecured Creditor on the Plan
Implementation Date pursuant to the New Investment Subscription Privilege;
(iii)
the amount of funds required to be deposited in escrow with the Monitor by such
Subscribing Unsecured Creditor pursuant to its New Investment Subscription
Privilege (its "Subscription Amount", which, for certainty, shall include its
Subscribing Unsecured Creditor's Pro-Rata Share of the LPRI Subscription
Amount) by the Funding Deadline; and
(iv)
the manner in which such deposit of the Subscription Amount must be
completed.
(b)
At or before 2:00 p.m. (Calgary time) on the date that is five (5) Business Days prior to
the Anticipated Implementation Date (or such other date as the Applicants, the Monitor
and the Majority Initial Consenting Noteholders may agree) (the "Funding Deadline"),
each Subscribing Unsecured Creditor shall deposit in escrow with the Monitor its
respective Subscription Amount; provided, however, that this obligation shall not apply
in respect of a Backstopper who has delivered to the Applicants cash or a letter of credit
in accordance with the terms and conditions of the Backstop Agreement.
(c)
A Subscribing Unsecured Creditor (other than a Backstopper who has delivered to the
Applicants cash or a letter of credit in accordance with the terms and conditions of the
Backstop Agreement) who does not deposit its full Subscription Amount in escrow with
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the Monitor at or before the Funding Deadline shall thereupon cease to be an Subscribing
Unsecured Creditor, and its subscription for LPRC Preferred Shares and LPRI Multiple
Voting Common Shares pursuant to the New Investment Subscription Privilege and right
to receive LPRC Preferred Shares and LPRI Multiple Voting Common Shares shall be
null and void; provided, however that nothing in this Section 4.5(c) shall relieve such
Subscribing Unsecured Creditor from liability to the Applicants, the Backstoppers or any
other Person for failing to complete its subscription.
(d)
At least five (5) Business Days prior to the Anticipated Implementation Date (or such
other date as the Applicants, the Monitor and the Majority Initial Consenting Noteholders
may agree), the Applicants shall provide the Monitor with a copy of the Backstop
Agreement (including any Backstop Joinders).
(e)
As soon as practicable following the Funding Deadline, and in any event on the date that
is four (4) Business Days prior to the Anticipated Implementation Date (or such other
date as the Applicants, the Monitor and the Majority Initial Consenting Noteholders may
agree), the Monitor shall inform the Applicants and each Backstopper of:
(i)
the total number of LPRC Preferred Shares (and corresponding LPRI Multiple
Voting Common Shares) not validly subscribed for pursuant to the Subscription
Privilege (the "Backstopped Shares"); and
(ii)
the number of Backstopped Shares to be acquired by such Backstop Party
pursuant to its Backstop Commitment and the amount of funds (by way of cash
or a letter of credit) required to be deposited with the Monitor by such party to
purchase such Backstopped Shares (the "Backstop Payment Amount") by the
Backstop Funding Deadline.
(f)
At or before 2:00 p.m. (Calgary time) on the date that is two (2) Business Days prior to
the Anticipated Implementation Date (or such other date as the Applicants, the Monitor
and the Majority Initial Consenting Noteholders may agree) (the "Backstop Funding
Deadline"), each Backstopper shall, if it has not already delivered to the Applicants cash
or a letter of credit in accordance with the terms and conditions of the Backstop
Agreement, deposit in escrow with the Monitor funds in an amount equal to its Backstop
Payment Amount, in each case to be held in escrow in accordance with the Backstop
Agreement until all conditions to the New Investment and this Plan have been satisfied or
waived in accordance with the Backstop Agreement and this Plan and with irrevocable
instructions to use such cash or letter of credit, as applicable, to the extent required to
enable such Backstop Party to comply with its Backstop Commitment.
(g)
Each Subscribing Unsecured Creditor who complies with Section 4.5(b) shall participate
in the New Investment and shall subscribe for that number of LPRC Preferred Shares and
LPRI Multiple Voting Common Shares in an amount equal to the Subscription Amount
deposited in escrow with the Monitor by that Subscribing Unsecured Creditor in
accordance with Section 4.5(b) divided by the Issue Price.
(h)
Each Backstopper shall purchase its Backstopper's Pro Rata Share of the Backstopped
Shares in accordance with the Backstop Agreement such that the New Investment is
completed and fully paid to the Applicants.
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(i)
4.6
4.7
Within three (3) Business Days following the earlier of termination of the Backstop
Agreement or the Plan Implementation Date, to the extent not required to enable a
Backstopper to comply with its Backstop Commitment, the Applicants will return to each
Backstopper the cash deposit (or, as applicable, such portion thereof as may remain after
its application towards the Backstop Payment Amount) or the letter of credit (or, as
applicable, such portion thereof as may be undrawn after payment of the Backstop
Payment Amount) provided by that Backstopper to the Applicants pursuant to the
Backstop Agreement and Section 4.5(f).
Distributions of LPRC Preferred Shares and LPRI Multiple Voting Common Shares to
Subscribing Unsecured Creditors
(a)
The distributions to be made to Subscribing Unsecured Creditors (including the
Backstoppers) pursuant to Section 5.5 shall be made in accordance with Section 4.4,
Section 4.5 and this Section 4.6.
(b)
On the Initial Distribution Date, upon receipt of and in accordance with a written
direction of the Monitor prepared based on the information received by the Monitor in the
New Investment Subscription Election Form, and as so directed by the Monitor, the
Applicants shall register and deliver to the Subscribing Unsecured Creditors the
applicable number of LPRC Preferred Shares and LPRI Multiple Voting Common Shares
to be distributed to such Subscribing Unsecured Creditors.
Cancellation of Certificates and Notes
Following completion of the steps in the sequence set forth in Section 5.5, all notes (including the Notes
and the Note Obligations), debentures, certificates, agreements, indentures, statements, bills, invoices,
instruments or other documents representing or evidencing (or purporting to represent or evidence)
Affected Claims or Equity Interests will not entitle any holder thereof or party thereto to any
compensation or participation other than as expressly provided for in this Plan and will be cancelled and
be null and void. Notwithstanding the foregoing, the Note Indenture shall remain in effect for the purpose
of and to the extent necessary to: (i) allow the Note Indenture Trustee to make distributions to the
Noteholders on the Initial Distribution Date; and (ii) maintain all of the protections the Note Indenture
Trustee enjoys as against the Noteholders, including its rights with respect to any distributions under this
Plan, until all distributions are made to Noteholders hereunder. For certainty, any and all obligations,
including the Note Obligations, of the Applicants (as borrower, guarantor, surety or otherwise) under and
with respect to the Notes and the Note Indenture shall not continue beyond the Plan Implementation Date.
4.8
Currency
Unless specifically provided for in this Plan or the Sanction Order, for the purposes of distributions under
this Plan, a Claim shall be denominated in Canadian dollars and all payments and distributions to the
Affected Creditors on account of their Claims shall be made in Canadian dollars. Any Claims
denominated in a foreign currency shall be converted to Canadian dollars at the Bank of Canada noon
exchange rate in effect at the Filing Date.
4.9
Interest
Interest shall not accrue or be paid on Affected Claims on or after the Filing Date, and no holder of an
Affected Claim shall be entitled to interest accruing on or after the Filing Date. All accrued and unpaid
D-24
interest outstanding on the Effective Date in respect of the Affected Claims will be settled and
extinguished for no consideration.
4.10
Allocation of Distributions
All distributions made pursuant to this Plan shall be allocated towards the repayment of the principal
amount in respect of an Affected Claim.
4.11
Treatment of Undeliverable Distributions
If any distribution to a Person under this Plan is returned as undeliverable (an "Undeliverable
Distribution"), no further distributions to such Person shall be made unless and until the Applicants are
notified by such Person of such Person's current address, at which time all such distributions shall be
made to such Person. All claims for Undeliverable Distributions must be made on or before the date that
is six (6) months following the final Distribution Date, after which date any entitlement with respect to
such Undeliverable Distribution shall be forever released, discharged, cancelled and barred, without any
compensation therefor, notwithstanding any federal, provincial, territorial, state or local laws to the
contrary, at which time any such Undeliverable Distributions shall be returned to the Applicants. Nothing
contained in this Plan shall require the Applicants, the Monitor or any other Person to attempt to locate
any holder or intended recipient of an Undeliverable Distribution. No interest is payable in respect of an
Undeliverable Distribution. Any distribution under this Plan on account of the Notes, if delivered to DTC
in accordance with the provisions hereof, shall be deemed made when delivered to DTC for subsequent
distribution to Noteholders in accordance with this Article 4.
4.12
Withholding Rights
The Applicants, DTC, the Monitor and/or any other Person making a payment contemplated herein (each,
a "Payor") shall be entitled to deduct and withhold from any distributions or other amounts payable to
any Person such amounts as it is required, as determined in the Payor's discretion, acting reasonably, to
deduct and withhold with respect to such payment under the Canadian Tax Act, corresponding provisions
of provincial or territorial laws, the United States Internal Revenue Code of 1986, as amended or any
other Applicable Laws. To the extent that amounts are so withheld or deducted, such withheld or
deducted amounts shall be treated for all purposes hereof as having been paid to the Person in respect of
which such withholding was made, provided that such amounts are actually remitted to the appropriate
Taxing Authority. The Payor is authorized to sell or otherwise dispose of such portion of any non-cash
consideration payable to any such Person as is necessary to provide the Payor with sufficient funds to
enable it to comply with such deduction or withholding requirement or entitlement, and shall notify the
applicable Person thereof and remit to such Person any unapplied balance of the net proceeds of such sale.
If such sale is not reasonably possible, the Payor shall not be required to make any excess payment of
consideration or other amounts until the Person has directly satisfied any such withholding obligation and
provides evidence thereof to the Payor.
4.13
Fractional Interests
No fractional interests in New Shares ("Fractional Interests") will be issued under this Plan. Recipients
of New Shares of any class will have their entitlements adjusted downwards to the nearest whole number
of New Shares of that class, as applicable, to eliminate any such Fractional Interests, and no
compensation will be given for the Fractional Interest. For certainty, the LPRC Class A Voting Common
Shares resulting from the consolidation of the then-issued LPRC Class A Voting Common Shares into an
aggregate of three (3) LPRC Class A Voting Common Shares pursuant to Section 5.5(c)(vi) are not New
Shares.
D-25
4.14
Registration of New Shares
Any New Shares issued pursuant to this Plan may, at the Applicants' option, be registered and issued (i) in
certificated form or (ii) in book-entry form pursuant to a direct registration system without issuance of
physical certificates.
4.15
Calculations
All amounts of consideration to be received hereunder will be calculated to the nearest whole cent
($0.01). All calculations and determinations made by the Monitor and/or the Applicants for the purposes
of and in accordance with this Plan, including, without limitation, the allocation of consideration, shall be
conclusive, final and binding upon the Affected Creditors and the Applicants.
4.16
Share Terms
The rights, privileges, restrictions and conditions attached to New Shares shall be as described herein, in
the Information Circular and, as applicable, in the Plan Supplement Documents.
ARTICLE 5
RECAPITALIZATION TRANSACTIONS
5.1
Corporate Actions
The adoption, execution, delivery, implementation and consummation of all matters contemplated under
this Plan involving corporate action of the Applicants will occur and be effective as of the Plan
Implementation Date or in such other manner or time as may be expressly provided for in Section 5.5, and
will be authorized and approved under this Plan and by the Court, where appropriate, as part of the
Sanction Order, in all respects and for all purposes, without any requirement of further action by
shareholders, members, directors, managers or officers of the Applicants. All necessary approvals of and
from the shareholders, members, directors, managers or officers of the Applicants, as applicable
(including all necessary resolutions, whether ordinary, special or otherwise, of the shareholders, members,
directors, managers or officers of the Applicants, as applicable) to take all actions hereunder or
contemplated hereby shall be deemed to have been made, given, passed or obtained; no agreement
between or among the shareholders or members of any Applicant, or any of them, or between a
shareholder or member and another Person, that limits or purports to limit in any way the right to vote
shares or membership interests held by such shareholder(s) or member(s) with respect to any of the steps
or transactions contemplated by this Plan, shall be effective, and all such agreements shall be deemed to
be of no force or effect.
5.2
Issuance of Shares
On the Plan Implementation Date, in accordance with the steps and sequence set forth in Section 5.5,
LPRC and LPRI, as applicable, shall issue the Agreed Number in respect of each class of New Shares, all
of which shall be allocated and distributed in the manner set forth in this Plan, as applicable, and upon
distribution shall be deemed to be issued and outstanding as fully-paid and non-assessable shares of
LPRC and LPRI, as applicable.
5.3
Backstop Amount
On the Plan Implementation Date, in accordance with the Backstop Agreement and the steps and
sequence set forth in Section 5.5, each Backstopper shall be paid its Backstopper's Pro-Rata Share of the
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Backstop Amount as additional consideration on the settlement of its Affected Unsecured Claim pursuant
to Section 3.4(c)(iii).
5.4
Cash Pool
On the Plan Implementation Date, in accordance with the steps and sequence set forth in Section 5.5, the
Cash Pool will be created and each Cash Pool Creditor shall be paid its Cash Pool Creditor's Pro-Rata
Share, provided that (i) no Cash Pool Creditor shall be entitled to receive an amount greater than its
Affected Unsecured Claim as at the Filing Date and (ii) the aggregate amount of the Cash Pool shall not
exceed the Distributable Amount.
5.5
Plan Implementation
The following steps, compromises and releases to be effected on the implementation of this Plan shall
occur, and be deemed to have occurred, in the following order in ten minute increments (or at such other
times as may be agreed to by the Applicants and the Majority Initial Consenting Noteholders), without
any further act or formality, on the Plan Implementation Date beginning at the Effective Time (or in such
other manner or sequence or such other time or times as the Applicants, the Monitor and the Majority
Initial Consenting Noteholders may agree), except that the dissolutions of Wiser Oil and Wiser Delaware
pursuant to Sections 5.5(a) and 5.5(b), the amendments to the LPRC articles described in Section 5.5(c)
and the issue by LPRC of one LPRC Class C Multiple Voting Share to LPRI pursuant to Section 5.5(d)
may be completed prior to the Plan Implementation Date on a day or days to be agreed to by the
Applicants and the Majority Initial Consenting Noteholders:
Pre-Implementation Date Steps
(a)
upon the consent of LPRI, as sole member of Wiser Oil, Wiser Oil shall be dissolved and,
in connection therewith, all shares or fractions of shares in the capital of LPRC then held
by Wiser Oil and all other assets (if any) held by Wiser Oil shall be transferred to LPRI,
and to the extent necessary LPRI shall be authorized to wind up the affairs of Wiser Oil;
(b)
upon the consent of LPRI, as sole member of Wiser Delaware (after giving effect to
Section 5.5(a) above), Wiser Delaware shall be dissolved and, in connection therewith,
all shares or fractions of shares in the capital of LPRC then held by Wiser Delaware and
all other assets (if any) held by Wiser Delaware shall be transferred to LPRI, and to the
extent necessary LPRI shall be authorized to wind up the affairs of Wiser Delaware;
(c)
the articles of LPRC shall be amended to:
(i)
convert all outstanding LPRC Class B Non-Voting Common Shares into LPRC
Class A Voting Common Shares by changing the issued LPRC Class B NonVoting Common Shares into the same number of issued LPRC Class A Voting
Common Shares;
(ii)
redesignate the LPRC Class A Voting Common Shares by changing the
designation thereof to "Class A Voting Common Shares", and change the rights,
privileges, restrictions and conditions thereof to be as described herein, in the
Information Circular and, as applicable, in the Plan Supplement Documents;
(iii)
redesignate the LPRC Class B Non-Voting Common Shares by changing the
designation thereof to "Class B Non-Voting Common Shares", and change the
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rights, privileges, restrictions and conditions of thereof to be as described herein,
in the Information Circular and, as applicable, in the Plan Supplement
Documents;
(d)
(iv)
add a new class of shares to the authorized share capital of LPRC by creating a
new class of shares, being the new LPRC Class C Multiple Voting Share, which
class shall consist of one share designated as the "Class C Multiple Voting
Share" having the rights, privileges, restrictions and conditions described herein,
in the Information Circular and, as applicable, in the Plan Supplement
Documents;
(v)
add a new class of shares to the authorized share capital of LPRC, being the new
LPRC Preferred Shares, which class shall consist of an unlimited number of
shares designated as "Preferred Shares" having the rights, privileges, restrictions
and conditions described herein, in the Information Circular and, as applicable, in
the Plan Supplement Documents; and
(vi)
consolidate the issued LPRC Class A Voting Common Shares by changing all of
the issued and outstanding LPRC Class A Voting Common Shares (including, for
certainty, the LPRC Class A Voting Common Shares resulting from the
conversion of the LPRC Class B Non-Voting Common Shares into the same
number of issued LPRC Class A Voting Common Shares pursuant to Section
5.5(c)(i) above) into an aggregate of three (3) LPRC Class A Voting Common
Shares;
LPRC shall issue one LPRC Class C Multiple Voting Share to LPRI in consideration for
LPRI agreeing to issue the LPRI Class A Voting Common Shares pursuant to Section
5.5(j)(ii);
Plan Implementation Date Pre-Distribution Steps
(e)
all Options shall be cancelled and terminated without any liability, payment or other
compensation in respect thereof;
(f)
all Option Plans shall be terminated and be of no further force or effect;
(g)
the Rights Agreement shall be terminated and be of no further force or effect;
(h)
all accrued and unpaid interest in respect of the Affected Claims shall be settled and
extinguished for no consideration;
(i)
the certificate of incorporation of LPRI shall be amended to:
(i)
add a new class of shares to the authorized capital stock of LPRI by creating a
new class of shares, being the new LPRI Class A Common Shares, which class
shall consist of shares designated as "Class A Common Shares" having the rights,
privileges, restrictions and conditions described herein, in the Information
Circular and, as applicable, in the Plan Supplement Documents; and
(ii)
add a new class of shares to the authorized capital stock of LPRI by creating a
new class of shares, being the new LPRI Multiple Voting Common Shares,
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which class shall consist of shares designated as "Class B Multiple Voting
Shares" having the rights, privileges, restrictions and conditions described herein,
in the Information Circular and, as applicable, in the Plan Supplement
Documents;
Distribution Steps for Affected Unsecured Creditors (other than Cash Pool Creditors)
(j)
each Affected Unsecured Creditor (excluding any Cash Pool Creditors) shall and shall be
deemed to irrevocably exchange and transfer its Affected Unsecured Claim, and all of its
rights in, to and under such Affected Unsecured Claim, in consideration for:
(i)
the issuance by LPRC to each such Affected Unsecured Creditor of such number
of LPRC Class A Voting Common Shares as is equal to its Affected Unsecured
Creditor's Pro-Rata Share of the Agreed Number of LPRC Class A Voting
Common Shares to be issued pursuant to this Section 5.5, and each such Affected
Unsecured Creditor shall be added to the register of shareholders of the LPRC
Class A Voting Common Shares;
(ii)
the issuance by LPRI of one LPRI Class A Voting Common Share to such
Affected Unsecured Creditor for each LPRC Class A Voting Common Share
issued to that Affected Unsecured Creditor pursuant to (i) immediately above,
and each such Affected Unsecured Creditor shall be added to the register of
shareholders of the LPRI Class A Voting Common Shares; and
(iii)
in respect of any Affected Unsecured Creditor that is a Backstopper, the payment
by LPRC to each such Affected Unsecured Creditor of its Backstopper's Pro-Rata
Share of the Backstop Amount;
Cancellation of Equity Claims and Equity Interests
(k)
the Existing Parent Shares and all other remaining Equity Interests in LPRI (other than
the LPRI Class A Common Shares and the LPRI Multiple Voting Common Shares
created and issued pursuant to this Plan) shall be cancelled without any repayment of
capital thereon or any other compensation therefor and, for certainty, no Existing
Shareholder shall be entitled to receive any interest, dividends, premium or other
payment in connection therewith;
Distribution Steps for Parties Electing to Participate in the New Investment
(l)
the Applicants shall become entitled to the total amount of funds deposited in escrow
with the Monitor in respect of Subscription Amounts or by Backstoppers pursuant to
Section 4.5, and all such funds shall be released from escrow, paid to the Applicants and
applied towards payment of the subscription price for the LPRC Preferred Shares and
LPRI Multiple Voting Common Shares;
(m)
any funds delivered to the Applicants by a Backstopper pursuant to the Backstop
Agreement, or obtained by the Applicants by drawing upon any letter of credit so
delivered to the Applicants by a Backstopper, shall, if the total funds released from
escrow and paid to the Applicants pursuant to Section 5.5(l) are:
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(i)
less than the New Investment Amount, to the extent of such deficiency, be paid
to the Applicants and applied towards payment of the subscription price for the
LPRC Preferred Shares and the LPRI Multiple Voting Common Shares, and the
balance shall be returned to the Backstoppers in accordance with the terms and
conditions of the Backstop Agreement; or
(ii)
at least equal to the New Investment Amount and the LPRI Subscription
Amount, be returned to the Backstoppers in accordance with the terms and
conditions of the Backstop Agreement;
and any undrawn letters of credit delivered to the Applicants by a Backstopper pursuant
to the Backstop Agreement shall be returned to the applicable Backstopper in accordance
with the provisions hereof;
(n)
LPRC shall issue to each Subscribing Unsecured Creditor, such number of LPRC
Preferred Shares as is equal to its Subscribing Unsecured Creditor's Pro-Rata Share of the
Agreed Number of LPRC Preferred Shares, and each such Subscribing Unsecured
Creditor shall be added to the register of shareholders of the LPRC Preferred Shares;
(o)
LPRI shall issue to each Subscribing Unsecured Creditor, such number of LPRI Multiple
Voting Common Shares as is equal to its Subscribing Unsecured Creditor's Pro-Rata
Share of the Agreed Number of LPRI Multiple Voting Common Shares, and each such
Subscribing Unsecured Creditor shall be added to the register of shareholders of the LPRI
Multiple Voting Common Shares;
(p)
the New Credit Facility shall become effective, and LPRC shall be entitled, in accordance
with the terms and conditions thereof, to borrow funds thereunder;
(q)
LPRC shall pay in full to the DIP Lenders all amounts owed pursuant to the DIP
Agreement in full and final satisfaction of the DIP Facility;
(r)
the DIP Agreement and the DIP Facility shall be deemed to be terminated and the
Applicants, and each of them, shall be fully, finally, irrevocably and forever released
from any and all claims, liabilities or obligations of any kind to the DIP Lenders under or
in respect of the DIP Agreement or the DIP Facility;
(s)
LPRC shall pay in full to the Agent all amounts owed pursuant to the Current Credit
Agreement in full and final satisfaction of the Current Credit Facility;
(t)
the Current Credit Agreement and the Current Credit Facility shall be deemed to be
terminated and the Applicants, and each of them, shall be fully, finally, irrevocably and
forever released from any and all claims, liabilities or obligations of any kind to the
Agent, the Syndicate or any lender forming part of the Syndicate under or in respect of
the Current Credit Agreement or the Current Credit Facility;
(u)
the Current Bank Security shall be deemed to be terminated, released and discharged;
(v)
LPRC shall pay to each Cash Pool Creditor the amount of cash from the Cash Pool to be
paid to it in accordance with Section 3.4 and Section 4.1 in full, final and irrevocable
compromise, settlement and satisfaction of the Affected Unsecured Claims of the Cash
Pool Creditors;
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5.6
(w)
except only for the limited purpose of facilitating the distributions under this Plan, all
Affected Claims, and all of the Affected Creditors' entitlements with respect to any
Affected Claims, shall be, and shall be deemed to be, fully, finally, irrevocably and
forever compromised, settled, released, discharged, extinguished, cancelled and barred,
and the Applicants, and each of them, shall be fully, finally and irrevocably released from
any and all claims, liabilities or obligations of any kind to an Affected Creditor;
(x)
the Disputed Distribution Claims Reserve shall be created;
(y)
LPRC shall pay in cash all reasonable fees and expenses incurred by the Note Indenture
Trustee, including its reasonable legal fees, in connection with the performance of its
duties under the Note Indenture or this Plan;
(z)
LPRC shall make all distributions to KERP participants in accordance with the terms of
the KERP;
(aa)
LPRC shall pay all reasonable fees and disbursements of the Company Advisors, the
Monitor and the Monitor Advisors to the extent not already satisfied by the Applicants;
(bb)
LPRC shall pay all reasonable fees and disbursements of the Noteholder Advisors to the
extent not already satisfied by the Applicants;
(cc)
each of the Charges shall be terminated, discharged and released;
(dd)
the releases set forth in Article 7 shall become effective; and
(ee)
the appointment of the Post-Implementation Boards shall become effective, and each
member thereof shall thereupon become a director of LPRC and/or LPRI, as applicable.
Securities Law Matters
The Applicants intend that the issuance and distribution, pursuant to this Plan, of:
(a)
the new LPRC Class A Voting Common Shares and the new LPRI Class A Voting
Common Shares in exchange for Affected Unsecured Claims (including, in the case of
each Noteholder, its Affected Unsecured Claim in respect of the guarantee by LPRI of
the Notes) will be exempt from the registration requirements of the U.S. Securities Act,
to the extent applicable, pursuant to one or more of section 3(a)(9) and section 3(a)(10)
thereof;
(b)
the new LPRC Preferred Shares and the new LPRI Multiple Voting Common Shares will
be exempt from the registration requirements of the U.S. Securities Act, to the extent
applicable, pursuant to section 4(a)(2) thereof or Regulation D promulgated thereunder;
and
(c)
the New Shares will be exempt from the prospectus requirements of Canadian securities
legislation, to the extent applicable, pursuant to section 2.11 of National Instrument 45106 – Prospectus and Registration Exemptions of the Canadian Securities
Administrators.
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The certificates for the New Shares will bear such legends regarding resale restrictions as are described in
the Information Circular or the Plan Supplement Documents. Upon the granting of the Sanction Order,
any Person named or referred to in this Plan, and the heirs, administrators, executors, legal personal
representatives, successors and assigns of any such Person, shall act in good faith to ensure the intended
treatment of the issuance and distribution of the New Shares set forth in this Section 5.6.
5.7
Issuances Free and Clear
Any securities or other consideration issued, transferred or distributed pursuant to this Plan will be issued,
transferred or distributed free and clear of any Encumbrances.
5.8
Stated Capital Accounts
The stated capital accounts maintained for each class of New Shares and any adjustments thereto as a
result of the transactions provided in this Plan, including the steps set forth in Section 5.5, will be as
determined by the applicable Post-Implementation Board in accordance with the requirements of the
Applicable Law.
5.9
Governmental and Regulatory Filings
In furtherance of the transactions provided in this Plan, including the steps set forth in Section 5.5, the
Applicants are authorized to file with all applicable Governmental Entities, pursuant to the ABCA, the
Delaware General Corporation Law, the Delaware Limited Liability Company Act, U.S. federal securities
laws, applicable Canadian securities legislation and all other Applicable Laws, all such forms, certificates,
applications, returns, statements or other records as are necessary or appropriate to record such
transactions.
5.10
Proceeds from Legal Proceedings
If LPRI shall at any time after the Plan Implementation Date receive payment of any amount pursuant to
any legal proceedings commenced by LPRI, by LPRC or by LPRI on behalf of LPRC in respect of a
cause of action arising prior to the Effective Time, or in settlement of any such proceedings, LPRI shall
receive such payment in trust for the benefit of LPRC and shall promptly remit the same to LPRC.
ARTICLE 6
PROCEDURE FOR DISPUTED DISTRIBUTION CLAIMS
6.1
No Distribution Pending Allowance
An Affected Unsecured Creditor holding a Disputed Distribution Claim will not be entitled to receive a
distribution under this Plan in respect of such Disputed Distribution Claim or any portion thereof unless
and until, and then only to the extent that, such Disputed Distribution Claim becomes an Allowed
Unsecured Claim.
6.2
Distributions After Disputed Distribution Claims Resolved
(a)
Distributions in relation to a Disputed Distribution Claim of an Affected Unsecured
Creditor will be held by the Applicants, in a segregated account constituting the Disputed
Distribution Claims Reserve, for the benefit of the Affected Unsecured Creditors with
Allowed Affected Unsecured Creditor Claims until the final determination of the
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Disputed Distribution Claim in accordance with the Claims Procedure Order and this
Plan.
(b)
To the extent that any Disputed Distribution Claim becomes an Allowed Affected
Unsecured Claim in accordance with this Plan, the Applicants shall distribute (on the next
Distribution Date) to the holder of such Allowed Affected Unsecured Claim, the
distribution from the Disputed Distribution Claims Reserve equal to the distribution that
such Affected Unsecured Creditor would have been entitled to receive in respect of its
Allowed Affected Unsecured Claim on the Initial Distribution Date had such Disputed
Distribution Claim been an Allowed Affected Unsecured Claim on such date.
(c)
On the date that all Disputed Distribution Claims have been finally resolved in
accordance with the Claims Procedure Order and any required distributions contemplated
in Section 6.2(b) have been made, LPRC shall release to LPRI or LPRC any cash or New
Shares held in the Disputed Distribution Claims Reserve, as the case may be.
ARTICLE 7
RELEASES
7.1
Plan Releases
On the Plan Implementation Date, in accordance with the sequence set forth in Section 5.5, the
Applicants, the Directors, the Officers, the Monitor, the Note Indenture Trustee, the Consenting Creditors,
the Backstoppers, the Agent, the Syndicate, the Company Advisors, the Noteholder Advisors and the
Monitor Advisors, and their respective directors, officers, partners and employees (the "Released
Parties", and individually a "Released Party"), and each of them, shall be released and forever
discharged from any and all demands, claims, actions, causes of action, counterclaims, suits, debts, sums
of money, accounts, covenants, damages, judgments, orders (including for injunctive relief or specific
performance and compliance orders), expenses, executions, Encumbrances and other recoveries on
account of any liability, obligation, demand or cause of action of whatever nature, including claims for
contribution or indemnity, which any Creditor or other Person may be entitled to assert (including
pursuant to common law or statutory liabilities of directors, officers, managers or members of any of the
Applicants), whether known or unknown, matured or unmatured, direct, indirect or derivative, foreseen or
unforeseen, existing or hereafter arising, based in whole or in part on any act, omission, transaction, duty,
responsibility, indebtedness, liability, obligation, conduct, dealing or other occurrence existing or taking
place on or prior to the later of the Plan Implementation Date and the date on which actions are taken to
implement this Plan, that are in any way relating to, arising out of or in connection with the Affected
Claims, the Note Indenture, the Current Credit Agreement, the Current Credit Facility, the Equity
Interests, any Equity Claims, the Support Agreement, any Support Joinder, the Backstop Agreement, any
Backstop Joinder, the New Shares, any Claims, the business and affairs of the Applicants whenever or
however conducted, the administration and/or management of the Applicants, the Recapitalization, this
Plan, the CCAA Proceeding, the U.S. Proceeding, or any matter or transaction involving any of the
Applicants done, occurring or undertaken in connection with the Recapitalization or this Plan (referred to
collectively as the "Released Claims"), and all Released Claims shall be fully, finally, irrevocably and
forever waived, discharged, released, cancelled and barred as against the Released Parties, all to the
fullest extent permitted by Applicable Law; provided that nothing herein will release or discharge (w) the
right to enforce the obligations of any Person under this Plan, (x) any Released Party if the Released Party
is determined by a Final Order of a court of competent jurisdiction to have committed fraud or wilful
misconduct, (y) the Applicants from or in respect of any Unaffected Claim or any Claim that is not
permitted to be released pursuant to section 19(2) of the CCAA, or (z) any Director or Officer from any
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Claim that is not permitted to be released pursuant to section 5.1(2) of the CCAA, as determined by a
Final Order of the Court.
Notwithstanding anything to the contrary herein, from and after the Plan Implementation Date, a Person
may only commence an action against a Released Party in connection with (x) or (z) above if such Person
has first obtained leave of the Court on notice to the applicable Released Party, the Applicants, the
Monitor (unless previously discharged), the Initial Consenting Noteholders and any applicable insurers.
7.2
Injunctions
All Persons are permanently and forever barred, estopped, stayed and enjoined, on and after the Effective
Time, with respect to any and all Released Claims, from: (i) commencing, conducting or continuing in
any manner, directly or indirectly, any action, suits, demands or other proceedings of any nature or kind
whatsoever (including, without limitation, any proceeding in a judicial, arbitral, administrative or other
forum) against the Released Parties; (ii) enforcing, levying, attaching, collecting or otherwise recovering
or enforcing by any manner or means, directly or indirectly, any judgment, award, decree or order against
the Released Parties or their property; (iii) commencing, conducting or continuing in any manner, directly
or indirectly, any action, suits or demands, including without limitation, by way of contribution or
indemnity or other relief, in common law, or in equity, breach of trust or breach of fiduciary duty or under
the provisions of any statute or regulation, or other proceedings of any nature or kind whatsoever
(including any proceeding in a judicial, arbitral, administrative or other forum) against any Person who
makes such a claim or might reasonably be expected to make such a claim, in any manner or forum,
against one or more of the Released Parties; (iv) creating, perfecting, asserting or otherwise enforcing,
directly or indirectly, any lien or Encumbrance of any kind against the Released Parties or their property;
or (v) taking any actions to interfere with the implementation or consummation of this Plan; provided,
however, that the foregoing shall not apply to the enforcement of any obligations under this Plan.
ARTICLE 8
COURT SANCTION
8.1
Application for Sanction Order
If the Required Majorities approve this Plan, the Applicants shall apply for the Sanction Order on or
before the date set for the hearing of the Sanction Order or such later date as the Court may set.
8.2
Sanction Order
The Sanction Order shall, among other things:
(a)
declare that (i) this Plan has been approved by the Required Majorities in conformity with
the CCAA; (ii) the activities of the Applicants have been in material compliance with the
provisions of the CCAA and the Orders of the Court made in the CCAA Proceeding in all
respects; (iii) the Court is satisfied that the Applicants have not done or purported to do
anything that is not authorized by the CCAA; and (iv) this Plan and the transactions
contemplated thereby are fair and reasonable;
(b)
declare that as of the Effective Time, this Plan and all associated steps, compromises,
transactions, arrangements, releases and reorganizations effected thereby are approved,
binding and effective as herein set out upon and with respect to the Applicants, all
Affected Creditors, the Directors and Officers, the Released Parties and all other Persons
named or referred to in, or subject to, this Plan;
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(c)
declare that the steps to be taken and the compromises and releases to be effective on the
Plan Implementation Date are deemed to occur and be effected in the sequence and at the
times set forth in Section 5.5;
(d)
confirm the amount of the Disputed Distribution Claims Reserve;
(e)
compromise, discharge and release the Applicants from any and all Affected Claims of
any nature in accordance with this Plan, and declare that the ability of any Person to
proceed against the Applicants or any of the Released Parties in respect of or relating to
any Affected Claims shall be forever discharged and restrained, and all proceedings with
respect to, in connection with or relating to such Affected Claims be permanently stayed,
subject only to the right of Affected Creditors to receive distributions pursuant to this
Plan in respect of their Affected Claims;
(f)
declare that all Existing Parent Shares and other Equity Interests are fully, finally and
irrevocably cancelled;
(g)
declare certain Affected Claims to be Equity Claims;
(h)
declare that, subject to performance by the Applicants of their obligations under this Plan
and except as provided in this Plan, all obligations, agreements or leases to which any of
the Applicants is a party on the Plan Implementation Date shall be and remain in full
force and effect, unamended, as at the Plan Implementation Date and no party to any such
obligation or agreement shall on or following the Plan Implementation Date, accelerate,
terminate, refuse to renew, rescind, refuse to perform or otherwise disclaim or resiliate its
obligations thereunder, or enforce or exercise (or purport to enforce or exercise) any right
or remedy under or in respect of any such obligation or agreement, by reason:
(i)
(i)
of any event which occurred prior to, and not continuing after, the Plan
Implementation Date, or which is or continues to be suspended or waived under
this Plan, which would have entitled any other party thereto to enforce those
rights or remedies;
(ii)
that the Applicants have sought or obtained relief or have taken steps as part of
this Plan or under the CCAA;
(iii)
of any default or event of default arising as a result of the financial condition or
insolvency of the Applicants;
(iv)
of the effect upon the Applicants of the completion of any of the transactions
contemplated under this Plan; or
(v)
of any compromises, settlements, restructurings,
reorganizations effected pursuant to this Plan;
recapitalizations
or
barring, stopping, staying and enjoining the commencing, taking, applying for or issuing
or continuing any and all steps or proceedings, including without limitation,
administrative hearings and orders, declarations or assessments, commenced, taken or
proceeded with or that may be commenced, taken or proceeded with against any Released
Party in respect of all Claims and any matter which is released pursuant to Article 7
hereof;
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(j)
declare that section 36.1 of the CCAA, sections 95 to 101 of the BIA and any other
federal or provincial law relating to preferences, fraudulent conveyances or transfers at
undervalue, shall not apply to the Plan or to any payments, distributions, transfers, allocations
or transactions made or completed in connection with the Recapitalization, whether
before or after the Filing Date, including, without limitation, to any and all of the
payments, distributions, transfers, allocations or transactions contemplated by and to be
implemented pursuant to this Plan;
(k)
authorize the Monitor to perform its functions and fulfil its obligations under this Plan to
facilitate the implementation of this Plan;
(l)
declare that upon completion by the Monitor of its duties in respect of the Applicants
pursuant to the CCAA and the Orders, the Monitor may file with the Court a certificate
stating that all of its duties in respect of the Applicants pursuant to the CCAA and the
Orders have been completed and thereupon, PricewaterhouseCoopers Inc. shall be
deemed to be discharged from its duties as Monitor of the Applicants and released of all
claims relating to its activities as Monitor;
(m)
subject to payment of any amounts secured thereby, declare that each of the Charges shall
be terminated, discharged and released;
(n)
declare that the Applicants and the Monitor may apply to the Court for advice and
direction in respect of any matters arising from or under this Plan;
(o)
authorizing and empowering LPRC to seek the recognition of the Sanction Recognition
Order; and
(p)
declare the Persons to be appointed to the board of directors of LPRI and LPRC on the
Plan Implementation Date shall be the Persons on a certificate to be filed with the Court
by the Applicants prior to the Plan Implementation Date.
ARTICLE 9
CONDITIONS PRECEDENT AND IMPLEMENTATION
9.1
Conditions Precedent to Implementation of this Plan
The implementation of this Plan shall be conditional upon satisfaction or waiver of the following
conditions prior to or at the Effective Time, each of which is for the benefit of the Applicants and the
Initial Consenting Noteholders, collectively, and may be waived only by the Applicants and the Majority
Initial Consenting Noteholders, collectively; provided, however, that such conditions shall not be
enforceable by the Applicants or the Initial Consenting Noteholders if any failure to satisfy such
conditions results from an action, error, omission by or within the control of the party seeking
enforcement:
Plan Approval Matters
(a)
this Plan shall have been approved by the Required Majorities and the Court, in each case
in a form consistent with the Support Agreement or otherwise acceptable to the
Applicants and the Majority Initial Consenting Noteholders;
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(b)
the Sanction Order: (i) shall have been made prior to January 17, 2014 (or such later date
as the Applicants, the Agent and the Majority Initial Consenting Noteholders may agree);
(ii) shall be in a form consistent with the Plan and the Support Agreement or otherwise
acceptable to the Applicants and the Majority Initial Consenting Noteholders; and (iii)
shall have become a Final Order;
(c)
the Sanction Recognition Order: (i) shall have been made prior to January 31, 2014 (or
such later date as the Applicants, the Agent and the Majority Initial Consenting
Noteholders may agree); (ii) shall be in a form consistent with the Sanction Order, the
Plan and the Support Agreement and otherwise acceptable to the Applicants and the
Majority Initial Consenting Noteholders; and (iii) shall have become a Final Order;
(d)
all filings under Applicable Laws that are required in connection with the
Recapitalization shall have been made, and any regulatory consents or approvals that are
required in connection with the Recapitalization shall have been obtained and, in the case
of waiting or suspensory periods, such waiting or suspensory periods shall have expired
or been terminated;
(e)
there shall not be in effect any preliminary or final decision, order or decree by a
Governmental Entity, no application shall have been made to any Governmental Entity,
and no action or investigation shall have been announced, threatened or commenced by
any Governmental Entity, in consequence of or in connection with the Plan and the
Recapitalization that restrains, impedes or prohibits (or if granted could reasonably be
expected to restrain, impede or prohibit) the implementation of the Plan and the
Recapitalization or any material part thereof or requires or purports to require a variation
of the Plan;
Support and Backstop Agreement Matters
(f)
all conditions set out in the Support Agreement and the Backstop Agreement shall have
been satisfied or waived by the applicable parties pursuant to the terms of the Support
Agreement and the Backstop Agreement, as applicable;
(g)
the Majority Initial Consenting Noteholders shall be satisfied that no "change of control"
payments or similar payments or compensation will be payable to any officer of any of
the Applicants solely as a result of the Recapitalization;
(h)
the Support Agreement shall not have been terminated in accordance with its terms;
(i)
the Backstop Agreement shall not have been terminated in accordance with its terms;
LPRC and LPRI Matters
(j)
the form of amended articles of LPRC and amended certificate of incorporation of LPRI,
respectively, to become effective in connection with the implementation of the Plan shall
be acceptable to the Applicants and the Majority Initial Consenting Noteholders;
(k)
the number and terms of the New Shares to be issued pursuant to this Plan shall be
acceptable to the Applicants, the Monitor and the Majority Initial Consenting
Noteholders;
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(l)
the composition of the Post-Implementation Boards shall be consistent with the Support
Agreement and acceptable to the Applicants and the Majority Initial Consenting
Noteholders;
(m)
the Applicants and the Majority Initial Consenting Noteholders shall have agreed on the
terms of a share incentive plan pursuant to which there shall be reserved for issuance,
after the Plan Implementation Date, to management and employees of LPRC and LPRI,
such number of shares of the Applicants as are agreed to by the Applicants and the
Majority Initial Consenting Noteholders, which reserved shares shall, for certainty, be in
addition to the New Shares issued on the Plan Implementation Date;
(n)
except as expressly set out in or contemplated by this Plan or the Orders, or as consented
to by the Majority Initial Consenting Noteholders, neither LPRC nor LPRI shall have,
since the Filing Date: (i) issued or authorized the issuance of any shares, notes, options,
warrants or other securities of any kind (other than Existing Parent Shares), (ii) become
subject to any new Encumbrance with respect to its property; (iii) become liable to pay
any new material indebtedness or liability of any kind; or (iv) entered into any material
agreement;
(o)
any securities that are created in connection with the Plan, including the New Shares,
when issued and distributed pursuant to the Plan, shall be duly authorized, validly issued
and fully paid and non-assessable, and the issuance and distribution thereof shall be
exempt from the registration requirements of the U.S. Securities Act and the prospectus
requirements of Canadian provincial and territorial securities legislation;
(p)
LPRC shall not be a reporting issuer (or equivalent) under the securities legislation of any
province or territory of Canada;
Plan Matters
(q)
the aggregate amount of Disputed Distribution Claims Reserve shall be acceptable to the
Applicants, the Monitor and the Majority Initial Consenting Noteholders and shall have
been confirmed in the Sanction Order;
(r)
the Applicants, the Monitor and the Majority Initial Consenting Noteholders, each acting
reasonably, shall be satisfied with the proposed use of proceeds and payments to be made
pursuant to or in connection with the Recapitalization and the Plan (except as expressly
set out in or contemplated by this Plan or the Orders), including, without limitation,
consent fees, transaction fees, third party fees payable by any of the Applicants to any
Person (other than a Governmental Entity) or amounts payable pursuant to any
employment agreement or incentive plan of any of the Applicants;
(s)
the transaction steps required to complete and implement the Plan shall be in form and in
substance satisfactory to the Applicants and Majority Initial Consenting Noteholders;
(t)
any and all Court-imposed charges on any assets, property or undertaking of the
Applicants, including the Charges, shall be discharged on the Plan Implementation Date
on terms acceptable to the Applicants and the Majority Initial Consenting Noteholders;
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9.2
(u)
the Plan Implementation Date shall have occurred no later than February 15, 2014 (or
such later date as the Applicants, the Agent and the Majority Initial Consenting
Noteholders may agree);
(v)
the Applicants shall have made arrangements for the payment in full of all amounts
owing by the Applicants under or in respect of the Current Credit Facility and the Current
Credit Agreement and the discharge of the Current Bank Security on implementation of
the Plan;
(w)
funds in an aggregate amount equal to the New Investment Amount shall have been
deposited in escrow with the Monitor pursuant to Section 4.5 or delivered to the
Applicants by a Backstopper pursuant to the Backstop Agreement, or available to the
Applicants by drawing upon any letter of credit delivered to the Applicants by a
Backstopper pursuant to the Backstop Agreement;
(x)
LPRC shall have obtained the New Credit Facility on terms acceptable to the Applicants
and the Majority Initial Consenting Noteholders;
(y)
all fees and expenses owing to the Company Advisors, the Noteholder Advisors and the
Indenture Trustee shall have been paid as of the Plan Implementation Date, and the
Applicants and the Majority Initial Consenting Noteholders shall be satisfied that
adequate provision has been made for any fees and expenses due or accruing due to the
Company Advisors and the Noteholder Advisors from and after the Plan Implementation
Date; and
(z)
there shall not have occurred after the Filing Date a Material Adverse Change (as that
term is defined in the Support Agreement).
Monitor's Certificate
Upon delivery of written notice from the Applicants and the Majority Initial Consenting Noteholders of
the satisfaction or waiver of the conditions set forth in Section 9.1, the Monitor shall forthwith deliver to
the Applicants and Goodmans LLP a certificate stating that the Plan Implementation Date has occurred
and that this Plan is effective in accordance with its terms and the terms of the Sanction Order. As soon
as practicable following the Plan Implementation Date, the Monitor shall file such certificate with the
Court.
ARTICLE 10
GENERAL
10.1
Binding Effect
This Plan will become effective on the Plan Implementation Date. On the Plan Implementation Date:
(a)
the treatment of Affected Claims and Released Claims under this Plan shall be final and
binding for all purposes and shall be binding upon and enure to the benefit of the
Applicants, the Released Parties, all Affected Creditors, any Person having a Released
Claim and all other Persons named or referred to in, or subject to, this Plan and their
respective heirs, executors, administrators and other legal representatives, successors and
assigns;
D-39
10.2
(b)
all Affected Claims shall be forever discharged and released, excepting only the
obligations in the manner and to the extent provided for in this Plan;
(c)
all Released Claims shall be forever discharged and released;
(d)
each Affected Creditor and each Person holding a Released Claim shall be deemed to
have consented and agreed to all of the provisions of this Plan, in its entirety; and
(e)
each Affected Creditor and each Person holding a Released Claim shall be deemed to
have executed and delivered to the Applicants and any other Related Parties, as
applicable, all consents, releases, assignments and waivers, statutory or otherwise,
required to implement and carry out this Plan in its entirety.
Waiver of Defaults
From and after the Plan Implementation Date, all Persons shall be deemed to have waived any and all
defaults of the Applicants then existing or previously committed by the Applicants, or caused by the
Applicants, by any of the provisions in this Plan or steps contemplated in this Plan, or non-compliance
with any covenant, warranty, representation, term, provision, condition or obligation, expressed or
implied, in any contract, instrument, credit document, indenture, note, lease, guarantee, agreement for sale
or other agreement, written or oral, and any and all amendments or supplements thereto, existing between
such Person and the Applicants and any and all notices of default and demands for payment or any step or
proceeding taken or commenced in connection therewith under any such agreement shall be deemed to
have been rescinded and of no further force or effect, provided that nothing shall be deemed to excuse the
Applicants from performing their obligations under this Plan or be a waiver of defaults by the Applicants
under this Plan and the related documents.
10.3
Deeming Provisions
In this Plan, the deeming provisions are not rebuttable and are conclusive and irrevocable.
10.4
Non-Consummation; Exclusion from this Plan
(a)
The Applicants reserve the right to revoke or withdraw this Plan at any time prior to the
Plan Implementation Date. If the Applicants revoke or withdraw this Plan, or if the
Sanction Order is not issued, or if the Plan Implementation Date does not occur, (i) this
Plan shall be null and void in all respects, (ii) any settlement or compromise embodied in
this Plan, including the fixing or limiting to an amount certain any Claim, and any
document or agreement executed pursuant to this Plan, shall be deemed null and void,
and (iii) nothing contained in this Plan, and no acts taken in preparation for
consummation of this Plan, shall (A) constitute or be deemed to constitute a waiver or
release of any Claims by or against the Applicants or any other Person, (B) prejudice in
any manner the rights of the Applicants or any other Person in any further proceedings
involving the Applicants, or (C) constitute an admission of any sort by the Applicants or
any other Person.
(b)
At any time prior to the Plan Implementation Date, with (i) the consent of the Majority
Initial Consenting Noteholders, or (ii) an Order of the Court, LPRC may exclude any one
or more of the other Applicants (other than LPRC) from this Plan and proceed with this
Plan, which will thereafter be applicable to LPRC and any remaining Applicants only.
Forthwith after obtaining such consent of the Majority Initial Consenting Noteholders or
D-40
such an Order of the Court, LPRC will: (x) if LPRC is proceeding by way of consent
from the Majority Initial Consenting Noteholders, file a notice regarding the exclusion of
any excluded Applicant(s) with the Court, (y) post the notice on the Website, and (z) send
a copy of the notice by regular pre-paid mail to all Affected Creditors of the excluded
Applicant(s). If one or more Applicant(s) is so excluded, this Plan will be read and
interpreted in all respects as if such Applicant(s), and all Claims against such
Applicant(s) are unaffected by this Plan, and Section 10.4(a) of this Plan will apply to
such excluded Applicant(s) and all Creditors thereof mutatis mutandis.
10.5
10.6
Modification of this Plan
(a)
The Applicants reserve the right, at any time and from time to time, to amend, restate,
modify and/or supplement this Plan, but only with the consent of the Majority Initial
Consenting Noteholders; provided that the Agent must be satisfied with any such
amendment, restatement, modification and/or supplement that affects the treatment of
Syndicate Claims under this Plan in any material respect; and provided further that any
such amendment, restatement, modification or supplement must be contained in a written
document which is filed with the Court and (i) if made prior to or at the Meetings,
communicated to the Affected Creditors; and (ii) subject to Section 10.5(b), if made
following the Meetings, approved by the Court.
(b)
Notwithstanding Section 10.5(a), any amendment, restatement, modification or
supplement may be made by the Applicants with the consent of the Monitor and the
Majority Initial Consenting Noteholders, without further Court Order or approval,
provided that it concerns a matter which, in the opinion of the Applicants, the Monitor
and the Majority Initial Consenting Noteholders, each acting reasonably, is of an
administrative nature required to better give effect to the implementation of this Plan and
the Sanction Order or to cure any errors, omissions or ambiguities and is not materially
adverse to the financial or economic interests of the Affected Unsecured Creditors.
(c)
Any amended, restated, modified or supplementary plan or plans of compromise filed
with the Court and, if required by this section, approved by the Court, shall, for all
purposes, be and be deemed to be a part of and incorporated in this Plan.
Majority Initial Consenting Noteholders
For the purposes of this Plan, the Applicants shall be entitled to rely on written confirmation from
Goodmans LLP that the Majority Initial Consenting Noteholders have agreed to, waived, consented to or
approved a particular matter. Goodmans LLP shall be entitled to rely on a communication in any form
acceptable to Goodmans LLP, in its sole discretion, from any Initial Consenting Noteholder for the
purpose of determining whether such Initial Consenting Noteholder has agreed to, waived, consented to
or approved a particular matter, and the principal amount of Notes held by such Initial Consenting
Noteholder.
10.7
Paramountcy
From and after the Effective Time on the Plan Implementation Date, any conflict between:
(a)
this Plan or the Sanction Order; and
D-41
(b)
the covenants, warranties, representations, terms, conditions, provisions or obligations,
expressed or implied, of any contract, mortgage, security agreement, indenture, trust
indenture, note, loan agreement, commitment letter, agreement for sale, lease or other
agreement, written or oral and any and all amendments or supplements thereto existing
between one or more of the Affected Creditors and the Applicants as at the Plan
Implementation Date and the articles, certificate of incorporation or bylaws of the
Applicants at the Plan Implementation Date;
will be deemed to be governed by the terms, conditions and other provisions of this Plan, any Plan
Supplement Document and the Sanction Order, which shall take precedence and priority; provided,
however, that if there is a conflict between this Plan and any Plan Supplement Document, the Plan
Supplement Document shall govern and control; and provided, further, however, that to the extent that
any provision of this Plan or any Plan Supplement Document conflicts with or is in any way inconsistent
with any provision of the Sanction Order, the Sanction Order shall govern.
10.8
Foreign Recognition
LPRC, as authorized representative of the Applicants, shall file a motion with the U.S. Court seeking
entry of the Sanction Recognition Order as soon as practicable after entry of the Sanction Order.
10.9
Severability of Plan Provisions
If, prior to the Sanction Date, any provision of this Plan is held by the Court to be invalid, void or
unenforceable, the Court, at the request of the Applicants and with the consent of the Monitor and the
Majority Initial Consenting Noteholders, shall have the power to either (a) sever such provision from the
balance of this Plan and provide the Applicants with the option to proceed with the implementation of the
balance of this Plan as of and with effect from the Plan Implementation Date, or (b) alter and interpret
such provision to make it valid or enforceable to the maximum extent practicable, consistent with the
original purpose of the provision held to be invalid, void or unenforceable, and such provision shall then
be applicable as altered or interpreted. Notwithstanding any such holding, alteration or interpretation, and
provided that the Applicants proceed with the implementation of this Plan, the remainder of the
provisions of this Plan shall remain in full force and effect and shall in no way be affected, impaired or
invalidated by such holding, alteration or interpretation.
10.10
Responsibilities of the Monitor
The Monitor is acting in its capacity as Monitor in the CCAA Proceeding and this Plan with respect to the
Applicants and will not be responsible or liable for any obligations of the Applicants.
10.11
Different Capacities
Persons who are affected by this Plan may be affected in more than one capacity. Unless expressly
provided herein to the contrary, a Person will be entitled to participate hereunder in each such capacity.
Any action taken by a Person in one capacity will not affect such Person in any other capacity, unless
expressly agreed by the Applicants and the Person in writing or unless its Claims overlap or are otherwise
duplicative.
D-42
10.12
Notices
Any notice or other communication to be delivered hereunder must be in writing and reference this Plan
and may, subject as hereinafter provided, be made or given by personal delivery, ordinary mail or by
facsimile or email addressed to the respective parties as follows:
(a)
If to the Applicants:
c/o Lone Pine Resources Canada Ltd.
1100, 640 – 5th Avenue S.W.
Calgary, Alberta, Canada T2P 3G4
Attention:
Fax:
Email:
Charles R. Kraus
(403) 292-8001
[email protected]
with a copy to:
Bennett Jones LLP
4500 Bankers Hall East
855 – 2nd Street S.W.
Calgary, Alberta, Canada T2P 4K7
Attention:
Fax:
Email:
(b)
Chris Simard / Colin Perry
(403) 265-7219
[email protected] / [email protected]
If to Goodmans LLP or a Consenting Noteholder or Backstopper represented by
Goodmans LLP:
c/o Goodmans LLP
Bay Adelaide Centre
333 Bay Street, Suite 3400
Toronto, Ontario, Canada M5H 2S7
Attention:
Fax:
Email:
(c)
Robert Chadwick / Brendan O'Neill
(416) 979-1234
[email protected] / [email protected]
If to an Affected Creditor (other than a Consenting Noteholder represented by Goodmans
LLP), to the mailing address, facsimile address or email address provided on such
Affected Creditor's Proof of Claim;
D-43
(d)
If to the Monitor:
PricewaterhouseCoopers Inc.
111 – 5th Avenue S.W., Suite 3100
Calgary, Alberta, Canada T2P 5L3
Attention:
Fax:
Email
Paul Darby
(403) 781-1825
[email protected]
with a copy to:
McCarthy Tetrault LLP
421 – 7th Avenue S.W., Suite 3300
Calgary, Alberta, Canada T2P 4K9
Attention:
Fax:
Email:
Sean Collins
(403) 260-3501
[email protected]
or to such other address as any party may from time to time notify the others in accordance with this
section. Any such communication so given or made shall be deemed to have been given or made and to
have been received on the day of delivery if delivered, or on the day of faxing or sending by other means
of recorded electronic communication, provided that such day in either event is a Business Day and the
communication is so delivered, faxed or sent before 5:00 p.m. (Calgary time) on such day. Otherwise,
such communication shall be deemed to have been given and made and to have been received on the next
following Business Day.
10.13
Further Assurances
Each of the Persons named or referred to in, or subject to, this Plan will execute and deliver all such
documents and instruments and do all such acts and things as may be necessary or desirable to carry out
the full intent and meaning of this Plan and to give effect to the transactions contemplated herein.
DATED as of the 6th day of December, 2013.
SCHEDULE E
MONITOR'S REPORT
(see attached)
Clerk's stamp:
Court File Number
1301 - 11352
Court
COURT OF QUEEN'S BENCH OF ALBERTA
Judicial Centre
CALGARY
Applicants
IN THE MATTER OF THE COMPANIES' CREDITORS
ARRANGEMENT ACT, R.S.C. 1985, c. C-36, as amended
IN THE MATTER OF THE BUSINESS CORPORATIONS ACT,
R.S.A. 2000, c. B-9, as amended
AND IN THE MATTER OF THE COMPROMISE OR
ARRANGEMENT OF LONE PINE RESOURCES CANADA LTD.,
LONE PINE RESOURCES INC., LONE PINE RESOURCES
(HOLDINGS) INC., WISER DELAWARE LLC and WISER OIL
DELAWARE, LLC
MONITOR’S SIXTH REPORT TO COURT SUBMITTED BY
PRICEWATERHOUSECOOPERS INC.
DATED DECEMBER 10, 2013
Address for Service and Contact
Information of Party Filing this
Document:
McCarthy Tétrault LLP
3300, 421-7th Avenue SW
Calgary, AB T2P 4K9
Phone: 403-260-3500
Fax: 403-260-3501
Sean Collins
Walker MacLeod
[email protected]
[email protected]
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
TABLE OF CONTENTS
1.
INTRODUCTION ............................................................................................................... 1
2.
BACKGROUND TO THE CCAA FILING...............................................................................2
3.
STATUS OF THE CLAIMS PROCEDURE.............................................................................3
4.
REFINANCING ..................................................................................................................5
5.
SUMMARY OF PLAN OF ARRANGEMENT .........................................................................6
6.
ALTERNATIVES TO THE PLAN ....................................................................................... 12
7.
OVERVIEW OF THE OIL AND GAS PROPERTIES ............................................................ 13
8.
SALES PROCESS FOR CORE ASSETS............................................................................... 15
9.
ESTIMATED VALUE OF NON-CORE ASSETS ...................................................................24
10.
FOREST OIL SPIN-OFF RESTRICTIONS ..........................................................................28
11.
MONITORS VIEW ON THE SALES PROCESS ................................................................... 31
12.
BLOW-DOWN SCENARIO AND RESERVE ANALYSIS......................................................32
13.
LIQUIDATION ANALYSIS ............................................................................................... 35
14.
MONITOR’S COMMENTARY ON THE PLAN .................................................................... 37
15.
MONITOR’S CONCLUSION ON FAIRNESS AND REASONABLENESS OF THE PLAN ........ 41
16.
OTHER POTENTIAL RECOVERIES..................................................................................43
APPENDICES
A.
SEC definition of Accredited Investor
B.
Evi Properties Teaser
C.
Summary of 2013 Oil Transactions
D.
Narraway/Ojay Properties Teaser
E.
Summary of 2013 Gas Transactions
F.
Analysis of Lone Pine Resources book values and accounting methods
G.
Blow-down Scenario Calculation
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
1.
INTRODUCTION
1.1
On September 25, 2013, on the application of Lone Pine Resources Canada Ltd.
(“LPRC”), Lone Pine Resources Inc. (“LPRI”), Lone Pine Resources (Holdings) Inc.
(LPR Holdings”), Wiser Delaware LLC (“Wiser Delaware”) and Wiser Oil Delaware,
LLC (“Wiser Oil”) (collectively referred to as “Lone Pine Resources” or the
“Companies”), the Court of Queen’s Bench of Alberta (the “Court”) made an order (the
“Initial Order”) granting Lone Pine Resources protection from its creditors pursuant to
the Companies’ Creditors Arrangement Act (the “CCAA”). Under the Initial Order,
PricewaterhouseCoopers Inc. (“PwC”) was appointed monitor of the Companies (the
“Monitor”).
1.2
On October 18, 2013, the Companies sought and obtained an order granting recognition
of these proceedings as a foreign main proceeding (the “Recognition Order”) from the
United States Bankruptcy Court for the District of Delaware (the “US Court”) pursuant
to Chapter 15 of the US Bankruptcy Code. Among other things, the Recognition Order
recognises and enforces the CCAA Initial Order including any extensions, amendments,
or modifications thereto, on a final basis, declares Canada to be the centre of main
interest of each of the Companies, and recognises the CCAA Proceedings as a foreign
main proceeding.
1.3
Pursuant to the Initial Order and the November 27, 2013 order of the Court, among other
things, all creditors are stayed from commencing or continuing any proceedings against
Lone Pine Resources until, and including, January 10, 2013.
1.4
The Monitor has filed five reports to date. Additionally, a pre-filing report dated
September 24, 2013 was provided to the Court by PwC as proposed Monitor. Copies of
the filed reports are available on the Monitor’s website www.pwc.com/car-lpr. All
prescribed materials filed by Lone Pine Resources and the Monitor relating to this CCAA
proceeding are available to creditors and other interested parties in electronic format on
the Monitor’s website. The Monitor will make regular updates to the website containing
documents filed with the Court not otherwise sealed.
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
1.5
2.
This is the Monitor’s sixth report to Court (the “Sixth Report”) which has been prepared
in connection with the Companies’ Plan and the Monitor’s opinion thereon. The Purpose
of this Sixth Report is to:
1.5.1
Inform this Court of the Companies’ proposed Plan of Compromise and
Arrangement dated December 6, 2013 (the “Plan”) and estimated distributions
thereunder;
1.5.2
Provide the Court with a detailed analysis of the value of the Companies’ various
oil and gas properties and certain potential contingent claims (the latter potential
contingent claims being the subject of a Confidential Supplement (the
“Confidential Supplement”) to the Sixth Report);
1.5.3
Provide the Monitor’s views on the sales process run by the Companies’ Financial
Advisor (as hereinafter defined); and
1.5.4
Provide the Monitor’s assessment of the Plan and its recommendations thereon.
1.6
Unless otherwise stated, all monetary amounts noted herein are expressed in Canadian
dollars. Capitalized terms, not otherwise defined herein, are as defined in the Companies’
application materials for the Initial Application and the Comeback Application, including
the Affidavit No. 4 of Tim S. Granger (the “Fourth Granger Affidavit”), the Meeting
Order, the Plan, and the Monitor’s reports filed to date.
1.7
Certain information contained in this report is based on information obtained from the
Companies’ books and records and discussions with management and staff. The Monitor
has not independently verified the accuracy or completeness of such information;
accordingly the Monitor does not express an opinion thereon.
BACKGROUND TO THE CCAA FILING
2.1
As detailed in the First Granger Affidavit and the Monitor’s Second Report, sustained
declines in natural gas prices, drilling/operational challenges and limited access to
liquidity are the primary causes of Lone Pine Resources’ financial difficulty and
insolvency. Liquidity constraints and limited access to capital have also restricted the
Companies’ drilling/capital programs, negatively impacting development of its various oil
and gas properties.
2
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
3.
2.2
In the past year, Lone Pine Resources sold certain of its non-core assets and used the
proceeds to reduce amounts owing under the Facility. These asset sales, combined with
weaker commodity prices, resulted in reductions to the borrowing base under the Facility
(which was close to fully drawn) from $325 million in November 2012 to $185 million by
April 2013.
2.3
Continued liquidity constraints during the summer of 2013 resulted in LPRC not making
a $10.1 million semi-annual interest payment in respect of the Senior Notes that was due
on August 15, 2013. Additionally, LPRC did not make the interest payment within the 30
day cure period, which resulted in an event of default under the Senior Notes and also
triggered a cross-default under the Facility.
2.4
These issues persist today and are significant factors in limiting the restructuring options
available to Lone Pine Resources and the recoveries of creditors.
STATUS OF THE CLAIMS PROCEDURE
3.1
On October 9, 2013, the Companies applied to the Court seeking an order (the “Claims
Procedure Order”) to establish a procedure (the “Claims Procedure”) for
determining the claims of creditors against the Companies. The Court granted the Claims
Procedure Order which set a bar date for the filing of Proofs of Claim of 5:00PM
Mountain Standard Time on November 13, 2013.
3.2
Subsequent to the granting of the Claims Procedure Order, on November 8, 2013, the
Court granted an order (the “Claims Bar Date Extension Order”), which, among
other things, extended the Claims Bar Date to 5:00PM Mountain Standard Time on
November 27, 2013 (the “Claims Bar Date”).
3
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
3.3
Set out below is a summary of the admitted claims and claims still being reviewed as at
December 9, 2013.
($000's)
Admitted
Disputed
Claims
Claims
No.
Amount
4
188,383
No. Amount
Claims Being
Reviewed
No.
Amount
Total
No.
Amount
Secured Claims
Syndicate
Other
Total Secured claims
-
-
4
6
1,984
-
-
6
188,383
1,984
4
188,383
6
1,984
-
-
10
190,367
148
6,554
64
1,562
-
-
212
8,116
Unsecured Claims
Trade creditors
Noteholders
Total Unsecured Claims
1
213,681
-
-
-
1
213,681
149
220,235
64
1,562
-
-
213
221,797
153
408,618
70
3,546
Other Claims
Total Claims
65
757,406
65
757,406
65
757,406
288
1,169,570
3.4
The Monitor notes that the majority of claims in the ‘Disputed Claims’ category are claims
by Unaffected Creditors per the Claims Procedure Order, primarily from Joint Venture
partners and Critical Suppliers. As of December 9, 2013, the Monitor has received five
Notices of Objection for disputed claims totalling $16,418.18. Additionally, the Monitor
notes that the majority of the claims in the ‘Claims Being Reviewed’ category appear to be
equity claims by shareholders and claims seeking indemnity regarding potential
shareholder claims.
3.5
The Monitor and the Companies will continue to review all Proofs of Claim and, in
accordance with the Claims Procedure Order, will respond to all Proofs of Claim by no
later than December 13, 2013. The Monitor or the Companies will issue a notice of
revision or disallowance relative to claims that will ultimately be entitled to vote upon the
Companies’ CCAA plan of compromise and arrangement for any Proofs of Claim where
the amounts claimed are not in agreement with the Companies’ books and records or the
amount claimed is not adequately supported.
3.6
In light of the provisions of the Plan and the matters addressed in this Sixth Report,
which support the conclusion that there is no value attributable to the Company's
shareholders, Proofs of Claim filed in respect of "equity claims" under the CCAA will not
be determined pursuant to the Claims Procedure but rather, will be sought to be
4
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
discharged in connection with the relief to be sought by the Companies on the Sanction
Hearing.
4.
REFINANCING
4.1
The Monitor has been advised that as part of its restructuring initiatives, Lone Pine
Resources has, over the past six months, explored numerous refinancing options, but has
been unable to secure a refinancing package that would provide it with sufficient liquidity
to pursue its capital programs while satisfying its secured and unsecured creditors. In
June 2013, Lone Pine Resources engaged an advisor to assist the Companies with their
efforts to obtain a second lien secured credit facility to refinance the existing Facility. The
Companies discussed the refinancing with approximately ten prospective lenders and
feedback received indicated that long-term sustainable refinancing would require a
significant reduction in the outstanding principal of the Senior Notes.
4.2
The Syndicate of secured lenders has been supportive of Lone Pine Resources while it
attempted to obtain refinancing prior to the CCAA filing and has continued to be
supportive of the Companies’ proposed restructuring under the CCAA. However, the
Syndicate has stated that if the Companies’ proposed restructuring is not completed by
January 31, 2014, the Syndicate will seek to require that the Companies immediately
commence a liquidation process for their assets.
4.3
As discussed in the Monitor’s Fourth Report, the Companies have obtained a
commitment letter for a senior secured asset backed lending facility in the amount of up
to $130 million (the “ABL Commitment Letter”) from a new syndicate of lenders. The
refinancing proposal has numerous conditions, including the successful completion of the
proposed CCAA restructuring by January 31, 2014 (which includes a conversion of the
Senior Notes into equity and the cancellation of all existing equity interests) and an
injection of at least $110 million of new cash from the issuance of new share capital
and/or non-core asset dispositions. The ABL Commitment Letter was approved by order
of Justice Yamauchi granted in these proceedings on November 27, 2013.
4.4
The Companies have advised the Monitor that they have thoroughly explored all feasible
refinancing options and that the current $130 million refinancing proposal outlined in
the ABL Commitment Letter is, on balance, the best available option. As discussed in the
Monitor’s Fourth Report, the Monitor is supportive of the Companies entering into the
ABL Commitment Letter and continuing negotiations toward definitive loan documents.
5
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
5.
SUMMARY OF PLAN OF ARRANGEMENT
5.1
To assist readers in understanding and evaluating the Plan, the Monitor has reproduced
its summary of the Plan from the Monitor’s Fifth Report below.
5.1
Generally, the Plan would effect a recapitalization of Lone Pine Resources by the
unsecured creditors and conversion into equity of the majority of unsecured creditors
(the “Affected Unsecured Creditors”) holding Affected Unsecured Claims (as defined
in the Plan), as well as the cancellation of all existing equity interests in the Companies,
including the interest held by stockholders of LPRI. A summary of the key elements of
the Plan is set out below.
5.2
An information circular (the “Information Circular”) has been prepared by Lone Pine
Resources, which explains in detail, among other things, the voting process in respect of
the Plan and the transactions and compromises to be affected under the Plan. A copy of
the Information Circular will be attached as Schedule A to the Meeting Order.
Creditor Classes for Affected Unsecured Creditors
5.3
For the purpose of voting on the Plan, a single class of all Affected Unsecured Claims of
each of the five Lone Pine Resources entities will be formed.
5.4
Each class of Affected Unsecured Creditors will vote on the approval of the Plan for each
respective Company. Plan approval for each Company will require that a majority in
number (greater than 50%) and two thirds in value of each class of Affected Unsecured
Creditors votes, or is deemed to vote, in favour of the Plan.
5.5
The following table outlines the five Affected Unsecured Claim classes:
Affected Unsecured Creditors Class
Affected Unsecured Claims
LPRC Class...................................................
Affected Unsecured Claims against LPRC
LPR Holdings Class......................................
Affected Unsecured Claims against LPR Holdings
LPRI Class....................................................
Affected Unsecured Claims against LPRI
Wiser Oil Class.............................................
Affected Unsecured Claims against Wiser Oil
Wiser Delaware Class...................................
Affected Unsecured Claims against Wiser Delaware
6
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
5.6
The Affected Unsecured Claims under the Plan include all Affected Claims, as determined
through the Claims Procedure, including the Claims of Noteholders in respect of the
Senior Notes.
5.7
Noteholders shall be permitted to vote in respect of all five Affected Unsecured Creditor
Classes, as the Senior Notes were either issued or guaranteed by each of the Companies,
but each Affected Unsecured Creditor will receive only a single distribution under the
Plan.
5.8
Pursuant to the CCAA, Equity Claimants shall not be entitled to vote on the Plan or
receive any distributions thereunder.
Unaffected Creditors
5.9
The Plan does not affect or compromise the claims and rights of Unaffected Creditors, as
Unaffected Creditors are expected to be paid in the normal course. As a result,
Unaffected Creditors will not receive any consideration or distributions under the Plan
and shall not be entitled to vote on the Plan at the Meetings in respect of their Unaffected
Claims. The Unaffected Claims include, among other things, the following:
5.9.1
Claims secured by the CCAA Charges (including Claims of Critical Suppliers);
5.9.2
Any part of a Claim arising from a cause of action for which the Company is
covered by insurance, but only to the extent of such coverage;
5.9.3
Post-Filing Trade Payables;
5.9.4
Claims of Joint Venture Partners;
5.9.5
Claims of the Syndicate; and
5.9.6
Claims in respect of an Employee Amount (other than in respect of Options).
Treatment of Affected Unsecured Claims
5.10
The Plan contemplates that, in consideration for the distributions set out below, all
Affected Unsecured Claims shall be fully, finally, irrevocably and forever compromised,
settled, released, discharged, extinguished, cancelled and barred.
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5.11
The Plan provides that Affected Unsecured Creditors holding an Affected Unsecured
Claims equal to or less than $10,000 shall be considered Cash Pool Creditors (the “Cash
Pool Creditors”) for purposes of distributions under the Plan.
5.12
Affected Unsecured Creditors holding an Affected Unsecured Claim in excess of $10,000
may elect to reduce their Affected Unsecured Claim to $10,000 by making a Cash
Election with the Monitor in accordance with the Meeting Order, in which case they shall
receive the same distribution (pro-rated, as described below) under the Plan as Cash Pool
Creditors.
5.13
Affected Unsecured Creditors with claims in excess of $10,000 who do not make a Cash
Election shall receive newly issued shares in LPRC and LPRI.
Consideration to be distributed to Affected Unsecured Claims
5.14
The Plan provides the following consideration to be distributed to the Affected Unsecured
Creditors in full and final satisfaction of all Affected Unsecured Claims:
For Cash Pool Creditors:
5.14.1
Each Cash Pool Creditor will receive an amount from the Cash Pool equivalent to
its pro-rata Share of the Cash Pool up to the value of its Allowed Affected Claim;
and
5.14.2 The total amount payable to all Cash Pool Creditors is not to exceed $700,000.
For Affected Unsecured Creditors (other than Cash Pool Creditors):
5.14.3 Each other Affected Unsecured Creditor (other than Cash Pool Creditors) with an
Allowed Affected Unsecured Claim will receive:
5.14.3.1 Its pro-rata share of newly issued LPRC Class A Voting Common Shares;
5.14.3.2 One newly issued LPRI Class A Voting Common Share for each LPRC
Class A Voting Common Share; and
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5.14.3.3 If such Affected Unsecured Creditor is a Backstopper 1, its Backstopper’s
Pro-Rata Share of approximately $4 million (calculated as 4% of the New
Investment Amount).
New Investment
5.15
Each Qualifying Unsecured Creditor shall have the right, but not the obligation, to
purchase for cash, up to such Affected Unsecured Creditor’s Pro-Rata Share, of a new
investment in LPRC Preferred Shares in the aggregate amount of between $100 million to
$110 million and corresponding LPRI Multiple Voting Shares (the “New Investment”).
5.16
For each LPRC Preferred Share purchased pursuant to the New Investment, a subscribing
creditor will also acquire one LPRI Multiple Voting Common Share as part of the New
Investment. The subscription price for the LPRI Multiple Voting Common Shares will be
nominal (between $100 and $110 in the aggregate, depending on the final New
Investment Amount for the LPRC Preferred Shares).
5.17
A Qualifying Unsecured Creditor means an Affected Unsecured Creditor that is not a
Cash Pool Creditor and is an accredited investor as defined and contemplated by Rule 501
of Regulation D under the U.S. Securities Act. The U.S. Securities and Exchange
Commission’s definition of an accredited investor is attached as Appendix A.
5.18
In accordance with the proposed Meeting Order, each Affected Unsecured Creditor will
receive a New Investment Subscription Form. In order to participate in the New
Investment, a Qualifying Unsecured Creditor must return a duly executed New
Investment Subscription Form to the Companies, the Monitor and Goodmans LLP, in
accordance with the Plan and the Meeting Order by January 13, 2014. If the Plan is
accepted, payment for the New Investment will be required five business days prior to the
Anticipated Implementation Date, being January 31, 2014.
5.19
In addition, in order to become a Backstopper under the Backstop Agreement, any
Qualifying Unsecured Creditor must return a duly executed Backstop Joinder to the
Companies, the Monitor and Goodmans LLP, in accordance with the Plan and the
Meeting Order by January 13, 2014. Each Backstopper agrees to invest additional
1
Per the Plan, "Backstoppers" means those Qualifying Unsecured Creditors that are Consenting Creditors and are
parties to the Backstop Agreement (and any of their permitted assignees or designees), either by having executed the
original Backstop Agreement as at September 24, 2013 or a Backstop Joinder on or before the Backstop Deadline,
and "Backstopper" means any one of them.
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amounts (on a pro-rata basis) in the event that less than 100% of Affected Unsecured
Creditors participate in the New Investment.
5.20
Submission of a New Investment Subscription Form in accordance with the Plan and the
Meeting Order shall constitute a subscription and commitment to participate in the New
Investment by purchasing LPRC Preferred Shares and LPRI Multiple Voting Common
Shares under the New Investment.
5.21
It is anticipated that on a fully diluted or “as converted” basis, the LPRC Preferred Shares
will represent approximately 75% of the equity of LPRC on Plan implementation,
depending on the quantum of the New Investment.
5.22
As a result of the LPRC Preferred Shares issued as part of the New Investment, it is
anticipated that the LPRC Class A Voting Common Shares distributed to Affected
Unsecured Creditors will be diluted down to represent approximately 25% of the equity of
LPRC on Plan implementation.
5.23
The redemption price of LPRC Preferred Shares and the number of votes attached to each
LPRI Multiple Voting Common Shares will increase at a rate of 10% per year (the
“Accretion Rate”); which, if redeemed after Plan Implementation, will increase the fully
diluted percentage of equity relative to the LPRC Class A Voting Common Shares issued
on Plan implementation above 75%.
5.24
Similarly, due to the Accretion Rate on the LPRC Preferred Shares (and the LPRI
Multiple Voting Common Shares), holders of LPRC Class A Voting Common Shares
issued on Plan implementation will see their respective position diluted with the passage
of time due to the increase in the redemption price of the LPRC Preferred Shares by 10%
per year, which will lower the effective equity interest of the LPRC Class A Voting Shares
by approximately 1% to 2% per year on a fully diluted basis.
5.25
The Monitor notes that the newly issued LPRC Preferred Shares, LPRI Multi Voting
Shares and LPRC Class A Voting Common Shares will not be publicly listed on a
securities exchange. As such, there can be no certainty that Affected Unsecured Creditors
who receive these shares will be able to trade them.
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Existing shareholders and Equity Claimants
5.26
The Plan contemplates that on the Plan Implementation Date, all existing Equity
Interests, including all existing shares of common stock of LPRI, shall be cancelled and
extinguished and all Equity Claims shall be fully, finally, irrevocably and forever
compromised, settled, released, discharged extinguished, cancelled and barred.
5.27
The Plan contemplates that Equity Claimants will not receive any consideration or
distributions under the Plan.
Releases
5.28
The Plan also provides for the release of the Released Parties from all claims relating to,
among other things, the business and affairs of the Companies whenever or however
conducted, the Recapitalization, the Plan, and the CCAA Proceedings. The Released
Parties include the Companies, the Directors, the Officers, the Monitor and its Canadian
and US legal advisors, the Note Indenture Trustee, the Consenting Creditors, the
Backstoppers, the Agent, the Syndicate, the Company Advisors, and the Noteholder
Advisors. The Companies will not be released or discharged from any Unaffected Claim
or Claim that is not permitted to be released pursuant to the CCAA. Directors and
Officers will not be released from any Claim that is not permitted to be released pursuant
to the CCAA.
Other key Plan terms
5.29
The Plan includes a range of conditions precedent to implementation, which include, but
are not limited to, the following:
5.29.1 The Court will have granted the CCAA Sanction order prior to January 17, 2014,
and the Sanction Recognition Order in the US Chapter 15 will have been granted
prior to January 31, 2014;
5.29.2 All conditions set out in the Support Agreement and Backstop Agreement shall
have been satisfied or waived, and the Support Agreement and Backstop
Agreement shall not have been terminated;
5.29.3 The Plan Implementation Date shall occur no later than February 15, 2014;
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5.29.4 The Companies shall have made arrangements for the payment in full of all
amounts owing in respect of the existing Facility;
5.29.5 The New Investment Funds shall have been deposited with the Monitor; and
5.29.6 LPR Canada shall have obtained a new credit facility on terms acceptable to the
Companies and the Majority Initial Consenting Noteholders.
6.
ALTERNATIVES TO THE PLAN
6.1
If the Plan is not implemented by January 31, 2014, the Syndicate has advised that it will
seek to require the Companies to commence a liquidation of the assets of Lone Pine
Resources, as it wants to effect a recovery of its secured loans as soon as possible. The
Monitor notes that if the Plan is not approved or implemented, neither the New
Investment Amount nor the proceeds of the new ABL Loan will be received by the
Companies, which will result in Lone Pine Resources having insufficient liquidity to
continue operations and fund its winter drilling program.
6.2
As a result, continuation of the Companies “as is” is not feasible. Accordingly, in the event
that the Plan is not approved or implemented, the two most probable alternatives
available to the Companies are:
6.3
6.2.1
A run-out or ‘Blow-down’ of the Companies’ existing producing assets; or
6.2.2
An orderly liquidation of all of the assets of the Companies.
In order to assist stakeholders in understanding the values that might be obtained under
these two alternatives, the Monitor provides below:
6.3.1
An overview of the Companies’ oil and gas properties;
6.3.2
A summary of the recent Sales Process (as hereinafter defined) that was
undertaken for the Companies’ Core Assets (as hereinafter defined), as the results
from this process are indicative of the current market values of the Core Assets
(as hereinafter defined);
6.3.3
The Monitor’s views on the current recoverable value of the Non-Core Assets (as
hereinafter defined); and
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6.3.4
6.4
7.
The Monitor’s views on the impact of the Spin-Off Restrictions (as hereinafter
defined) on the Sales Process (as hereinafter defined).
Additionally, in Section 12 of this report, the Monitor provides an analysis of the potential
recoveries that would be available under a “Blow-down” Scenario (as hereinafter defined)
and in Section 13 of this report the Monitor provides an analysis of the recoveries that
would be available under an orderly liquidation of the Companies’ assets.
OVERVIEW OF THE OIL AND GAS PROPERTIES
Core Assets
7.1
LPRC has two principal oil and gas producing properties, being the properties located in
the Evi field (the “Evi Properties”) and the properties located in the Narraway/Ojay
fields (the “Narraway/Ojay Properties”) (collectively, the “Core Assets”). These
properties are detailed in the first Granger Affidavit and summarized below:
7.1.1
The Evi Properties, located in the Peace River Arch area of northern Alberta,
primarily target light oil production. As at December 31, 2012, estimated proved
reserves for the Evi Properties were approximately 18.2 million barrels of oil
equivalent (“boe”), as determined in accordance with the requirements of the
U.S. Securities and Exchange Commission (“SEC”), with 35% classified as proved
developed reserves. Lone Pine Resources currently has 148 net productive wells
on the Evi Properties. Average daily net sales volumes from the Evi Properties
for the three months ended September 30, 2013, were approximately 1,943 boe
per day at an average realized equivalent selling price of $97.81 per boe.
7.1.2
The Narraway/Ojay Properties, located in Alberta and British Columbia,
primarily target natural gas with minimal natural gas liquids content. As at
December 31, 2012 (the effective date of the most recently updated reserve
report), estimated proved reserves for the Narraway/Ojay Properties were
approximately 62.2 billion cubic feet equivalent (“Bcfe”) as determined in
accordance with SEC requirements, with 100% classified as proved developed
reserves. Lone Pine Resources currently has 40.7 net productive wells on the
Narraway/Ojay Properties. Average daily net sales volumes from the
Narraway/Ojay Properties for the three months ended September 30, 2013, were
approximately 24.7 million cubic feet equivalent (“MMcfe”) per day at an
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average realized equivalent selling price of $2.64 per thousand cubic feet
equivalent (“Mcfe”).
Non-Core Assets
7.2
LPRC also holds a number of other non-core assets, which include undeveloped shale gas
properties in Quebec and the Northwest Territories with unconventional gas potential
and smaller operated and non-operated producing properties in Alberta and British
Columbia (the Non-Core Assets”).
7.3
The Companies have publicly disclosed that the two shale properties in Quebec and the
Northwest Territories could, with development, potentially provide commercial
quantities of natural gas. The shale gas properties have been held for a significant
amount of time, as the Companies’ ownership pre-dates the Forest Spin-Off (as
hereinafter defined). The Non-Core Assets can be summarized as follows:
7.3.1
LPRC holds approximately 240,320 net acres in Quebec (the “Quebec
Properties”) that are prospective for the Utica shale. There is currently no
production from the Quebec Properties and, as discussed in further detail in the
NAFTA claims section of the Confidential Supplement, no reserves are attributed
to the Quebec Properties as the project remains exploratory in nature.
Development of the Quebec Properties has halted due to a moratorium on shale
gas activity imposed by the Government of Quebec. Currently, there do not
appear to be any plans announced by the Government of Quebec to modify or
discontinue the moratorium.
7.3.2
In the Northwest Territories at Pointed Mountain, LPRC holds approximately
53,000 net acres of undeveloped properties in the Liard Basin (the “Liard
Properties”) that are prospective for shale gas from the Muskwa and Exshaw
horizons.
7.3.3
LPRC also has undeveloped land in other areas, the most significant of which is
prospective land in a potential light oil rich area called Hutch (the “Hutch
Properties”), in Northern Alberta. The Hutch Properties were purchased after
the Forest Spin-Off (as hereinafter defined) for approximately $7.5 million.
7.3.4
Other non-core producing assets in Alberta, consist of the Hayter property in
Eastern Alberta (the “Hayter Property”) which currently produces
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approximately 250 boe per day of heavy oil, and a number of non-operated
properties (the “Non-Operated Properties”) currently producing
approximately 5 MMcfe per day of natural gas.
7.4
In summary, as set out in the table below, the Core Assets (consisting of the Evi
Properties and the Narraway/Ojay Properties), represent the majority of the Companies’
Oil & Gas Properties, as they comprise approximately 85% of current daily production
and approximately 88% of proved reserves with the other non-core properties making up
the remainder.
Daily Production Rates
%
Evi
1,943 27%
2,730
29%
17,181,333 55%
Narraway/Ojay
4,117 58%
5,017
53%
10,372,152 33%
Total Core Assets
6,060
7,747
81%
27,553,485
19%
%
85%
Q4 2012
Boe/d
SEC RR 2012
Proved Reserves
Boe
%
Property
Q3 2013
Boe/d
Non-Core Assets
1,050 15%
1,783
Total
7,110
9,530
88%
3,863,681 12%
31,417,167
Notes:
- Mcfe/d converted to boe/d at a rate of 6:1.
- Proved Reserves based on SEC reserve reporting requirements.
8.
SALES PROCESS FOR CORE ASSETS
8.1
The following section of the report summarizes the recent process undertaken by the
Companies to market the Core Assets, as the results of this process are indicative of the
current market value of the Core Assets which the Monitor has used in its Liquidation
Analysis (as hereinafter defined).
8.2
In August 2012, Lone Pine Resources engaged RBC Dominion Securities Inc., a member
company of RBC Capital Markets (the “Financial Advisor”) to assist the Companies in
considering alternatives to maximize the value of Lone Pine Resources Core Asset
portfolio (the “Sales Process”), namely the Evi Properties and the Narraway/Ojay
Properties.
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EVI Marketing Process
8.3
The Financial Advisor initiated the marketing process for the Evi Properties (the “Evi
Marketing Process”) on September 17, 2012, after the Financial Advisor, in
consultation with the Companies, developed a list of 135 potential purchasers. The
potential purchaser list included both strategic and financial buyers located in Canada,
the USA and internationally, and included various foreign and state owned oil companies
and numerous financial or private equity parties.
8.4
The Evi Marketing Process was structured to identify parties who were interested in:
8.4.1
A joint venture with the Evi Properties;
8.4.2
A ‘farm-in2’ transaction with the Evi Properties; or
8.4.3
An alternative transaction such as an outright acquisition.
8.5
The Financial Advisor has advised the Monitor that, while the Evi Marketing Process
initially focused on a number of different transaction types including a joint-venture
partnership, all potential purchasers were informed that the Companies would be open to
an outright acquisition of the Evi Properties and would consider any proposals received.
8.6
An introductory “teaser” letter was prepared by the Financial Advisor and Lone Pine
Resources and sent to the 135 identified potential purchasers. A copy of the teaser is
attached as Appendix B. Of the 135 parties contacted, 20 parties signed confidentiality
agreements.
8.7
A confidential virtual data room was developed by the Financial Advisor and Lone Pine
Resources. The virtual data room contained various detailed financial, operational,
geological and legal documentation. The virtual data room was opened on October 4,
2012 to allow parties who had signed confidentiality agreements to access certain
confidential data to assist with their due diligence in analyzing the Evi Properties.
8.8
Lone Pine Resources and the Financial Advisor also developed a management
presentation which contained more detail about the Evi Properties. Through October and
2
Farm-ins are an oil and gas term for deals where a company, not at present a licensee on a particular licensed area,
can acquire an interest from one of the existing licensees. The transfers of interest are generally made in return for
exploration or other commitments, for exchanges of licence interests, or for cash
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November, 2012, 14 parties requested and attended management presentations with
respect to the Evi Properties.
8.9
The Financial Advisor set a date of December 12, 2012 for the first round of proposals for
the Evi Properties, approximately 3 months after the start of the Evi Marketing Process.
Three proposals were received by this bid deadline date. An additional proposal was
received on December 19, 2012. All four proposals were reviewed in detail by the
Companies and the Financial Advisor. The proposals received indicated that the
interested parties would be interested in joint ventures or outright purchases of the Evi
Properties.
8.10
On January 9, 2013, the Companies elected not to pursue two of the four proposals (due
to issues with the proposed structure and low price offered) and requested that revised
proposals be submitted by the other two interested parties. In February 2013, the
Companies received a fifth proposal which, after review, was not pursued by the
Companies due to the inadequate price offered.
8.11
On March 7, 2013, the Companies signed a letter of intent with respect to a joint venture
on the Evi Properties with one of the two remaining participants in the process (the "JV
Counterparty"). The Monitor notes that the remaining participant in the process
subsequently retracted its offer to purchase 100% of the Evi Properties, as the party
subsequently determined that it was unable to finance the proposed transaction. The
Financial Advisor continued negotiations with the JV Counterparty through June 2013, at
which time negotiations were terminated as Lone Pine Resources and the JV
Counterparty could not come to mutually acceptable terms of a transaction.
8.12
In August 2013, the Financial Advisor re-approached parties that had previously
expressed an interest in the Evi Properties, to re-solicit bids with respect to the Evi
Properties. As a result of this, in or around the beginning of September 2013, two parties
submitted acquisition proposals or expressions of interest for a 100% interest in the Evi
Properties. The offers ranged between $125 million and $150 million and contemplated
purchasing a 100% interest in the Evi Properties.
8.13
The Financial Advisor has advised the Monitor that during 2013, the market’s view of the
desirability of properties in the Evi field deteriorated significantly, as a result of
companies operating in the Evi field reporting higher than expected operating costs,
lower than expected well performance, and high capital costs related to drilling and
maintaining production levels. As a result, the Financial Advisor has advised the Monitor
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that the price that interested parties were willing to pay for the Evi Properties declined
significantly during 2013, once interested parties conducted their technical due diligence
of the Evi Properties and became aware of general market conditions and the capital
intensity of developing the Evi field.
8.14
In summary, the Financial Advisor contacted 135 parties in respect of the Evi Marketing
Process. The Evi Marketing Process was run for a period of approximately 12 months,
during which 20 parties signed confidentiality agreements and five parties submitted
proposals. After lengthy negotiations, in September, 2013, two expressions of interest to
acquire a 100% interest in the Evi Properties were received for $125 million and $150
million (the “Evi Offers”).
8.15
The Monitor has benchmarked the Evi Offers using the following two metrics:
8.15.1
Price per flowing boe of production; and
8.15.2 Pricing of proved and probable reserves, based on NI 51-101 standards.
8.16
Based on the Companies average daily production as at September 2013 (of 1,940 boe per
day), the Evi Offers equate to an approximate value range of $64,400 to $77,300 per
flowing boe. An analysis by the Monitor of the publically available data for comparable
2013 sales transactions involving oil weighted producing assets in Western Canada
(proved plus probable oil reserves of 50% or greater) (the “2013 Oil Transactions”)
indicates that the average selling price per flowing boe was approximately $67,400. A
summary of the 2013 Oil Transactions is attached as Appendix C.
8.17
Therefore, the Monitor concludes that, with respect to the producing Evi Properties, the
Evi Offers provide value consistent with that of the current market.
8.18
The Monitor also performed a detailed comparable transaction analysis of values for
proved and probable reserves.
8.19
Based on Lone Pine Resources’ NI 51-101 reserves, the Evi Offers equate to an
approximate value range of $8.84 to $10.61 per boe for proved reserves (“1P”) and $4.73
to $5.67 per boe for proved plus probable reserves (“2P”). The average pricing per the
2013 Oil Transactions was significantly higher at $23.30 per boe for 1P and $16.50 for 2P.
The primary reasons for this difference include:
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8.19.1
The Evi Properties are a unique play that involves tight oil reserves that are
difficult to access. These reserves require expensive and high risk extraction
techniques, such as horizontal wells with multistage fracture stimulation
completions and complex waterflood secondary recovery techniques. As such,
the market value attributed to non-producing Evi reserves (both proven and
probable) is significantly discounted to reflect these increased costs and risks as
the lower capital efficiencies of the Evi field; and
8.19.2 The average pricing for the 2013 Oil Transactions is skewed higher due to four
transactions with dollar per boe values that were significantly higher than market
(with 3 of the 4 transactions being for assets located in Saskatchewan):
8.19.2.1
Surge Energy acquisition ($42.03 per boe for 1P and $22.46 for 2P) –
medium gravity oil reserves in southwest Saskatchewan with key
infrastructure in place and large inventory of unbooked oil locations on
the acquired lands;
8.19.2.2 Toscana Energy acquisition ($36.11 per boe for 1P and $26.60 for 2P) diversified portfolio of oil and gas royalties from producing properties
throughout western Canada;
8.19.2.3 TORC acquisition ($31.78 per boe for 1P and $22.97 for 2P) – low decline
high netback light-oil reserves in southeast Saskatchewan with a large
inventory of 3D seismic and undeveloped land; and
8.19.2.4 Whitecap Resources acquisition ($30.18 per boe for 1P and $24.49 for
2P) – long reserve life, low decline high netback light-oil reserves located
in west central Saskatchewan.
8.20
The current market for the Evi Properties is also affected by the large amount of Western
Canadian asset inventory currently on offer.
8.20.1 At present, approximately 106,700 boe/d of oil weighted production is on the
market, indicating that there are a large number of other oil and gas companies
trying to divest of similar assets.
8.20.2 The Monitor and the Financial Advisor note that available for sale production in
Western Canada is currently at the highest level in the past five years.
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8.21
Based on the above analysis, the results of the Evi Marketing Process appear to be
reflective of the current market for oil weighted properties in Western Canada.
Narraway/Ojay Marketing Process
8.22
The Financial Advisor initiated the marketing process for the Narraway/Ojay Properties
(the “Narraway/Ojay Marketing Process”) in October 2012 after it, in consultation
with the Companies, developed a list of potential purchasers. The Financial Advisor
contacted 43 parties starting in October 2012. The potential purchaser list included both
strategic and financial buyers located in Canada, the USA and internationally, and
included various foreign and state owned oil and gas companies and numerous potential
financial/private equity purchasers.
8.23
The Monitor notes that the Narraway/Ojay Properties primarily target dry natural gas
production and, due to the continuing depressed market prices of natural gas along with
the high well/drilling costs in the area, there is a smaller number of potential purchasers
for the Narraway/Ojay Properties as compared to the Evi Properties, which primarily
targets light oil production.
8.24
The Narraway/Ojay Marketing Process was structured to identify parties who were
interested in an outright purchase of the Narraway/Ojay Properties; however, the
marketing materials indicated that the Company would also be open to an alternative
structure such as a joint venture.
8.25
An introductory “teaser” letter was prepared by the Financial Advisor and Lone Pine
Resources and sent to prospective purchasers. A copy of the teaser is attached as
Appendix D. Of the 43 parties contacted, seven parties signed confidentiality agreements.
8.26
A confidential virtual data room was developed by the Financial Advisor and Lone Pine
Resources. The virtual data room contained various detailed financial, operational,
human resources, geological and legal documentation. The virtual data room was made
available to allow parties who had signed confidentiality access to certain confidential
data to assist with their due diligence in analyzing the Narraway/Ojay Properties.
8.27
Lone Pine Resources and the Financial Advisor also developed a management
presentation which contained significantly more detail about the Narraway/Ojay
Properties. By the end of November, 2012, four parties requested and attended
management presentations with respect to the Narraway/Ojay Marketing Process.
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8.28
The Financial Advisor had set a date of December 12, 2013 for the first round of proposals
for the Narraway/Ojay Propertie. However, no proposals were submitted by the bid
deadline of December 12, 2012.
8.29
As a result of this, the Financial Advisor continued the Narraway/Ojay Marketing Process
through the first half of 2013, which resulted in the Company receiving two non-binding
proposals, one in May 2013 and one in June 2013. However, both proposals were
conditional on extensive due diligence and certain other approvals, including financing,
and pricing was deemed inadequate. As a result, both of these proposals were rejected.
8.30
In August 2013, the Financial Advisor re-approached parties that had previously
expressed an interest in the Narraway/Ojay Properites, to re-solicit bids with respect to
the Narraway/Ojay Properites. As a result of this, in or around the beginning of
September 2013, two parties who had previously submitted the non-binding proposals
reaffirmed their expressions of interest in the Narraway/Ojay Properties. The offers
ranged between $70 million and $75 million and contemplated purchasing a 100%
interest in the Narraway/Ojay Properties, and were still subject to due diligence and
various conditions.
8.31
In summary, the Financial Advisor contacted 43 parties in respect of the Narraway/Ojay
Marketing Process. The Narraway/Ojay Marketing Process was run for a period of
approximately 10.5 months during which seven parties signed confidentiality agreements
and two parties submitted proposals.
8.32
In September, 2013, the two parties interested in purchasing the Narraway/Ojay
Properties reaffirmed their respective expressions of interest to acquire a 100% interest in
the Narraway/Ojay Properties for $70 million and $75 million, respectively (the
“Narraway/Ojay Offers”).
8.33
The Monitor has benchmarked the Narraway/Ojay Offers using the following two
metrics:
8.33.1 Price per flowing boe of production; and
8.33.2 Pricing of proved and probable reserves, based on NI 51-101 standards.
8.34
Based on the average daily production (primarily dry natural gas) as at September 2013
(of 4,120 boe per day), the Narraway/Ojay Offers equate to an approximate value range of
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$17,000 to $18,200 per flowing boe. An analysis of the publicly available data for 2013
sales transactions involving gas weighted (gas reserves of 50% or greater) producing
assets in Western Canada (the “2013 Gas Transactions”) indicates that the average
selling price per flowing boe was approximately $21,900. A summary of the 2013 Gas
Transactions is attached as Appendix E
8.35
The Narraway/Ojay Offers reflect value that is lower than the market average, which is
attributed to:
8.35.1 The majority of the 2013 Gas Transactions occurred in Q1 and Q2 of 2013 when
natural gas prices were higher; and
8.35.2 Although weighted toward gas, the 2013 Gas Transactions reflect packages of
assets that have differing weightings of dry gas, natural gas liquids and oil. The
transactions with higher percentages of natural gas liquids and oil attract higher
market prices due to the relatively higher value of these commodities. The
Narraway/Ojay assets produce almost 100% dry gas and therefore attract a lower
market price.
8.36
Based on Lone Pine Resources’ NI 51-101 reserves, the Narraway/Ojay Offers equate to an
approximate value range of $3.91 to $4.19 per boe for 1P reserves and $1.27 to $1.36 per
boe for 2P reserves. The average pricing for the 2013 Gas Transactions was significantly
higher at $7.30 per boe for 1P and $6.40 for 2P.
8.37
The primary reasons for this difference relates to the fact that, although weighted toward
gas, the 2013 Gas Transactions reflect packages of assets that have differing weightings of
dry gas, natural gas liquids and oil. The transactions with higher percentages of natural
gas liquids and oil attract higher market prices due to the relatively higher value of these
commodities. The Narraway/Ojay assets produce almost 100% dry gas and therefore
attract a lower market price.
8.38
Additionally, the Monitor notes that a number of leases for the Narraway/Ojay Properties
are expected to expire in the near future due to various reasons, including, but not limited
to, lack of drilling activity on the Narraway/Ojay Properties. Due to capital constraints
faced by Lone Pine Resources, and the continuing depressed prices of natural gas, the
Companies have not recently engaged in an active drilling program in Narraway/Ojay and
LPRC’s current capital and drilling program does not contemplate significant
development of the Narraway/Ojay Properties. Accordingly, Lone Pine Resources
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DECEMBER 10, 2013
expects that leases for certain lands that form part of the Narraway/Ojay Properties will
expire in the coming 12 month period and may not be renewed.
8.39
The current market for the Narraway/Ojay Properties is also affected by the large amount
of Western Canadian asset inventory currently on offer.
8.39.1 At present, approximately 43,100 boe/d of gas weighted production is on the
market, indicating that there are a large number of other oil and gas companies
trying to divest of similar assets.
8.39.2 The Monitor and the Financial Advisor note that available for sale production in
Western Canada is currently at the highest level in the past five years.
8.40
Based on the above analysis, the results of the Narraway/Ojay Marketing Process appear
to be reflective of the current market for dry natural gas properties in Western Canada.
En Bloc Marketing Process
8.41
In or around February 2013, the Financial Advisor also initiated a marketing process
soliciting interest for a corporate acquisition of Lone Pine Resources or an en bloc
purchase of all or substantially all of the Companies’ assets (the “En Bloc Marketing
Process”).
8.42
In consultation with the Companies, the Financial Advisor developed a list of potential en
bloc purchasers and contacted 21 parties over a two week period. None of the parties
contacted expressed any interest in a corporate acquisition of Lone Pine Resources or an
en bloc purchase for the Companies’ assets. The Financial Advisor has advised that it
received strong indications from the parties contacted that there was no interest in an en
bloc transaction for Lone Pine Resources’ assets. Some counterparties indicated that they
would only be interested in purchasing certain oil or gas assets, (i.e. not all of the
Companies’ assets), and that they would prefer to buy assets individually rather than
assume the Companies’ liabilities as part of an en bloc sales process.
8.43
On March 1, 2013, the Financial Advisor confirmed to the Company that there was no
corporate or en bloc acquisition interest amongst the contacted organizations and
accordingly, the En Bloc Marketing Process was terminated.
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9.
ESTIMATED VALUE OF NON-CORE ASSETS
Quebec Properties
9.1
Currently, there is no production from the Quebec Properties and, due to the moratorium
on shale gas activities and development imposed by the Government of Quebec, there is
no path to develop production from the Quebec Properties at the present time. The
Monitor is not aware of any near or medium term solution that would see any
development permitted.
9.2
No reserves are currently attributed to the Quebec Properties as the inventory of
exploration wells drilled has not proven to be economically viable.
9.3
The Financial Advisor has confirmed that they do not expect that any value would be
realized from marketing the Quebec Properties due to the current regulatory
environment, the moratorium of shale gas activities and development, and the potential
for environmental liabilities associated with cleanup of the Quebec Properties.
Accordingly, the Monitor expects that little or no value would be realized from a sale of
these properties, especially in a liquidation scenario. The Monitor believes that finding a
purchaser for the Quebec Properties at any significant price would be highly unlikely and
the Quebec Properties have only future exploration value. The Companies’ most likely
realization from these properties relates to the NAFTA claim which is discussed in the
NAFTA claim section of this report.
9.4
The Monitor notes that the current book value of the Quebec Properties is quite high at
approximately $35 million. This is because, historically, costs incurred with respect to
the Quebec Properties were capitalized as “unproven property and equipment” on the
Companies’ financial statements, in accordance with the full cost method of accounting
used by the Companies.
Liard Properties
9.5
The Liard Properties are located in a remote area of the Northwest Territories, and are a
prospective shale gas play in the Liard Basin. The Liard Basin is generally an undeveloped
and relatively unexplored region that straddles the Yukon Territory, the Northwest
Territories and the province of British Columbia. Various industry players, including
Lone Pine Resources, have publicly stated that the play has significant development
potential for dry natural gas. Lone Pine Resources believes that the shale gas play in the
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DECEMBER 10, 2013
Liard Basin has significant potential and that the prospective resource, while undefined,
is quite large. Competitors operating in the Liard Basin confirm Lone Pine Resources’
belief that the Liard Basin is a significant prospective shale gas resource.
9.6
However, due to the remote location and the geology of the Liard Properties, drilling and
capital costs are extremely high and estimated at between $15 million to $25 million per
horizontal well as compared to $5 million to $10 million at other locations in Alberta. To
date, the Companies’ development activities on the Liard Properties have been limited to
re-entering and recompleting an existing non-producing vertical test well in order to
increase the Companies’ understanding of the asset. Engineering estimates from the reentered test well were positive and confirmed the Companies’ expectation that the Liard
Properties may be a significant resource.
9.7
Lone Pine Resources advises the Monitor that LPRC’s development activity of its Liard
Properties has been limited due to the limited capital budget available to the Companies
and the continuing depressed price of natural gas. Based on the Companies’ engineering
estimates, it would not be economical to develop the Liard Properties with the current
market price of natural gas. Lone Pine Resources estimates that to break even on
developing the Liard Properties natural gas would have to be in the range of $5.50 per
Mcfe, which represents a premium of approximately 160% over the market price for
natural gas in Alberta (the AECO-C spot price) at the date of this report.
9.8
The Monitor has reviewed publically available information from competitors of Lone Pine
Resources operating in the Liard Basin. The Monitor notes that Lone Pine Resources’
competitors confirm that the prospective resources in the Liard Basin are currently not
economical to develop. Competitors have publically stated that North American natural
gas prices will limit immediate development of the Liard Basin and that significantly
higher natural gas prices are required to make the development of the Liard Basin
commercially viable. Competitors are at various stages of exploring the Liard Basin, but
the current market consensus is that projects in the Laird Basin are uneconomical given
the current low price of natural gas.
9.9
Certain competitors are taking part in liquefied natural gas (“LNG”) projects on the west
coast of British Columbia, which may enhance the economic viability of developing the
Liard Basin; however, these LNG projects are still a number of years away from being
developed. Furthermore, it is anticipated that many of these prospective LNG projects
will secure supply from the Montney and Horn River gas fields that are currently being
developed before the Liard Basin. Both the Montney and Horn River gas fields have
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DECEMBER 10, 2013
lower cost structures and are closer to the proposed West Coast LNG terminals, making
them more economical to develop.
9.10
Additionally, there is currently a concern with respect to LPRC’s land rights to the Liard
Properties. Lone Pine Resources has been aware for a number of years that the
Companies’ land rights would contractually expire in February 2013 if action was not
taken to extend those rights. Accordingly, LPRC had to take steps to extend those rights,
which it commenced in 2012. In May 2013, Lone Pine Resources disclosed that the
National Energy Board of Canada had granted Lone Pine Resources a commercial
discovery declaration for mineral and surface rights, which was the first necessary step
toward extending LPRC’s land rights. Subsequently, LPRC requested a 21 year lease
extension from Aboriginal Affairs and Northern Development Canada (“AANDC”). The
Companies require the sign off and approval of AANDC before continuing any further
development of the Liard Properties. Management is hopeful that they will receive a
positive decision with respect to the land rights in early 2014. In the event that the
AANDC application is denied, the Liard Properties could represent a liability to the
Company due to cleanup costs associated with test well drilling on the Liard Properties.
9.11
Assuming LPRC’s lease extension is granted by AANDC, the Companies would be in a
position to develop the Liard Properties, seek joint venture partners, or sell the asset.
However, due to the issues discussed above, the depressed market prices for natural gas,
and the high cost structure of wells, the Liard Properties are not economical to develop in
the current market without, among other things, a significant increase in natural gas
prices.
9.12
The Financial Advisor has confirmed to the Monitor that there are a very limited number
of potential investors looking for prospective shale gas assets either from an outright
purchase perspective or with respect to a joint-venture partnership. The Financial
Advisor indicated that the area around the Liard Properties has gained some investor
attention over the past year and that some competitors of Lone Pine Resources have large
positions in the area and have spoken encouragingly about their own assets.
9.13
The Financial Advisor confirmed that as part of the Sales Process, the Financial Advisor
reached out to at least two competitors with assets in the Liard Basin to market the Liard
Properties. Both competitors confirmed that they were not interested in purchasing the
Liard Properties.
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9.14
Due to the limited development in the Liard Basin, there are very few reasonable
comparable transactions to assist in valuing the Liard Properties. The Financial Advisor
has suggested that some transactions in the Horn River Basin may provide some
comparable transactions, however the Financial Advisor expects that any assets in the
Liard Basin would likely see a very significant discount to Horn River Basin
opportunities, as very little is known about the Liard Basin at this time as there is
minimal production history or demonstration of long term productivity and forecasted
development costs are very high. The Monitor also understands that there have been no
Liard Basin land sales in the past two years.
9.15
The Financial Advisor’s analysis of the Liard Properties indicates that property values per
acre may range between $0 per acre to $565 per acre based on other gas plays. This
would indicate that the Liard Properties may be worth between $0 million to $30 million
if a purchaser can be located. However, as noted previously, there are no recent direct
comparables for the Liard Basin and there have been no land sales which could also be
used as a basis for comparison. The Monitor has reviewed comparable sales in
surrounding gas plays and agrees with the assessment by the Financial Advisor. The
Monitor’s analysis of comparable transactions indicates that transactions in the Horn
River Basin have historically been in the range of $1,000 per acre, but these projects are
more economically developable as compared to the Liard Basin. Accordingly, the
Monitor would expect a potential purchaser to pay substantially less than $1,000 per acre
for properties in the Liard Basin.
Hutch Properties
9.16
In early 2012, the Companies spent approximately $7.5 million acquiring the Hutch
Properties, which consist of approximately 100,000 net acres. This asset has not yet been
drilled or developed and Lone Pine Resources has been actively seeking ‘farm-in’ partners
over the past year with no success. Given the fact that Lone Pine Resources has not spent
any money developing the Hutch Properties, the Monitor expects that the Companies
would receive a maximum value of approximately $7.5 million if Lone Pine Resources
attempted to sell these properties.
Other Miscellaneous Properties
9.17
Lone Pine Resources has informed the Monitor that there are certain other miscellaneous
properties, which include the Hayter Property which currently produces approximately
250 boe/d of heavy oil and certain other Non-Operated Properties collectively currently
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DECEMBER 10, 2013
producing approximately 833 boe/d of natural gas. These properties have not been
marketed since the IPO (as hereinafter defined) due a mix of poor economics and certain
legal issues associated with the Hayter Property.
10.
9.18
The Monitor’s analysis of comparable transactions indicates that the closest comparable
transaction for the Hayter Property is the recent acquisition of Black Shire Energy by
Twin Butte Energy in October 2013. The comparable transaction equates to an
approximate value of $50,000 per flowing boe. Applying this value to the Hayter
Property production would result in an approximate value of the Hayter Property of $12.5
million, assuming that an interested buyer could be found for the Hayter Property.
9.19
Applying the mid-point of the value range for the Narraway/Ojay Properties (which are
also gas producing properties) of $17,600 per flowing boe/d, would result in an
approximate value of the Non-Operating Properties of $14.7 million assuming that an
interested buyer could be found for the Non-Operating Properties.
9.20
The Monitor believes that the values calculated above for the Hayter Property and NonOperated Properties would represent the high end of values that may be realized in a
going-concern sale of these properties due to the abundance of similar properties for sale,
and limited market interest is gas assets for the Non-Operating Properties. Actual values
received in a liquidation scenario may be substantially less.
FOREST OIL SPIN-OFF RESTRICTIONS
10.1
The Monitor is aware of various restrictions (the “Spin-Off Restrictions”) imposed on
the Companies under and pursuant to the provisions of the tax sharing arrangement
between LPRI and Forest Oil Corporation (“Forest Oil”) in connection with the IPO (as
hereinafter defined) of LPRI that was completed on June 1, 2011 and subsequent Spin-Off
(as hereinafter defined) by way of stock dividend by Forest Oil to its shareholders of its
remaining shares of common stock of LPRI that was completed on September 30, 2011.
Certain stakeholders have raised a concern that the Spin-Off Restrictions may have
negatively impacted the Sales Process and questioned whether the provisions of the CCAA
would allow the Company to better market its assets without the Spin-Off Restrictions.
The Monitor’s views and analysis of the Spin-Off Restrictions in the context of the Sales
Process are detailed below.
10.2
The Relevant Spin-Off Restrictions can be summarized as follows:
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DECEMBER 10, 2013
10.2.1
The Spin-Off of Lone Pine Resources would have been taxable to Forest Oil if it
were treated as part of a “plan” under the US tax code. For the Spin-Off to be
treated as a plan, one or more persons would have to acquire 50% or more of the
stock of Lone Pine Resources within two years before or after the Spin-Off date.
10.2.2 The tax sharing agreement entered into between LPRI and Forest Oil in
connection with the IPO restricts certain actions that may be taken by Lone Pine
Resources in order to preserve the tax free nature of the Spin-Off.
10.2.3 An exception to the 50% acquisition rule exists such that if an acquisition of Lone
Pine Resources took place after the Spin-Off, the Spin-Off and the acquisition
would not be considered part of a plan unless Forest Oil has entered into an
agreement, understanding, or arrangement or had engaged in substantial
negotiations with the acquirer at some time during the two year period prior to
the Spin-Off date.
10.2.4 The tax sharing agreement also, among other things and with certain exceptions,
restricts Lone Pine Resources’ ability to divest of assets outside of the ordinary
course of business and to sell or issue common stock for a two year period after
the Spin-Off Date.
10.3
At the start of the Sales Process, Lone Pine Resources and Forest identified two potential
parties with whom Forest or Lone Pine Resources had negotiations during the two year
period prior to the Spin-Off. In the context of the Sales Process, the Spin-Off Restrictions
would potentially apply to Lone Pine Resources entering into certain transactions with
the two parties identified. Notwithstanding the fact that Lone Pine Resources believed
there was no evidence of substantial negotiations with these two parties, Lone Pine
Resources internally flagged these parties as requiring additional scrutiny in the event
that either party submitted an offer to acquire 50% of more of the stock of Lone Pine
Resources as part of the Sales Process.
10.4
During the Sales Process the Financial Advisor contacted and marketed one of the two
parties that may be subject to the Spin-Off Restrictions. The party did not have sufficient
interest to submit an offer or pursue a transaction of any type. As a result, no further
analysis was completed with respect to the effect the Spin-Off Restrictions may have had
on any transaction with this party.
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10.5
The second party that may be subject to the Spin-Off Restrictions was not contacted
during the Sales Process. The Monitor has reviewed the asset portfolio of the second
party and notes that the second party has no oil or gas portfolio in Canada and the assets
of Lone Pine Resources are of a different focus than other global oil and gas assets owned
by the second party.
10.6
The Monitor has discussed the Spin-Off Restrictions with the Financial Advisor to gain an
understanding of what impact, if any, these restrictions had on the Sales Processes for the
Companies’ assets. The Monitor met with the Financial Advisor on multiple occasions,
including an independent meeting and numerous calls with the Financial Advisor where
management of Lone Pine Resources was not present.
10.7
During the Monitor’s independent meeting and numerous calls with the Financial
Advisor, the Financial Advisor confirmed the following key points regarding the Spin-Off
Restrictions:
10.7.1
The Financial Advisor was not intimately aware of the details of the Spin-Off
Restrictions;
10.7.2 The Financial Advisor was not aware of the two parties that Lone Pine Resources
had internally identified as requiring additional scrutiny in the event that either
party submitted an offer;
10.7.3 The Spin-Off Restrictions did not affect the Financial Advisor’s mandate;
10.7.4 Details of the Spin-Off Restrictions were not included in any marketing materials
and were not discussed with any of the interested parties;
10.7.5 Not a single interested party raised a question about the existence of the Spin-Off
Restrictions or flagged the Spin-Off Restrictions as a reason not to engage in a
transaction with Lone Pine Resources;
10.7.6 Not a single interested party raised any concern related to Lone Pine Resources
ability to transact; and
10.7.7
10.8
The Financial Advisor is confident that the Spin-Off Restrictions had no impact
on the offers received or the Sales Process.
Additionally, the Monitor has reviewed the Sales Process documents, the marketing
materials, and the Financial Advisor’s engagement letters and confirmed that no
information regarding the Spin-Off Restrictions is contained within the respective
materials.
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10.9
11.
The Monitor’s investigation leads it to conclude that, to the best of its knowledge, the
Spin-Off Restrictions did not negatively impact the Sales Process. Lone Pine Resources’
internal analysis identified only two parties to which the Spin-Off Restrictions may have
applied and neither party submitted an offer to purchase the assets of Lone Pine
Resources during the Sales Process. The Monitor concludes that there does not appear to
be any benefit from re-marketing the assets without the Spin-Off Restrictions in place.
MONITORS VIEW ON THE SALES PROCESS
11.1
The Financial Advisor has advised the Monitor that the Sales Process was broad and farreaching with respect to parties contacted and the time frame during which the assets
were marketed.
11.2
The Financial Advisor broadly canvassed the market and included both strategic and
financial counterparties. The Financial Advisor advises that there are approximately 35
companies in Calgary with a sufficient market capitalization and strategic orientation to
consider a purchase of the Evi Properties, and fewer potential purchasers of the
Narraway/Ojay Properties. Accordingly, the Financial Advisor marketed the assets
locally, nationally and internationally to both strategic and financial purchasers, with
parties as diverse as private equity funds and state owned oil companies.
11.3
The Financial Advisor has advised the Monitor that the market has been fully canvassed
and that the Evi Marketing Process, the Narraway/Ojay Marketing Process and the En
Bloc Marketing Process resulted in the highest and best offers available to the Company
at that time for the Companies’ assets.
11.4
Additionally, the Financial Advisor has advised the Monitor that it is unlikely that an
extension to the En Bloc Marketing Process in the current market would result in an offer
being received that is materially better than the offers received from the Evi Marketing
Process and the Narraway/Ojay Marketing Process.
11.5
Based on the foregoing, it is the opinion of the Monitor that a full and complete sales
process was completed by the Financial Advisor prior to the CCAA proceedings, and that
it is highly improbable that another post-filing sales process would yield offers for the
Core Assets materially in excess of the values forming part of the various expressions of
interest detailed above. The Monitor’s conclusion in this regard is informed by, among
other things, the advice of the Financial Advisor, the nature of Lone Pine Resources’
assets, the market conditions that existed during the Sales Process and the CCAA process,
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DECEMBER 10, 2013
the Monitor’s understanding of the current depressed condition of the market, and the
underlying value of the core assets.
12.
11.6
The Monitor’s independent analysis of the market and comparable transactions indicates
the proposed values in the expressions of interest and letters of intent obtained by the
Financial Advisor as a result of the Sales Process represent fair value for the assets in
today’s market.
11.7
The Monitor notes that available data of publicly declared asset divestitures in the
Western Canadian Basin indicate that there is currently approximately 150,000 boe per
day of assets in the market, which the Monitor and Financial Advisor view as a
significantly greater than the average of the past few years. This excess supply of
producing assets on the market has also contributed to the depressed prices of both
producing and non-producing assets. In addition, the Monitor understands that many
large senior oil and gas players are looking for strategic partners or asset divestitures that
are not publicly disclosed, which would further depress the market.
BLOW-DOWN SCENARIO AND RESERVE ANALYSIS
12.1
As discussed in the first Granger Affidavit, due to capital constraints, the Companies do
not have access to the necessary liquidity that would enable completion of planned capital
programs. In the event that the Companies cannot implement the Plan and no additional
investment was received (meaning the Companies would not be able to conduct any
further drilling), and assuming the Syndicate did not enforce its security, Lone Pine
Resources would only be able to realize on Proved Developed Producing (“PDP”) reserves
values through operating and producing from its existing wells (a “Blow-down”). The
Monitor has performed a Blow-down analysis, based on the following reserve data, to
assess the realizable value of the Oil & Gas Properties under this scenario.
Reserves
12.2
The table below summarizes the Companies’ December 31, 2012 reserve values, as
calculated by the Companies’ independent reservoir engineers, DeGolyer &
MacNaughton, which are the basis of the book value of the Companies’ assets. Appendix
F provides more details on the book values of the Companies’ oil and gas properties and
the accounting methods employed by Lone Pine Resources. The table presents reserves
values in accordance with both the Canadian and SEC reserve reporting requirements:
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12.2.1
Canadian reserves reporting is in accordance with the reserves estimation
standards and definitions of Canadian National Instrument 51 – 101 (“NI 51 –
101”), Standards of Disclosure for Oil and Gas Activities, and pursuant thereto
the Canadian Oil and Gas Evaluation Handbook.
12.2.2 SEC reserve reporting is in accordance with the reserves estimation standards
and definitions of Rules 4-10(a) (1)-(32) of Regulation S-X of the SEC.
NPV @ 10%
December 31, 2012 Reserve Report
NI 51 - 101
SEC
Future Capital
Expenditures Required
NI 51 - 101
SEC
In CAD $000's
Proved Developed Producing (PDP)
Proved Developed Non-producing (PNP)
Proved Undeveloped (PUD)
Total Proved
Probable
Total Proved + Probable
422,344
6,227
154,512
583,083
258,700
1,550
113,348
373,598
8,200
4,800
370,900
383,900
8,100
1,900
380,000
390,000
483,510
1,066,593
373,598
691,500
1,075,400
390,000
The actual realized reserves value is dependent on:
1. Access to significant capital resources so that the required capital programs as
contemplated in the reserve report are completed;
2. Actual prices following a forward looking price curve (NI 51 – 101) or flat price (SEC);
and
3. Actual production rates unfolding as expected per the reserve report.
12.3
Under both NI 51 – 101 and SEC reserve reporting, in order for the Companies to realize
PDP value, approximately $8 million of future capital expenditures are required. As the
PDP reserves are already producing, the nature of the required capital expenditures is
less significant as compared to development capital. In order to realize the PUD value,
approximately $370 million to $380 million would have to be invested in capital
programs. These capital programs would be substantial and consist of drilling programs,
major work-overs and other significant investments.
Blow-down Analysis
12.4
The Monitor has completed an analysis of a Blow-down of the Companies’ currently
producing reserves (the “Blow-down Scenario”) assuming an October 1, 2013 start
date and production as forecast in the reserve reports through until 2027. The Blow33
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down Scenario assumes that no further capital can be invested, and existing wells are
allowed to run out their forecast production. The Blow-down Scenario analysis is
summarized below using both NI 51 – 101 and SEC reserves reporting requirements and
is detailed in appendix G.
Per Dec'12 Reserve Report - (000's)
Proved Developed Producing NPV @ 10%
Est. 2013 reserve value produced to Sept 30
Estimated PDP NPV as at Sep 30, 2013
NI 51 - 101
422,344
(59,100)
363,244
SEC
258,700
(47,400)
211,300
Estimated required G&A to operate (NPV @ 10%)
(97,729)
(97,729)
Blowdown Estimated Value (net of G&A)
265,515
113,571
(196,335)
(196,335)
69,180
(82,764)
Interest
Blowdown Estimated Value (net of G&A + Interest) available
for repayment of secured debt
Note: Over the estimated life of the reserves, the actual realized cash flows would be
subject to price and production curve risk.
12.5
The December 2012 reserve NPV figures have been adjusted for the estimated nine
months of production through September 30, 2013. The Monitor notes that the reserve
report does not account for the G&A costs required to run production for the estimated 15
year life of the reserves. Accordingly, an estimate of G&A costs is deducted from the
estimated remaining PDP value as at September 30, 2013.
12.6
Ignoring interest costs, in the Blow-down Scenario, the estimated net present value of
cash flows is estimated to be between $114 million to $265 million under the SEC and NI
51 51-101 assumptions respectively. A blow-down of the Company’s PDP reserves would
take approximately 15 years and the estimated net present value of the future cash flows
would not be sufficient repay the Company’s total liabilities of approximately $400
million.
12.7
The Monitor notes that in a Blow-down Scenario, debt service payments would still be
required as it is highly unlikely that the Syndicate would agree to defer interest during a
Blow-down Scenario. Assuming annual interest payments on the Company’s current debt
positions of approximately $27.5 million, the estimated net present value of cash flows
34
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
based on the NI 51 - 101 estimates, after accounting for interest, are $69 million. Under
SEC assumptions, cash flows turn negative by 2016.
12.8
13.
Estimated recoveries under the Blow-down Scenario are significantly less than the
Companies’ outstanding liabilities. Accounting for interest payments, recoveries under
the Blow-down Scenario would not fully replay the secured amounts owing under the
Facility. Accordingly, the Monitor concludes that a Blow-down Scenario is not a viable
recovery method for the Companies’ producing reserves.
LIQUIDATION ANALYSIS
13.1
As the Blow-down Scenario is not a viable alternative to the Plan, we set out below the
Monitor’s views on the recoveries available to these creditors under an orderly
liquidation, which is the only other alternative to the Plan.
13.2
The Monitor has prepared a liquidation analysis (the “Liquidation Analysis”) which
estimates the recoveries assuming an orderly liquidation of all of the assets of the
Companies, which is summarized below.
Liquidation Analysis As At January 10, 2014
$ 000's
Asset
Liquidation Value
High
Low Note
Core Assets
Evi Properties
Narraway/Ojay Properties
150,000
75,000
125,000
70,000
1
1
Non-Core Assets
Quebec Properties
Liard Properties
Hutch Properties
Hayter Property and Non-Operated Properties
Total Estimated Realizations
5,000
30,000
7,500
27,000
294,500
5,000
20,000
220,000
2
3
4
5
Estimated Costs of Realization
(10,000)
(15,000)
6
Liabilities
Estimated DIP Loan (net of cash balance) at Jan 10, 2014
(9,339)
(9,339)
Secured Amounts Owing to Syndicate
(188,362) (188,362)
Amount available for distribution to unsecured creditors
86,799
7,299
Unsecured Creditors
Surplus (Deficiency)
Recovery percentage for Affected Unsecured Creditors
35
(220,000) (220,000)
(133,201) (212,701)
39%
3%
7
8
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
Note: The Liquidation Analysis has been prepared on the basis of an orderly liquidation
of the Companies’ assets over a period of approximately six months. Asset values are
based on recent offers received for the Core Assets and estimates of value for the NonCore Assets based on comparable transactions (as described previously in this report).
The Liquidation Analysis assumes that the operating costs run are funded by accounts
receivable collections through the orderly liquidation and offset at a break-even level.
The Liquidation Analysis excludes any potential recoveries from potential contingent
litigation claims which are discussed later in this report.
Note 1: High and low realization value equal to the highest and second highest offers
received in the respective marketing processes for the Evi Properties and the
Narraway/Ojay Properties.
Note 2: Estimate of potential value of Quebec Properties.
Note 3: Estimate based on selling 53,000 acres at between $0 and $565 per acre.
Note 4: As no development has occurred on the Hutch Properties, the high estimate is
equal to the 2012 acquisition cost of the Hutch Properties. The low estimate assumes a
discount of approximately 33% to the 2012 acquisition cost.
Note 5: Estimate based on comparable per flowing barrel transactions pricing. Low
scenario assumes a 25% discount to high value.
Note 6: Costs of realization include estimates of operating and holding costs incurred
during the liquidation, as well as professional fees and sales commissions.
Note 7: Estimated $10 million draw on DIP Loan, net of closing cash balance, as at
January 10, 2014, per the November 23 Cash Flow Forecast filed with the Court.
Note 8: Estimated unsecured claims of $220 million are based on the anticipated
accepted claims. In the event of a liquidation, there would be additional claims of
employees, critical suppliers and joint venture partners and other trade creditors who
have continued to support the Companies during the CCAA proceedings.
13.3
The total estimated realizable value of Lone Pine Resources’ assets in the Liquidation
Analysis outlined above is between $220 million and $295 million in the low and high
scenario respectively. This amount is significantly less than the Companies’ secured and
unsecured liabilities of approximately $418 million. The Liquidation Analysis indicates
that a realization of between 3 cents on the dollar to 39 cents on the dollar may be
realized by unsecured creditors in an orderly liquidation.
13.4
It is important to note that the low scenario does not necessarily represent a ‘worst case’
scenario and there is the potential for additional downside to the Monitor’s Liquidation
Analysis. Furthermore, the Liquidation Analysis assumes that the Companies will be able
to sell all of their assets. In the event that the Companies are unable to sell all of their
36
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
assets, the Companies may be forced to expend what could be significant costs in
performing the abandonment and environmental cleanup of certain properties.
14.
13.5
The Monitor notes that at the time of writing this Sixth Report, the spot price of natural
gas has recently increased. The Monitor does not consider this increase to be an event
that would materially impact the value of the Core Assets, as potential purchasers of the
Narraway/Ojay Properties would not have priced their offers based on spot prices for
natural gas, but instead based their offers on a forward price curve of future prices for the
underlying commodity. Day-to-day and seasonal swings in natural gas prices are normal
and would be built into a forward price curve as well as being part of the expectation of
any potential purchaser of the Core Assets.
13.6
Additionally, the Monitor notes that the offers received in the Sales Process, which have
been used in the Liquidation Analysis, are non-binding proposals or verbal expressions of
interest. As a result, there is significant risk that Lone Pine Resources would not be able
to close on the offers, or that the purchase price may be reduced during further
negotiations with the counter-parties. The Monitor notes that the Companies’ production
levels have declined since the conclusion of the Sales Process, which would further
decrease values, and the Monitor is aware of a number of recent asset sales which have
attracted little or no interest due to the excess supply in the market. These factors may
result in a materially lower realization for the Core Assets than the values indicated in the
Liquidation Analysis.
13.7
Given the current market conditions and uncertainty associated with realizing upon the
Companies’ assets, and the factors discussed above, the Monitor would expect that a
liquidation of the Companies’ assets would likely result in a realization that would trend
toward the lower end of the Liquidation Analysis value recovery range.
MONITOR’S COMMENTARY ON THE PLAN
Affected Unsecured Creditors – Cash Pool Creditors
14.1
The Plan provides that Creditors with Affected Unsecured Claims of up to $10,000 will
receive their pro-rata share of the Cash Pool of $700,000. Additionally, it is expected
that certain Affected Unsecured Creditors holding Affected Unsecured Claims greater
than $10,000 may make a Cash Election to reduce their claim to the $10,000 Cash Pool
Cap, in which case they shall also receive their pro-rata share of the Cash Pool under the
Plan. The maximum distributable amount from the Cash Pool is $700,000.
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
14.2
Assuming trade creditors with Affected Unsecured Claims of less than $20,000 make a
Cash Election, the Monitor estimates that Cash Pool Creditors, which will represent
approximately 85% of trade creditors, will receive a far higher return from the Cash Pool
Creditor's Pro-Rata Share of the Cash Pool pursuant to the Plan than they would receive
in a liquidation. However, Affected Unsecured Creditors with balances greater than
$20,000 who make the Cash Election may recover less than they would receive in a
liquidation, if recoveries are at the higher end of the liquidation range.
14.3
The Monitor does not view this as an issue with respect to the fairness of the Plan, as
these Affected Unsecured Creditors are knowingly electing into the Cash Pool based on
their individual analysis of the Plan and their own liquidity preferences/requirements.
Affected Unsecured Creditors (other than Cash Pool Creditors)
14.4
In summary, as detailed in section 5 of this report, the Plan provides that each Affected
Unsecured Creditor (other than Cash Pool Creditors) with an Allowed Affected Unsecured
Claim will receive their pro-rata share of newly issued LPRC Class A Voting Common
Shares and LPRI Class A Voting Common Shares (the “New Shares”). In the Monitor’s
view, the key relevant matters of note with respect to the New Shares are:
14.4.1
While the final number of New Shares to be issued to Affected Unsecured
Creditors has not been determined, a sufficient number of New Shares will be
issued such that all Affected Unsecured Creditors will receive an appropriate
allocation based on their respective pro-rata allocation of the New Shares;
14.4.2 Due to the $100 million to $110 million of LPRC Preferred Shares being issued as
a part of the New Investment, it is expected that, on a fully diluted basis, the
LPRC Class A Voting Common Shares distributed to Affected Unsecured
Creditors will be diluted down to an effective interest of approximately 25% of the
equity of LPRC after Plan implementation;
14.4.3 Due to the Accretion Rate of 10% per year on the LPRC Preferred Shares, on a
fully diluted basis, the LPRC Class A Voting Common Shares distributed to
Affected Unsecured Creditors will be further diluted with the passage of time
until the LPRC Preferred Shares are redeemed or converted;
14.4.4 Under the Plan, Affected Unsecured Creditors who are Qualified Unsecured
Creditors and want to avoid being diluted, are being given an equal opportunity
38
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
to participate in their pro-rata share of the New Investment, as well as participate
as a Backstopper under the Plan to share in their pro-rata share of the
Backstopper Payment Amount of approximately $4 million;
14.4.5 As detailed in the Companies’ Information Circular, the New Shares will not be
publicly listed on a securities exchange and there is no guarantee that an active
trading market will develop for the New Shares. Accordingly, Affected Unsecured
Creditors receiving New Shares may not be able to resell their New Shares; and.
14.4.6 A valuation has not been performed on the pro-forma restructured Companies.
The value, if any, of the Companies post-CCAA emergence is unknown at this
time. The Company has advised the Monitor that it will provided Affected
Unsecured Creditors, upon their execution of a non-disclosure agreement, the
financial and capital plans of the recapitalized Companies with which they can
form their views on the Companies’ future prospects.
14.5
In assessing whether the New Share consideration to be distributed to Affected
Unsecured Creditors under the Plan is superior to the value that may be received in a
liquidation, the Monitor highlights the following:
14.5.1
With respect to the distribution of New Shares (and with the exception of the
Cash Pool Creditors who will not receive New Shares), Affected Unsecured
Creditors of the Companies are all treated equally, as the Plan distributes the
New Shares to all Affected Unsecured Creditors on a pro-rata basis;
14.5.2 The implied value of the New Shares, following the dilution resulting from the
New Investment, is approximately $33 million, on the basis that the participants
in the New Investment will receive 75% of the equity of the Companies for their
$100 million investment. With an implied value $33 million, the Affected
Unsecured Creditors will receive consideration in New Shares that is greater than
the low range of the liquidation values, which the Monitor assesses as a more
likely representation of liquidation value given the current market conditions;
14.5.3 Every Affected Unsecured Creditor that is a Qualifying Unsecured Creditor, is
being given an equal opportunity to participate in their pro-rata share of the New
Investment, as well as participate as a Backstopper under the Plan, which allows
any such electing Affected Unsecured Creditor to prevent itself from being diluted
by the New Investment and the Accretion Rate on the LPRC Preferred Shares;
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
14.5.4 The New Investment will allow the Companies to further develop the Core Assets,
which may further increase the value of the Companies. The Monitor can
confirm that the 2014 drilling program commenced in November 2013 in
anticipation of a successful CCAA restructuring and recapitalization; and
14.5.5
14.6
The restructured Companies may be able to generate additional capital to develop
non-core undeveloped assets such as the Liard Properties and the Hutch
Properties in the medium to longer term, which may further increase the longer
term value of the Companies.
The Initial Consenting Noteholders and other Affected Unsecured Creditors that are party
to the Support Agreement (the “Consenting Creditors”) represent approximately 70%
of the value of the Affected Unsecured Claims, are providing the majority of the New
Investment, and are backstopping the full New Investment amount. The Monitor
considers these Consenting Creditors to be a group of sophisticated investors that
consider the Plan, combined with the New Investment, will provide a return that is
superior to the return from an orderly liquidation.
Summary Distribution Table
14.7
The table below summarizes the proposed distributions under the Plan:
Estim ated claim s
Affected Unsecured
Creditors
Senior Notes: $213.7 million Pro-rata share of newly issued:
1) LPRC Class A Voting Common
Other Affected Unsecured
Shares;
Creditors: $6 million
2) LPRI Class A Voting Common
Shares; and
3) If a Backstopper, pro-Rata Share
of the approximately $4,000,000
Backstop Amount (4% of the New
Investment Amount)
100% of new LPRC and LPRI Class A
Voting Common Shares representing
approximately 25% of equity of
Companies on fully diluted basis
after New Investment.
Approximately $300K of Cash Pro-Rata share of Cash Pool
Pool Claimants with claims
less than $10K.
$700,000
Cash Pool Creditors
Proposed Plan Distribu tion
Value of Proposed Plan
Distribu tion
Class
Unknown number of Cash
Elections.
40
Implied value of approximately $33
million
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
Existing Shareholders
14.8
As noted above, the Plan proposes cancelling all of the existing shares of LPRI for no
consideration. Therefore, the Plan does not contemplate any recovery for existing
shareholders of LPRI. Furthermore the Plan proposes that only Affected Unsecured
Creditors are eligible to vote on the Plan and therefore Existing Shareholders will not vote
on the Plan or attend the Meetings.
Other Considerations
15.
14.9
The Plan meets the criteria outlined in Section 6 of the CCAA, namely in respect of the
treatment of certain priority payments.
14.10
The Plan is conditional upon the Sanction Order being granted. The Sanction Order is to
exclude the applicability of Section 36.1 of the CCAA and Sections 95 to 101 of the
Bankruptcy and Insolvency Act (the “BIA”) and any other provincial or federal law
relating to preferences, fraudulent conveyances, or transfers at undervalue to the Plan or
to any payments, distributions, transfers, allocations or transactions made or
contemplated in connection with the Recapitalization, whether before or after the Filing
Date, including, without limitation, to any and all of the payments, distributions,
transfers, allocations or transactions contemplated by and to be implemented pursuant to
the Plan. The Monitor is unaware of any reason why such a provision in the Sanction
Order would not be appropriate under the circumstances.
MONITOR’S CONCLUSION ON FAIRNESS AND REASONABLENESS
OF THE PLAN
15.1
The Monitor has developed its conclusion on the fairness and reasonableness of the Plan
taking into account the interests of numerous stakeholders having various interests in the
Companies and the Plan and the current economic realities, including the demands of the
Syndicate. The Monitor and its counsel have expended a significant amount of time and
effort in thoroughly analyzing the values of each Core Asset and Non-Core Asset of the
Companies, as well as certain other potential recoveries from potential contingent
litigation claims.
15.2
In summary, the Companies require new capital to fund their drilling programs and
restructure their balance sheet. The Plan has been developed after 15 months of extensive
work by management and its financial advisors to explore all strategic options.
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
15.3
The Plan represents a compromise in which Affected Unsecured Creditors will
recapitalize the Companies through the conversion of their claims to New Shares and
each Affected Unsecured Creditor is being given an equal opportunity to participate in
their pro-rata share of the New Investment.
15.4
In the Monitor’s view:
15.4.1
The Plan provides for payments to Cash Pool Creditors which will exceed the
payment that the Cash Pool Creditors would likely receive in a liquidation;
15.4.2 Pursuant to the Plan, all non-Cash Pool Affected Unsecured Creditors are being
treated equally:
15.4.2.1 The Plan provides that Affected Unsecured Creditors will each receive
their pro-rata interest in all of the assets of the Companies post Plan
implementation through their pro-rata ownership of the New Shares;
15.4.2.2 Every Affected Unsecured Creditor that is a Qualifying Unsecured
Creditor, is given an equal opportunity to participate in their pro-rata
share of the New Investment, as well as participate as a Backstopper
under the Plan; and
15.4.2.3 The New Shares will have an implied value of approximately $33 million
which is greater than the low range of the potential recoveries for
unsecured creditors under a liquidation. However, the Monitor
reiterates that fact that there is no certainty that Affected Unsecured
Creditors who receive these shares will be able to trade them unless a
liquidity event such as a public offering or a secondary market develops
in the future;
15.4.3 The implementation of the Plan is beneficial as it will result in the preservation of
the business as a going concern, thereby providing additional benefit to
employees, suppliers and joint venture partners; and
15.4.4 Based on the Liquidation Analysis and the Monitor’s analysis and conclusion
relative to the recoveries for the contingent litigation claims, the Existing
Shareholders have no economic interest in the Companies.
15.5
Accordingly, it is the Monitor’s view that the Plan is fair and reasonable including the fact
that the Plan provides no recovery for Equity Claimants.
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
16.
OTHER POTENTIAL RECOVERIES
16.1
The Monitor has performed an analysis of the potential recoveries that might arise as a
result of the prosecution of the NAFTA claim described below (the “NAFTA Claim”) in
addition to causes of action identified by certain shareholders that might be asserted by
LPRI as against Forest Oil relating to the IPO and spin-off of Lone Pine in 2011 (the
“Spin-Off Claims”). An overview of these claims is set out below.
16.2
As part of this analysis, the Monitor and its Canadian and US counsel have had access to
certain confidential internal Lone Pine Resources and Forest Oil documents as well as
Lone Pine Resources documents that are privileged. The Monitor is in the process of
preparing a Confidential Supplemental Report to the Sixth Monitor’s Report which will
provide a comprehensive and detailed analysis of the Monitor’s findings, analysis and
conclusion with respect to the NAFTA Claim and the Spin-Off Claims, which will be filed
at a later date with the Court under seal and only available to certain parties.
NAFTA Claim
16.3
LPRI, and its predecessors expended approximately $13 million to obtain permits and
approvals from the Government of Quebec to mine for oil and gas beneath the St.
Lawrence River. On May 12, 2011, the Government of Quebec introduced new legislation
that revoked one of the five permits pertaining to drilling for oil and gas resources
beneath the St. Lawrence River. The legislation was passed on June 10, 2011 and received
Royal Assent three days later
16.4
As a result of the Government of Quebec revoking the permit to develop certain
properties beneath the St. Lawrence River, LPRI launched a NAFTA Chapter 11
Arbitration Claim (the “Arbitration Claim”) against the Government of Canada on
behalf of LPRC. The Arbitration Claim relates to the Government of Quebec’s action,
which LPRI alleges violated Canada’s obligations under NAFTA Chapter 11 in relation to
the business of LPRI’s Canadian subsidiary LPRC. The Arbitration Claim seeks damages
in an amount to be proven in the arbitration proceedings. LPRI indicated in the
Arbitration Claim that its estimate of damages as at September 6, 2013 is in excess of
$250 million.
43
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
SPIN-OFF CLAIMS
16.5
On May 26, 2011, Forest Oil caused LPRI to commence an initial public offering whereby
LPRI offered and sold 15 million shares to the public at a price of US$13.00 per share,
and listed its common stock on the New York Stock Exchange and the Toronto Stock
Exchange (the “IPO”). The IPO closed on June 1, 2011. 15 million shares were sold and
net proceeds in the amount of approximately $178 million were received.
16.6
In order to facilitate the IPO, Forest Oil contributed, immediately prior to the IPO, all of
the shares it directly held in LPRC (as well as its interests in Wiser Oil and Wiser
Delaware, though which Forest Oil indirectly held all remaining shares of LPR Canada) to
LPRI in exchange for 69,999,999 shares of common stock of LPRI and cash consideration
of US$29 million. LPRI used the proceeds from the IPO, together with borrowings under
a third party credit facility, to repay intercompany obligations previously owing to Forest
Oil. As a result of the IPO transactions, Forest Oil owned more than 80% of the then
outstanding share capital of LPRI immediately after the IPO. Pursuant to a Separation
and Distribution Agreement dated May 25, 2011 between LPRI and Forest Oil the
framework was established relating to the subsequent stock dividend by Forest Oil to its
shareholders of its remaining 70,000,000 shares of common stock of LPRI (the “SpinOff”).
16.7
The Monitor through its US and Canadian Counsel has undertaken an extensive review of
potential causes of action that certain stakeholders have alleged may have arisen in
connection with the IPO and Spin-Off. The potential causes of action that the Monitor
has analyzed under Delaware law are as follows:
1.
Intentional fraudulent transfer against Forest Oil;
2. Constructive fraudulent transfer against Forest Oil;
3. Recharacterization against Forest Oil;
4. Breach of fiduciary duty against the directors and officers of LPRI;
5.
Breach of fiduciary duty against the directors and officers of Forest Oil;
6. Aiding and abetting a breach of fiduciary duty against Forest Oil;
7.
Breach of fiduciary duty as a promoter against Forest Oil;
8. Liability against the directors of each of LPRI and Forest Oil for unlawful
payment of dividends; and
9. Unjust enrichment against Forest Oil.
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
16.8
The Monitor has also considered potential avoidance actions that certain stakeholders
have alleged may be commenced under Canadian law (transfers at undervalue or
preferences) in respect of the Spinoff and in respect of any and all asset dispositions
consummated in the applicable periods prior to commencement of the CCAA proceedings
in addition to oppression claims against Forest Oil under the Business Corporations Act,
RSA 2000, c B-9 (the “ABCA”), having regard to the fact that Forest Oil was an affiliate
of both LPRI and LPRC prior to the Spin-Off.
Conclusion
16.9
As will be detailed in the Confidential Supplement, the Monitor’s US and Canadian
Counsel have provided an extensive analysis of the viability of the NAFTA Claim and
Spin-Off Claims together with their view of possible damages recoverable by LPRI. The
Monitor has considered such analysis and concluded that the quantum of the potential
recoveries to Lone Pine Resources in connection with the NAFTA Claim and the Spin-Off
Claims is not sufficient to alter its conclusion that the Plan is fair and reasonable
including, without limitation, the fact that the Plan provides no recovery for Equity
Claimants.
This report is respectfully submitted this 10 th day of December, 2013.
PricewaterhouseCoopers Inc.
Court Appointed Monitor of
Lone Pine Resources Inc. et al
Paul Darby
Senior Vice President
Jamie Cartwright
Vice President
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LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX A
SEC definition of Accredited Investor
46
Accredited Investors
Page 1 of 2
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Accredited Investors
Under the Securities Act of 1933, a company that offers or sells its
securities must register the securities with the SEC or find an exemption
from the registration requirements. The Act provides companies with a
number of exemptions. For some of the exemptions, such as rules 505 and
506 of Regulation D, a company may sell its securities to what are known
as "accredited investors."
The federal securities laws define the term accredited investor in Rule 501
of Regulation D as:
1. a bank, insurance company, registered investment company,
business development company, or small business investment
company;
2. an employee benefit plan, within the meaning of the Employee
Retirement Income Security Act, if a bank, insurance company, or
registered investment adviser makes the investment decisions, or if
the plan has total assets in excess of $5 million;
3. a charitable organization, corporation, or partnership with assets
exceeding $5 million;
4. a director, executive officer, or general partner of the company selling
the securities;
5. a business in which all the equity owners are accredited investors;
6. a natural person who has individual net worth, or joint net worth with
the person’s spouse, that exceeds $1 million at the time of the
purchase, excluding the value of the primary residence of such
person;
7. a natural person with income exceeding $200,000 in each of the two
most recent years or joint income with a spouse exceeding $300,000
for those years and a reasonable expectation of the same income
level in the current year; or
8. a trust with assets in excess of $5 million, not formed to acquire the
securities offered, whose purchases a sophisticated person makes.
For more information about the SEC’s registration requirements and
common exemptions, read our brochure, Q&A: Small Business & the SEC.
http://www.sec.gov/answers/accred.htm
http://www.sec.gov/answers/accred.htm
12/5/2013
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX B
Evi Properties Teaser
47
September 2012
Slave Point Light Oil Opportunity
Strictly Private and Confidential
Lone Pine has been the leading developer of the
Slave Point since drilling its first multi-frac horizontal
well into the play in 2005
Lone Pine is a ~$580(5) million enterprise value,
independent exploration, production and development
company with a 10 year track record of successful
growth in Canada; the Company trades on both the
Toronto (TSX) and New York (NYSE) stock
exchanges
Company Overview
Company lands are largely 100% working interest and
95% operated allowing for controlled pace of development
and capital investment
Company controlled pace of development:
locations providing attractive on stream costs of
~$20,000(4) per flowing barrel and rates of return of ~
50(4)% before tax, on a per well basis
Development economics: Low capital development
locations at Dec. 31, 2011 and 300+(3) other identified
drilling locations (both infill and step-out) supported by
geological mapping from over 2,500 Slave Point
penetrations in the region
Significant drilling inventory: 237 P+P net drilling
infrastructure with Q2 net production of 3,689 bbl/d
(39°API) light sweet oil from 94(2) horizontal and 53(2)
vertical gross locations
Established high netback production: Developed
ongoing Evi Slave Point development, with estimated
OOIP of 635 to 1,270(1) MMbbls on Company lands
Light oil resource play: 81,535 net acres in the core of
Opportunity Highlights
(3) Other identified drilling locations as based on geological mapping and internal estimates of hydrocarbon resource potential
(4) RBC illustrative Evi area 105 Mbbl EUR short horizontal Slave Point well and flat US$100/bbl WTI
(5) As at Sept. 21, 2012
1 (1) Estimated Original Oil In Place based on 127 net sections and resource of 5-10 MMbls/section per industry estimates / (2) As at August 2012
Lone Pine Resources Inc. (“Lone Pine” or the “Company”) has
retained RBC Capital Markets (“RBC”) as its exclusive agent to
coordinate a process to solicit and evaluate proposals to accelerate
value realization from its interest in the Slave Point light oil resource
play located in the greater Evi area of Alberta, Canada. Transaction
alternatives may include a joint venture, farm-in, or other
arrangement
Slave Point Light Oil Opportunity
2 (1) Source: Geoscout as at Sept. 2012
(2) As per industry estimates
Regional Depositional Environment
Shallow depths (1,200 to 1,500 m) resulting in attractive drilling
and completion costs
Industry estimated primary recovery factor of 15 to 20%, with
potential to increase recovery up to 30% via future water
flooding
Thick tight carbonate resource yielding on average 5-10(2)
MMbbl of OOIP on a per section basis, supporting downspacing
opportunities
NI 51-101 P+P reserves of 35.8 MMbls at Dec. 31, 2011
Resource potential well defined with over 2,500 well
penetrations (from historical deeper conventional development)
Light sweet crude oil (39° API) from regionally extensive
carbonate platform, delivering high productivity wells
Proven Reservoir Performance and Predictable
Geology
Companies now focused on low risk infill and step out drilling
with more than 380(1) wells licensed into the play
Area players such as Penn West, Harvest, Pinecrest and others
continue to actively develop the play, committing large capital
budgets for 2012
Lone Pine acreage acquired early and situated in the heart of the
resource fairway, surrounded by industry development
Area Activity
Source: Lone Pine, Geoscout, RBC Rundle
Regional Development Activity
Proven Resource Play, Highly Competitive Landscape
Historical Slave Point Development Activity
~ 70% CAGR
from May 2007 to
May 2012
Illustrative Evi Area Short Horizontal Type Curve(3)
Waterflood has potential to significantly increase recovery factor and
realize unbooked future upside
Lone Pine and industry are evaluating waterflood potential based on
successful area analogues (Loon waterflood in operation since
1992)
Future Upside – Infill Drilling and Waterflood
237 NI 51-101 P+P net drilling locations at Dec. 31, 2011 and
300+ other identified drilling locations
Maximize capital efficiency by evaluating per section potential
and highgrading downspacing opportunities
Systematically pursuing low risk infill and step out locations
137 gross / 127 net Slave Point sections, 95% operated lands
Lone Pine is a top tier, experienced operator with 94(2) horizontal
wells completed in the Slave Point Formation since 2005
Industry Leading Results; Identified Development Plan
3 (1) Lone Pine Evi, Red Earth and Loon Slave Point historical working interest production as per Geoscout up to June 30th, 2012
(2) As at August 2012
(3) RBC illustrative Evi area 105 Mbbl EUR short horizontal Slave Point well
Current vs. Regulatory Approved Drilling Density
Monthly Oil Production, bbl/day
Lone Pine Slave Point Production Growth(1)
Experienced Operator, Significant Upside Inventory
Slave Point Development Upside
Oil Rate (bbl/d)
4
Management Presentations: Lone Pine
representatives will provide technical presentations in
Calgary to interested parties who have executed a
Confidentiality Agreement
Inquiries: All inquiries and requests shall be submitted
or directed to the RBC individuals listed as contacts.
Lone Pine, its subsidiaries and affiliates should not be
contacted directly
Submission of Proposals: Detailed instructions for
submitting a Proposal will be distributed in advance of
the deadline to those that execute a Confidentiality
Agreement
Confidential Information: Will be made available to
participants via a virtual data room upon signing a
Confidentiality Agreement
Confidentiality Agreement: Please contact the RBC
contacts listed to receive a Confidentiality Agreement
Process Overview
Next Steps and Key Contacts
Jeff Meunier – Primary Contact
Director
403-299-8461
[email protected]
Jennifer Nugent
Vice President
416-842-7707
[email protected]
Greg Heath – Primary Contact
Managing Director
403-299-6940
[email protected]
Michael Povaschuk
Associate
403-216-4851
[email protected]
Corey Fraiberg
Managing Director
416-842-5492
[email protected]
5
This Memorandum contains forward-looking statements and information within the meaning of applicable United States and Canadian securities legislation,
including Section 27A of the United States Securities Act of 1933 and Section 21E of the United States Securities Exchange Act of 1934 ("forward-looking
statements") with respect to Lone Pine and the Assets. This information is being provided solely in connection with a potential transaction involving any or
all of the Assets, and not for any other purpose, including the purchase of any securities of Lone Pine. Any forward-looking statements or information
regarding the Assets are provided subject to the disclaimers and obligations of confidentiality outlined above. The forward-looking statements in this
Memorandum is based on management's current beliefs, expectations and assumptions, based on currently available information as to the outcome and
timing of future events. Lone Pine cautions that its future oil, natural gas and natural gas liquids production, revenues, cash flows, liquidity, plans for future
operations, expenses, outlook for oil and natural gas prices, timing and amount of future capital expenditures, and other forward-looking statements are
subject to all of the risks and uncertainties normally incident to the exploration for and development and production and sale of oil and gas.
Advisory on Forward-Looking Information
For convenience, references in this document to "Lone Pine", the "Company", "we", "us" and "our" may, where applicable, refer to and include any relevant
direct and indirect subsidiary corporations of Lone Pine Resources Inc., and the assets, activities and initiatives of such subsidiaries.
This Memorandum is for informational purposes only and is not intended to be an offer that is capable of acceptance or create any binding obligation on
Lone Pine or RBC Capital Markets, contractual or otherwise, to enter into any transaction with anyone receiving this Memorandum. Lone Pine and RBC
Capital Markets also reserve their right at any time to and without prior notice and without assigning any reason therefore, (i) to terminate the further
participation by a recipient or any other person or entity in the transaction process, (ii) to modify any of the rules or procedures relating to such process, (iii)
to terminate entirely such process and (iv) to amend or supplement the information provided herein. No representation or warranty (whether express or
implied) has been made by Lone Pine, RBC Capital Markets or any of their subsidiaries, affiliates or Representatives with respect to the transaction process
or the manner in which the transaction process is conducted and any party receiving this Memorandum disclaims any such representation or warranty. Lone
Pine, RBC Capital Markets and any of their subsidiaries, affiliates or Representatives are under no obligation to negotiate with or accept any offer or
proposal by any person or entity regarding a transaction.
None of Lone Pine Resources Inc. (“Lone Pine” or the “Company”), RBC Capital Markets or any of their respective subsidiaries or affiliates or any of their
respective officers, directors, shareholders, employees, consultants, advisors, agents or representatives (collectively, "Representatives") make any
representation or warranty, express or implied, in connection with any of the information made available pursuant to the transaction process described in
this Memorandum, including, but not limited to the assets described herein (the “Assets”), or the past, present or future value of the anticipated production,
reserve or resource potential, cash flows, income, costs, expenses, liabilities and profits, if any, to be derived from the Assets. Accordingly, any interested
party receiving such information will rely solely upon its own independent examination and assessment of any such information in making a decision on
whether and how to submit a proposal in respect of any or all of the Assets. Only such representations or warranties that are contained in a definitive
agreement with respect to a transaction, if, as and when executed by the parties thereto, and subject to such conditions or limitations or restrictions as may
therein be specified, shall have any legal effect. None of Lone Pine, RBC Capital Markets or any of their subsidiaries, affiliates or Representatives shall
have any liability to any party receiving information pursuant to the transaction process described herein, nor to any affiliate, partner, member, officer,
director, shareholder, employee, consultant, advisor, agent or representative of such party from the use of any such information in assessing whether and
how to submit a bid in respect of any or all of the Assets.
Cautionary Statements
6
In this Memorandum, Lone Pine also uses internal estimates of quantities of oil and gas using certain terms, such as “resource potential,” “original oil in
place,” “EUR” or other descriptions of volumes of resources potentially recoverable through additional exploratory drilling or recovery techniques, which
terms include quantities of oil and gas that may not meet either the SEC’s or NI 51-101 definitions of definitions of proved, probable and possible reserves,
and which applicable SEC guidelines and NI 51-101 strictly prohibit Lone Pine from including in periodic filings. These estimates are by their nature more
speculative than proved reserves determined under applicable SEC guidelines or NI 51-101, have not been risked by Lone Pine, and accordingly are
subject to substantially greater risk of being recovered by Lone Pine. Lone Pine also describes internal estimates of identified drilling locations, which are
not, and should not be taken to represent, proved undeveloped drilling locations.
The estimates of our reserves disclosed in this Memorandum have been prepared in accordance with National Instrument 51-101 – Standards of Disclosure
for Oil and Gas Activities (NI 51-101) of the Canadian Securities Administrators and are based on a report from DeGolyer and MacNaughton, an
independent petroleum engineering firm, evaluating our reserves as of December 31, 2011. The standards of NI 51-101 differ from the standards of the
SEC, and therefore, the reserves disclosure contained in this Memorandum will differ from the information contained in the most of the periodic reports Lone
Pine files with the SEC and on SEDAR. Additional information regarding Lone Pine's reserves estimates and other oil and gas information prepared in
accordance with NI 51-101 is contained in Lone Pine’s Statement of Reserves Data and Other Oil and Gas Information (Form 51-101F1) filed on SEDAR on
March 22, 2012. Other oil and gas information for Lone Pine, including acreage position and estimates of drilling locations, were prepared by Lone Pine’s
internal staff of engineers in accordance with the requirements of NI 51-101.
Reserves
Cautionary Statements
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX C
Summary of 2013 Oil Transactions
48
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX D
Narraway/Ojay Properties Teaser
49
October 2012
Narraway / Ojay Natural Gas Resource Opportunity
Strictly Private and Confidential
1
Total Proved plus Probable reserves as per DeGolyer and MacNaughton December 31st, 2011 NI 51-101 Reserves Report
Based on geological mapping, RBC estimates of hydrocarbon resource potential at four wells per section and 90% development efficiency
As at October 23, 2012
(2)
(3)
Lone Pine has been a leading operator in the
Narraway / Ojay Deep Basin area since entering the
play in 1999
Lone Pine is a ~$556(3) million enterprise value,
independent exploration, production and development
company with a 10 year track record of successful
growth in Canada; the Company trades on both the
Toronto (TSX) and New York (NYSE) stock exchanges
Company Overview
Infrastructure Options and Accessibility: The
Company’s property has established infrastructure and
gathering systems with delivery options to major midstream operators (TCPL, Alliance, Spectra) and potential
to feed West Coast LNG projects
Company Controlled Pace of Development: Company
lands are 69% operated allowing for controlled pace of
development and capital investment
Significant Drilling Inventory: Potential to drill in excess
of 850 gross vertical locations(2) in the stacked
Cretaceous/Jurassic Deep Basin area. Locations (both
infill and step-out) are supported by 2-D and 3-D seismic
over the majority of Company lands
Established Production Base: Working interest
production of 34.3 MMcf/d of natural gas from 72 wells in
August, 2012
Meaningful Resource Base in Proven Play:
Approximately 118,000 net acres (68% WI) with 323 Bcf
of Total Proved plus Probable reserves(1) plus additional
recoverable resource potential of 3 Tcf(2) net sales gas
within Company lands in the stacked Cretaceous/Jurassic
Deep Basin play
Opportunity Highlights
(1)
Lone Pine Resources Inc. (“Lone Pine” or the “Company”) has
retained RBC Capital Markets (“RBC”) as its exclusive agent to coordinate a disposition, joint venture, or other arrangement for interest
in the Company’s position in the Narraway/Ojay natural gas assets
located in the Deep Basin resource play of Northeast British
Columbia and Northwest Alberta
Narraway/Ojay Natural Gas Resource Opportunity
2
~720 km2 of 3-D seismic data
~1,500 km of 2-D seismic data
Extensive 2-D and 3-D seismic coverage which is
critical for well planning and execution
Basin centered gas play with 100% drilling
success
14 stacked mappable Cretaceous and
Jurassic marine and fluvial sand targets
across seven formations
Play has progressed over time from a structural
Triassic play to a Deep Basin stacked
Cretaceous/Jurassic sweet gas resource play
Low Risk Tight Gas Resource Play with
Proven Track Record
Additional 2,500 net undeveloped acres (20% WI)
in Bullmoose area northwest of Narraway/Ojay
with primary term expiry in October, 2017
One well in 2013, four wells in 2014 and one
well in 2015 required to continue all lands in
Narraway/Ojay to 2019
Strong land tenure exists with minimal capital
spend required to continue lands
Majority of lands are controlled and operated by
Lone Pine (69% operated)
Additional 10,100 acres of royalty interest lands
(2% - 10% GORR)
Approximately 115,500 contiguous net acres (72%
WI) in Narraway/Ojay of which 90,000 acres are
undeveloped
Consolidated Land Position
Source: Lone Pine, Accumap, RBC Rundle
Area Development Activity
Proven Stacked Cretaceous/Jurassic Play, Basin Centered Sweet Gas Deposit
Narraway/Ojay Deep Basin Position
3
Sales Gas Production (MMcf/d)_
Regional Infrastructure
(3) Illustrative development profile may not reflect Company’s internal development plans
(2) Based on geological mapping, RBC estimates of hydrocarbon resource potential at four wells per section and 90% development efficiency
(1) Total Proved plus Probable reserves as per DeGolyer and MacNaughton December 31st, 2011 NI 51-101 Reserves Report
Illustrative Narraway / Ojay Development Profile(3)
Additional upside potential through zone specific horizontal
development and extensive recompletion opportunities
Resource potential well defined with over 850 gross
potential development locations(2) at four wells per section
Large resource base allows for long term development
programs (2P Reserves of 323 Bcf(1) and additional
recoverable resource potential of ~3 Tcf(2))
Significant Development and Resource Potential
Company controls NEB regulated cross border pipeline
Access to Alberta and British Columbia markets provides
marketing options and opportunity to supply West Coast
LNG projects
Uniquely situated with multiple delivery options to access
TCPL, Alliance and Spectra systems
Existing gathering systems allow for short rig release to tiein cycle times (65 days for 100/15-26-063-13W6)
Infrastructure Considerations
Strategically Situated, Large Resource Base
Narraway/Ojay Resource Potential and Infrastructure Setting
Cumulative Wells Drilled (#)
4
Management Presentations: Lone Pine
representatives will provide technical presentations in
Calgary to interested parties who have executed a
Confidentiality Agreement
Inquiries: All inquiries and requests shall be submitted
or directed to the RBC individuals listed as contacts.
Lone Pine, its subsidiaries and affiliates should not be
contacted directly
Submission of Proposals: Proposals must be
submitted by Wednesday, December 12th, 2012 at 12:00
noon, MST. Detailed instructions for submitting a
Proposal will be distributed in advance of the deadline to
those that execute a Confidentiality Agreement
Confidential Information: Will be made available to
participants via a virtual data room upon signing a
Confidentiality Agreement
Confidentiality Agreement: Please contact the RBC
contacts listed to receive a Confidentiality Agreement
Process Overview
Next Steps and Key Contacts
Scott Nieboer
Associate
403-299-7365
[email protected]
Jeff Meunier – Primary Contact
Director
403-299-8461
[email protected]
Jennifer Nugent
Vice President
416-842-7707
[email protected]
Greg Heath – Primary Contact
Managing Director
403-299-6940
[email protected]
Warren Orban
Vice President
403-299-8456
[email protected]
Corey Fraiberg
Managing Director
416-842-5492
[email protected]
5
This Memorandum contains forward-looking statements and information within the meaning of applicable United States and Canadian securities legislation,
including Section 27A of the United States Securities Act of 1933 and Section 21E of the United States Securities Exchange Act of 1934 ("forward-looking
statements") with respect to Lone Pine and the Assets. This information is being provided solely in connection with a potential transaction involving any or
all of the Assets, and not for any other purpose, including the purchase of any securities of Lone Pine. Any forward-looking statements or information
regarding the Assets are provided subject to the disclaimers and obligations of confidentiality outlined above. The forward-looking statements in this
Memorandum is based on management's current beliefs, expectations and assumptions, based on currently available information as to the outcome and
timing of future events. Lone Pine cautions that its future oil, natural gas and natural gas liquids production, revenues, cash flows, liquidity, plans for future
operations, expenses, outlook for oil and natural gas prices, timing and amount of future capital expenditures, and other forward-looking statements are
subject to all of the risks and uncertainties normally incident to the exploration for and development and production and sale of oil and gas.
Advisory on Forward-Looking Information
For convenience, references in this document to "Lone Pine", the "Company", "we", "us" and "our" may, where applicable, refer to and include any relevant
direct and indirect subsidiary corporations of Lone Pine Resources Inc., and the assets, activities and initiatives of such subsidiaries.
This Memorandum is for informational purposes only and is not intended to be an offer that is capable of acceptance or create any binding obligation on
Lone Pine or RBC Capital Markets, contractual or otherwise, to enter into any transaction with anyone receiving this Memorandum. Lone Pine and RBC
Capital Markets also reserve their right at any time to and without prior notice and without assigning any reason therefore, (i) to terminate the further
participation by a recipient or any other person or entity in the transaction process, (ii) to modify any of the rules or procedures relating to such process, (iii)
to terminate entirely such process and (iv) to amend or supplement the information provided herein. No representation or warranty (whether express or
implied) has been made by Lone Pine, RBC Capital Markets or any of their subsidiaries, affiliates or Representatives with respect to the transaction process
or the manner in which the transaction process is conducted and any party receiving this Memorandum disclaims any such representation or warranty. Lone
Pine, RBC Capital Markets and any of their subsidiaries, affiliates or Representatives are under no obligation to negotiate with or accept any offer or
proposal by any person or entity regarding a transaction.
None of Lone Pine Resources Inc. (“Lone Pine” or the “Company”), RBC Capital Markets or any of their respective subsidiaries or affiliates or any of their
respective officers, directors, shareholders, employees, consultants, advisors, agents or representatives (collectively, "Representatives") make any
representation or warranty, express or implied, in connection with any of the information made available pursuant to the transaction process described in
this Memorandum, including, but not limited to the assets described herein (the “Assets”), or the past, present or future value of the anticipated production,
reserve or resource potential, cash flows, income, costs, expenses, liabilities and profits, if any, to be derived from the Assets. Accordingly, any interested
party receiving such information will rely solely upon its own independent examination and assessment of any such information in making a decision on
whether and how to submit a proposal in respect of any or all of the Assets. Only such representations or warranties that are contained in a definitive
agreement with respect to a transaction, if, as and when executed by the parties thereto, and subject to such conditions or limitations or restrictions as may
therein be specified, shall have any legal effect. None of Lone Pine, RBC Capital Markets or any of their subsidiaries, affiliates or Representatives shall
have any liability to any party receiving information pursuant to the transaction process described herein, nor to any affiliate, partner, member, officer,
director, shareholder, employee, consultant, advisor, agent or representative of such party from the use of any such information in assessing whether and
how to submit a bid in respect of any or all of the Assets.
Cautionary Statements
6
In this Memorandum, Lone Pine also uses internal estimates of quantities of oil and gas using certain terms, such as “resource potential,” “original oil in
place,” “EUR” or other descriptions of volumes of resources potentially recoverable through additional exploratory drilling or recovery techniques, which
terms include quantities of oil and gas that may not meet either the SEC’s or NI 51-101 definitions of definitions of proved, probable and possible reserves,
and which applicable SEC guidelines and NI 51-101 strictly prohibit Lone Pine from including in periodic filings. These estimates are by their nature more
speculative than proved reserves determined under applicable SEC guidelines or NI 51-101, have not been risked by Lone Pine, and accordingly are
subject to substantially greater risk of being recovered by Lone Pine. Lone Pine also describes internal estimates of identified drilling locations, which are
not, and should not be taken to represent, proved undeveloped drilling locations.
The estimates of our reserves disclosed in this Memorandum have been prepared in accordance with National Instrument 51-101 – Standards of Disclosure
for Oil and Gas Activities (NI 51-101) of the Canadian Securities Administrators and are based on a report from DeGolyer and MacNaughton, an
independent petroleum engineering firm, evaluating our reserves as of December 31, 2011. The standards of NI 51-101 differ from the standards of the
SEC, and therefore, the reserves disclosure contained in this Memorandum will differ from the information contained in the most of the periodic reports Lone
Pine files with the SEC and on SEDAR. Additional information regarding Lone Pine's reserves estimates and other oil and gas information prepared in
accordance with NI 51-101 is contained in Lone Pine’s Statement of Reserves Data and Other Oil and Gas Information (Form 51-101F1) filed on SEDAR on
March 22, 2012. Other oil and gas information for Lone Pine, including acreage position and estimates of drilling locations, were prepared by Lone Pine’s
internal staff of engineers in accordance with the requirements of NI 51-101.
Reserves
Cautionary Statements
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX E
Summary of 2013 Gas Transactions
50
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX F
Analysis of Lone Pine Resources book values
and accounting methods
51
1.
PROPERTY AND EQUIPMENT BOOK VALUE SUMMARY
1.1
below.
Annual and Quarterly Financial Statements
Note
Sep 30, 2013
Dec 31, 2012
In USD $000's
Proved
Unproved
Net oil and gas properties
1
2
344,579
146,872
491,451
376,203
148,956
525,159
Other property and equipment
3
62,523
65,096
553,974
590,255
Net property and equipment
Note 1: Proved reserves booked value is allocated according to SEC reserve reporting
requirements
Note 2: Unproved reserves book value is based on costs incurred relating to unproved
reserve assets.
Note 3: Other property and equipment consists of mid-stream assets ie: pipelines and
other gas gathering equipment. This equipment is recorded at cost and amortized over
the life of the asset.
2.
ACCOUNTING METHODOLOGY
2.1
The Company uses the full cost method of accounting for oil and natural gas activities.
The Company capitalizes all costs incurred in the acquisition, exploration and
development of properties, and the fair value of restoration, dismantlement and
abandonment activities.
2.2
Under the full cost method, the Company performs a ceiling test calculation each quarter
using prices that are based on the average of the first day of the month prices during the
12 month period prior to the reporting. The full cost ceiling test is a limitation on
capitalized costs prescribed by SEC Regulation S-X Rule 4-10. If the net capitalized costs
for a cost center exceed the sum of the SEC-prescribed calculated components, a ceiling
test write-down is recognize to the extent of the excess capitalized costs.
SEC Reporting of Oil and Gas Assets
2.3
2.4
SEC reserve reporting is in accordance with the reserves and definitions of Rules 4-10(a)
(1)-(32) of Regulation S-X of the SEC. The main reserve evaluation assumptions are:
2.3.1
Requires the allocation of value to proved oil and gas reserves only (disclosure of
probable reserves optional);
2.3.2
Proved oil and gas reserves as quantities of oil and gas, which, by analysis of
geoscience and engineering data, can be estimated with reasonable certainty to
be economically producible from a given date forward, from known reservoirs,
and under existing economic conditions, operating methods and government
regulations; and
2.3.3
The reserve evaluation uses flat pricing for the duration of the life of the reserves
flat prices for oil, natural gas and NGLs are based on the historical 12-month
average.
Proved Reserves are further defined into separate categories:
2.4.1
2.4.1.1
Producing (PDP)
2.4.1.2
Non-producing (PNP)
2.4.2
2.5
Proved Developed
Proved Undeveloped (PUD)
Proved Developed Reserves consist of those reserves that are producing or non-producing
and can be expected to be recovered:
2.5.1
Through existing wells with existing equipment and operating methods or in
which the cost of the required equipment is relatively minor compared to the cost
of a new well; and
2.5.2
Through installed extraction equipment and infrastructure operational at the
time of the reserves estimate if the extraction is by means not involving a well.
2.6
Proved Undeveloped Reserves are expected to be recovered from new wells on undrilled
acreage, or from existing wells where a relatively major expenditure is required for
recompletion.
2.7
Under the SEC regulations, Companies can capitalize certain costs incurred in relation to
unproved reserves. These costs consist of acquisition, exploration, development and
capitalized interest costs.
NI 51-101 Reporting of Oil and Gas Assets
2.8
2.9
Canadian reserve reporting is in accordance with the reserves and definitions of Canadian
National Instrument 51-101, Standards of Disclosure for Oil and Gas Activities, and as
presented in the Canadian Oil and Gas Evaluation Handbook. The main reserve
evaluation assumptions are:
2.8.1
Allocates value to proved and probable oil and gas reserves;
2.8.2
Proved reserves as quantities of oil and gas that can be estimated with a high
degree of certainty to be recoverable. It is likely that the actual remaining
quantities recovered will exceed the estimated proved reserves;
2.8.3
Probable reserves as those additional reserves that are less certain to be
recovered than proved reserves. It is equally likely that the actual remaining
quantities will be greater or less than the sum of the estimated proved + probable
reserves.
2.8.4
To determine the net present value of the reserves, the evaluation uses an
escalating price curve.
Developed reserves are divided into further categories:
2.9.1
Developed producing (PDP) reserves are those reserves that are expected to be
recovered from completion intervals open at the time of the estimate. These
reserves may currently be producing or if shut in, they must have previously been
on production.
2.9.2
Developed non-producing (PNP) reserves are those reserves that either have not
been on production, or have been on production but are shut in and the date of
resumption of production is unknown.
2.9.3
Undeveloped reserves (PUD) are those reserves expected to be recovered from
known accumulations where a significant expenditure is required to render them
capable of production.
Comparison of SEC and NI 51-101 Reserve Reporting
2.10
The table below presents the key differences between the SEC and NI 51 - 101 reserve
evaluations.
Assumption
Reserves allocated
value
Commodity Prices
2.11
SEC Reserve Reporting
Only Proved Reserves must be
disclosed (Option to disclose
Probable Reserves)
Flat prices based on 12-month
historical average
NI 51-101 Reserve Reporting
Proved and Probable
Reserves must be disclosed
Escalating price curve
The NI 51 - 101 reserve evaluation renders a higher net present value (NPV) of reserves
due to:
2.11.1
The escalating pricing assumption (see the difference in reserve life pricing in the
chart below); and
2.11.2
The inclusion of probable reserves.
NI 51-101 Escalating Price Curve vs. SEC Flat Pricing (Oil and Gas)
NI 51-101 Forecast 2027 Light
Oil Price: $128.59 bbl
and
AECO Price: $7.12 mcf
140.00
8.00
7.00
120.00
6.00
100.00
SEC Oil Price $87.90 bbl
5.00
80.00
4.00
60.00
3.00
SEC AECO Gas Price: $2.37 mcf
40.00
NI 51-101 Oil
SEC Oil
20.00
NI 51-101 Gas
2.00
1.00
SEC Gas
-
2013
2014
2015
2016
2017
2018
2019
2020
Year
2021
2022
2023
2024
2025
2026
2027
2.12
Due to the NI 51escalating price curve the farther out into the reserve life, the more
significant the pricing differential. This is further outlined in the following table which
illustrates the oil and gas prices used under NI 51 101 and the SEC case.
Oil
Year NI 51 - 101
($/bbl)
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
87.48
89.19
90.93
98.03
103.83
106.46
109.74
111.94
114.18
116.46
118.79
121.17
123.59
126.07
128.59
Natural Gas
SEC
Difference
NI 51 - 101
SEC
Difference
($/bbl)
($/bbl)
($/mcf)
($/mcf)
($/mcf)
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
87.90
(0.42)
1.29
3.03
10.13
15.93
18.56
21.84
24.04
26.28
28.56
30.89
33.27
35.69
38.17
40.69
3.71
4.13
4.64
5.24
5.85
5.96
6.08
6.20
6.33
6.45
6.58
6.71
6.84
6.98
7.12
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
2.37
1.34
1.76
2.27
2.87
3.48
3.59
3.71
3.83
3.96
4.08
4.21
4.34
4.47
4.61
4.75
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
APPENDIX G
Blow-down Scenario Calculation
52
LONE PINE RESOURCES, ET AL
MONITOR’S SIXTH REPORT TO COURT
DECEMBER 10, 2013
Blow-down Scenario Calculation
NPV of Cash Flows @ 10% in CAD $000's
Year
NI 51-101 CF
2013
19,544
2014
58,400
2015
47,000
2016
41,100
2017
35,400
2018
28,800
2019
23,700
2020
19,300
2021
16,100
2022
13,300
2023
11,100
2024
9,100
2025
7,600
2026
6,100
2027
5,100
Remaining
21,600
Total
363,244
SEC CF
15,700
42,300
31,500
24,400
18,800
15,300
12,100
9,900
7,900
6,400
5,300
4,300
3,500
2,800
2,200
8,900
211,300
Net of G&A
G&A
NI 51-101 CF SEC CF
3,136
16,408
12,564
11,405
46,995
30,895
10,368
36,632
21,132
9,425
31,675
14,975
8,569
26,831
10,231
7,790
21,010
7,510
7,081
16,619
5,019
6,438
12,862
3,462
5,852
10,248
2,048
5,320
7,980
1,080
4,837
6,263
463
4,397
4,703
(97)
3,997
3,603
(497)
3,634
2,466
(834)
3,304
1,796
(1,104)
2,176
19,424
6,724
97,729
265,515
113,571
53
Net of G&A + Interest
Interest NI 51-101 CF SEC CF
6,248
10,160
6,316
22,720
24,276
8,176
20,654
15,978
478
18,776
12,898
(3,802)
17,070
9,762
(6,838)
15,518
5,493
(8,007)
14,107
2,512
(9,088)
12,825
38
(9,362)
11,659
(1,411)
(9,611)
10,599
(2,619)
(9,519)
9,635
(3,372)
(9,172)
8,759
(4,056)
(8,856)
7,963
(4,360)
(8,460)
7,239
(4,773)
(8,073)
6,581
(4,785)
(7,685)
5,983
13,441
741
196,335
69,180
(82,764)
Fly UP