NOTICE TO CLAIMANTS AND OTHERS OF FILING OF CLAIMS AS... SHS SERVICES MANAGEMENT INC./GESTION DES SERVICES SHS INC.
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NOTICE TO CLAIMANTS AND OTHERS OF FILING OF CLAIMS AS... SHS SERVICES MANAGEMENT INC./GESTION DES SERVICES SHS INC.
NOTICE TO CLAIMANTS AND OTHERS OF FILING OF CLAIMS AS AGAINST: SHS SERVICES MANAGEMENT INC./GESTION DES SERVICES SHS INC. AND SHS SERVICES LIMITED PARTNERSHIP (collectively, 'SHS") RE: NOTICE OF LIEN AND TRUST CLAIMS PROCESS AND CLAIMS BAR DATE PLEASE TAKE NOTICE that this notice is being published pursuant to an Order of the Superior Court of Justice of Ontario made March 11, 2014 (the 'Lien and Trust Claims Procedure Ordef'). The Court has ordered that the Court-appointed Receiver of SHS, PricewaterhouseCoopers Inc. (the 'Receiver"), send Proof of Claim Document Packages to the Contractors of SHS. All capitalized terms herein shall have the meaning given to those terms in the Lien and Trust Claims Procedure Order. The Lien and Trust Claims Process is intended for any Person with any Claims related to builders' liens or claims to trust funds pursuant to applicable provincial builders' lien or construction lien legislation that existed as at the date of the Interim Receivership Order (December 13, 2013). The Lien and Trust Claims Procedure Order, the Proof of Claim Document Package, additional Proofs of Claim and related materials maybe accessed from the Receiver's web site at www.pwc.com/car-shs. Please take notice that any person who believes that they have a Claim against SHS or any of its customers that existed as at the date of the commencement of the receivership, December 13, 2013, must send a Proof of Claim to the Receiver to be received before 5:00 p.m. (Toronto time) on April Il, 2014 (the C1aims Bar Date"). PROOFS OF CLAIM MUST BE RECEIVED BY THE RECEIVER BY THE CLAIMS BAR DATE OR THE APPLICABLE CLAIM WILL BE FOREVER BARRED AND EXTINGUISHED. Reference should be made to the material enclosed in the Proof of Claim Document Package for the complete definition of "Claim" to which the lien and trust claims process applies. The Receiver can be contacted at the following address to request a Proof of Claim Document Package for any other notices or enquiries with respect to the Lien and Trust Claims Process: 2 PricewaterhouseCoopers Inc. Court-appointed Receiver of SHS Services Management lnc./Gestion Des Services Inc. and SHS Services Limited Partnership 18 York Street, Suite 2600 PwC Tower Toronto, Ontario, M5J 0B2 Attention: Telephone: Fax: Email: DATED at Toronto this Sara de Verneuil (855) 376-8474 (416)814-3219 shs.questionsca.pwc.com 14th day of March , 2014. PricewaterhouseCoopers Inc., in its capacity as court-appointed Receiver of SHS Services Management Inc./Gestion Des Services SHS Inc. and SHS Services Limited Partnership INSTRUCTION LETTER FOR THE LIEN AND TRUST CLAIMS PROCESS OF: SHS SERVICES MANAGEMENT INC./GESTION DES SERVICES SHS INC. AND SHS SERVICES LIMITED PARTNERSHIP (collectively, "SHS") A. LIEN AND TRUST CLAIMS PROCESS By Order of the Ontario Superior Court of Justice made March 11, 2014 (the "Lien and Trust Claims Procedure Order") the Court-appointed Receiver of SHS, PricewaterhouseCoopers Inc. (the "Receiver"), has been authorized to conduct a claims process with respect to certain lien and trust claims against SHS or its Customers in accordance with the terms of the Lien and Trust Claims Procedure Order (the "Lien and Trust Claims Process"). Unless otherwise defined, all capitalized terms used herein shall have the meaning given to those terms in the Lien and Trust Claims Procedure Order. This letter provides instructions for responding to or completing the Proof of Claim. Reference should be made to the Lien and Trust Claims Procedure Order for a complete description of the Lien and Trust Claims Process. The Lien and Trust Claims Procedure Order, the Proof of Claim Document Package, additional Proofs of Claim and related materials may be accessed from the Receiver's web site at www.pwc.com/car-shs. The Lien and Trust Claims Process is intended for any Person with any Claims related to builders' or construction liens or claims to trust funds pursuant to applicable provincial builders' lien or construction lien legislation against SHS or its Customers that existed as at the date of the Interim Receivership Order (December 13, 2013), whether liquidated, unliquidated, contingent or otherwise. Please review the enclosed material for the complete definition of "Claim" to which the Lien and Trust Claims Process applies. The Receiver is not seeking claims from Persons holding unsecured claims against SHS. If your claim is an unsecured claim, or does not otherwise meet the definition of "Claim" in the enclosed material, you are not permitted to file a Proof of Claim in the Lien and Trust Claims Process. All notices and enquiries with respect to the Lien and Trust Claims Process should be addressed to: PricewaterhouseCoopers Inc. 2 Court-appointed Receiver of SHS Services Management lnc./Gestion Des Services SHS Inc. and SHS Services Limited Partnership 18 York Street, Suite 2600 PwC Tower Toronto, Ontario, M5J 0B2 Attention: Telephone: Fax: Email: B. Sara de Verneuil (855) 376-8474 (416)814-3219 shs.questionsca.pwc.com FOR CLAIMANTS SUBMITTING A PROOF OF CLAIM If you believe that you have a Claim against any of SHS or the Customers as set forth above, you must file a Proof of Claim with the Receiver before 5:00 p.m. (Toronto time) on April II, 2014 (the 'Claims Bar Date"). PROOFS OF CLAIM MUST BE RECEIVED BY THE CLAIMS BAR DATE OR THE APPLICABLE CLAIM WILL BE FOREVER BARRED AND EXTINGUISHED. Additional Proof of Claim forms can be obtained by contacting the Receiver at the telephone numbers and address indicated above and providing particulars as to your name, address and facsimile number. DATED at Toronto this 14th day of March 2014. PricewaterhouseCoopers Inc., in its capacity as court-appointed Receiver of SHS Services Management Inc./Gestion Des Services SHS Inc. and SHS Services Limited Partnership PROOF OF LIEN CLAIM OR TRUST CLAIM: SHS SERVICES MANAGEMENT INC./GESTION DES SERVICES SHS INC. AND SHS SERVICES LIMITED PARTNERSHIP (together, the Debtor") Please read carefully the enclosed Instruction Letter for completing this Proof of Claim. A. PARTICULARS OF CLAIMANT: Full Legal Name of Claimant: (the 'Claimant"). (Full legal name should be the name of the original Claimant, notwithstanding whether an assignment of a Claim, or a portion thereof, has occurred.) 2. Full Mailing Address of the Claimant (the original Claimant not the Assignee): Telephone Number: 2 4, E-Mail Address: 5. Facsimile Number: 6. Attention (Contact Person): 7. Has the Claim been sold or assigned by the Claimant to another party? [check (V) one YesD B. NoD PARTICULARS OF CUSTOMER Full Legal Name and address of Customer (attach a list for multiple customers): (the "Custome (Please note that a separate Proof of Claim must be completed and filed for each Claim being made.) C. PROOF OF CLAIM: I, (name of Claimant or Representative of the Claimat do hereby certify: (city and Province (a) that I [check (s") one] LI am the Claimant; OR LI am __________________________________________ (state position or title) of (b) that Ihave knowledge of all the circumstances connected with the Claim referred to below; (c) the Claimant asserts its claim against the Debtor; (d) the Applicant was and still is indebted to the Claimant as follows: CLAIM ARISING ON OR PRIOR TO December 13, 2013: $_________________________ D. (insert $ value of claim) CDN NATURE OF CLAIM (check (v") one and complete appropriate category) E. LI A. LIEN CLAIM OF $ LI B. TRUSTCLAIMOF$____________ PARTICULARS OF CLAIM: Description of transaction, agreement or event giving rise or relating to the Claim: If the Claim is a Lien Claim, state the date that services and/or materials were last provided to the Customer by the Claimant and attach supporting documentation: IF CLAIMANTS REQUIRE ADDITIONAL SPACE THEN PROVIDED HEREIN, PLEASE ATTACH A SCHEDULE HERETO. CLAIMANTS SHOULD ALSO PROVIDE COPIES OF -4- ALL RELEVANT AGREEMENTS, INVOICES, STATEMENTS OF ACCOUNT OR SIMILAR SUPPORTING DOCUMENTATION. A DETAILED, COMPLETE STATEMENT OF ACCOUNT MUST BE ATTACHED TO THE PROOF OF CLAIM WHICH MUST SHOW THE DATE, THE NUMBER AND THE AMOUNT OF EACH IN VOICE OR STATEMENT OR SUPPORTING DOCUMENT. F. FILING OF CLAIM This Proof of Claim must be received by the Receiver by no later than 5:00 p.m. (Toronto time) on April 11, 2014 by prepaid ordinary mail, courier, personal delivery or electronic or digital transmission at the following address: PricewaterhouseCoopers Inc. Court-appointed Receiver of SHS Services Management Inc./Gestion Des Services SHS Inc. and SHS Services Limited Partnership I 8 York Street, Suite 2600 PwC Tower Toronto, Ontario, M5J 0B2 Attention: Telephone: Fax: Email: Sara de Verneuil (855) 376-8474 (416) 814-3219 shs.questionsca.pwc.com (Failure to file your proof of claim as directed by 5:00 p.m., on April II, 2014 (Toronto time) will result in your claim being barred and in you being prevented from making or enforcing a Claim against the applicable Debtor.) DATEDat _______ this _________ dayof ,2014. Signature of Claimant