November 14, 2022 Court Orders

On November 14, 2022, the Court approved the following:

  • the Eden Settlement Agreement and the distribution to the Investors in the Eden Project of 85% of the Realized property to be received by the Trustee in respect of the Eden Project (Eden Resolution and Distribution Order);

  • the Brookdale Settlement Agreement (Brookdale Settlement Order); and

  • the: (i) Twenty-Eighth Report, Twenty-Ninth Report and the activities of the Trustee described therein and (ii) The Trustee’s activities and its fees and disbursements, including the fees and disbursements of its counsel, for the period from January 1, 2022 to October 15, 2022 (November 2022 Omnibus Order).

A copy of the Orders and the related endorsement are provided below.

As a result of an objection raised by an investor in the Brookdale Mezzanine Loan it was agreed that the relief being sought in respect of the Trustee's proposed distribution of the Realized Property to be received in connection with the Brookdale Settlement Agreement would be deferred and be heard by the Court on December 14, 2022.

 
 

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Trustee’s Twenty-Ninth Report