24-04-2009
19:40 STIKEMAN ELIOTT LLP P.001/026
‘CANADA, SUPERIOR COURT
PROVINCE OF QUEBEC Commercial Division
DISTRICT OF MONTREAL Gitting as a court designated pursuant to the
Conipanies' Creditors Arrangement Act,
‘No, : 500-11-036133-094 RSC, <. C36
IN THE MATTER OF THE PLAN OF
‘COMPROMISE OR ARRANGEMENT OF:
ABITIBIBOWATER INC.
etals
And
ERNST & YOUNG INC.
Sender Guy P. Martel
STIKEMAN ELLIOTT
Stikeman Elliott LLP Barristers & Solicitors
Suite £000, 1155, René-Levesque Blvd. West
Montréal, Quebec H3B3V2
‘Telephone (514) 397-3000; Telecopier (514) 397-9222
Addressee: Syndicat canadien des communications, de Yénergie et
du papier (SCEP) ct ses sections locales,
Canadian Paperworkers Union
a/s Trudel Nadeau Avocats senctl
Att: Me Yves St-André
Fax: (614) 499-0812
Proceeding being served: Motion De Bene Esse for Authorization to Suspend
Certain Payments to Pension Plans Maintained by the
Petitioners, Affidavit and Notice of Presentation.
Additional documentation pertaining _itp://documentcentre,eycan.com/.
to AbitibiBowater Inc’s CCAA 13°32
Proceedings available at:
Date and Time of service: April 24, 2009
Our file: 041053-1170
Operator:
ature)
Tost manber of papsicadng i conestee 2,
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theabove addvess at ou cot,24-04-2009
1
18:40 STIKEMAN BLIOTT LLP
CANADA SUPERIOR COURT
PROVINCE OF QUEBEC Commercial Division
DISTRICT OF MONTREAL Gitting as a court designated pursuant to the
Companies’ Creditors Arrangement Act,
No. : 500-11-036133-094 R 36)
IN THE MATTER OF THE PLAN OF
COMPROMISE OR ARRANGEMENT OF:
ABITIBIBOWATER INC.
and
ABITIBI-CONSOLIDATED INC.
and
BOWATER CANADIAN HOLDINGS INC.
and the other Petitioners listed on Schedules
A Band
Petitioners
And
ERNST & YOUNG INC.
Monitor
MOTION DE BENE ESSE FOR AUTHORIZATION TO SUSPEND
CERTAIN PAYMENTS TO PENSION PLANS MAINTAINED BY THE
PETITIONERS
TO ONE OF THE HONORABLE JUDGES OF THE SUPERIOR COURT, SITTING IN
COMMERCIAL DIVISION, FOR THE JUDICIAL DISTRICT OF MONTREAL, THE
PETITIONERS RESPECTFULLY SUBMIT THE FOLLOWING:
1 PREAMBLE
1. On April 17, 2009 the Petitioners filed a Petition for an Initial Order pursuant to
sections 4, 5 and 11 of the Companies’ Creditors Arrangement Act (the "CCAA") and
Petition for the Issuance of a Recognition Order pursuant to Section 18.6 of the CCAA
P.002/02624-04-2009 18:40 STIKEMAN ELIOTT LLP P.003/026
(the "Initial CCAA Petition"), the whole as appears from the record of the Court
in this docket. All capitalized terms not otherwise defined herein shall have the
| meaning ascribed thereto in the Initial CCAA Petition.
| 2 As stated in the Initial CCAA Petition, the Petitioners sought specific orders in
| respect of special payments or contributions in respect of past service to their
| defined benefit pension plans (the "Special Payments Orders"),
3. On the same day, this Court issued an Initial Order (the "Initial Order") in|
| respect of the Petitioners, the whole as appears from the record of the Court in
this docket. On April 22, 2009, this Court issued an Amended Initial Order, the
| whole as appears from the record of the Court in this docket,
4, The Initial Order contains the customary stay of proceedings and a prohibition
on the payment of amounts owing to creditors as of the date thereof except as
specifically permitted. Paragraph 21(a) permits payments of "current pension
contributions" whether incurred prior to or following the date of the Order. The
Initial CCAA Petition sought to supplement this with the Special Payments — |
Orders.
5. This Court did not, however, issue the Special Payments Orders but rather
decided to proceed as follows: "With respect to the request for the suspension of the
1 past service contributions or special payments to the pension plans, petitioners will
communicate with the Court to fix a date of hearing before April 30, 2009", the whole as
appears from the record of the Court in this docket,
6. At the hearing of April 22, 2009, in this matter, it was determined that the
hearing on Petitioners’ request for the issuance of the Special Payment Orders
would be heard by this Court on April 30, 2009 at 9:15 in room 16.12, the whole
‘as appears from the record of the Court in this docket.
| 7 The Petitioners hereby seek the issuance of the Special Payments Orders, the |
whole as set forth in the conclusions of this Motion.
8. This Motion is supported by the Monitor, the whole as appears from the
Monitor's Third Report.
| IL THEPENSION PLANS
(a) ACEPension Plans
9. Abitibi-Consolidated Inc. ("ACI") and its subsidiaries (the "ACI Group")
maintain 20 registered pension plans (the "ACI Canadian Pension Plans") for |
their Canadian employees. !
10. Some of the ACI Canadian Pension Plans provide defined benefits, some provide
defined contributions and some operate on a hybrid (éc., defined benefit and
defined contribution) basis. All the ACI Canadian Pension Plans are registered