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DIP lending charge: when super-priority is not so super

• Heenan Blaikie LLP
• -
• Canada
• -
• April 25 2011

On April 7, 2011, the Ontario Court of Appeal (the "OCA") released its decision in Indalex Limited, ordering that the reserved sale proceeds of a going-concern sale involving the Canadian Indalex entities ("Indalex Canada"), held by the court-appointed monitor, FTI Consulting Inc