Wednesday, November 18, 2009

Emera division applies to buy Digby wind energy project

It looks as if Nova Scotia Power is buying further into the wind energy business.

It already owns the Nuttby project and has now applied to the Ontario Supreme Court of Justice to purchase the Digby project.

Court file number 09-8321-00CL is a motion that includes:

"approving the sale of SkyPower's to 3240384 Nova Scotia Limited, a subsidiar
of Emera Incorporated ("Emera") of SkyPower"s interest in the capital stock of Scotian Windfie1d Parners Corp. and certin of its wind project assets (the "Emera Transaction")"

it goes on ...

"THE GROUNDS FOR THE MOTION are as follows:
2. The Applicant is a renewable energy developer in Canada. It is an industr leader with
extensive expertise in developing large-scale wind, solar and other renewable energy
power projects;
3. Pursuant to the Initial CCAA Order, the Applicant was granted protection pursuant to the
Companies' Creditors Arrangement Act (the "CCAA") and an initial stay of proceedings
to and including September 1 1, 2009, in respect of the Applicant and certain other
parties, is currently in effect. The stay of proceedings has been extended from time to
time to November 30, 2009;
4. On August 21, 2009, the Bankruptcy Court for the District of Delaware granted
SkyPower an Order for provisional relief
under Chapter 15 of the U.S. Bankruptcy Code.
A final Order under Chapter 15 was granted on September 15,20095. Pursuant to an Order of this Honourable Court dated August 25,2009, the Applicant was
authorized to ru a sale process in respect of all of its assets, property and undertakng;
6. The sale process is ongoing. On October 27, 2009, this Honourable Court approved a
sale in respect of SkyPower's solar business to an affiliate of CIM Group, SkyPower's
debtor-in-possession lender. The parties are working to close the transaction;
7. As par of the sale process, SkyPower has negotiated the terms of two additional
transactions - the Emera Transaction and the Elemental Transaction;
8. KPMG Inc., as monitor of SkyPower (the "Monitor"), and SkyPower's senior secured
lenders support the Emera Transaction and the Elemental Transaction;
9. The Applicant believes the transactions to be in the best interests of the Applicant and its
stakeholders;
10. the provisions of the CCAA;
11. Rules 2.03,3.02, 16 and 37 of the Rules of Civil Procedure (Ontario); and
12. such further and other grounds as counsel may advise and this Honourable Court may
permit."

Strange the media hasn't touched this story yet.

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