NOTICE OF CLAIMS PROCESS FOR EXPRESS FASHION APPAREL CANADA INC., EXPRESS CANADA GC GP, INC., and EXPRESS CANADA GC LP (COLLECTIVELY, THE “EXPRESS CANADA ENTITIES”) PURSUANT TO THE COMPANIES’ CREDITORS ARRANGEMENT ACT (the “CCAA”)
PLEASE TAKE NOTICE that on May 29, 2017, the Ontario Superior Court of Justice (Commercial List) issued an order (the “Claims Procedure Order”) in the CCAA proceedings of Express Fashion Apparel Canada Inc. and Express Canada GC GP, Inc. (together, the “Applicants”), requiring that all Persons who assert a Claim (capitalized terms used in this notice and not otherwise defined have the meaning ascribed to them in the Claims Procedure Order) against the Express Canada Entities, whether unliquidated, contingent or otherwise, and all Persons who assert a claim against the Directors and/or Officers of the Applicants (as defined in the Claims Procedure Order, a “D&O Claim”), must file a Proof of Claim (with respect to Claims against the Express Canada Entities) or D&O Proof of Claim (with respect to D&O Claims) with Alvarez & Marsal Canada Inc. as court-appointed monitor of the Applicants (in such capacity and not in its personal or corporate capacity, the “Monitor”) on or before 5:00 p.m. (Toronto time) on July 28, 2017 (the “Claims Bar Date”), by sending the Proof of Claim or D&O Proof of Claim to the Monitor by prepaid ordinary mail, registered mail, courier, personal delivery or electronic transmission at the following address:
Alvarez & Marsal Canada Inc., Express Canada Monitor
Royal Bank Plaza, South Tower
200 Bay Street, Suite 2900, P.O. Box 22
Toronto, ON Canada M5J 2J1
Fax No.: 416-847-5201
Attention: Josh Nevsky
Pursuant to the Claims Procedure Order, Claims Packages, including the form of Proof of Claim and D&O Proof of Claim forms, will be sent to all known Claimants by mail on or before June 6, 2017. Employees will be sent a notice providing information regarding their claims on or before June 23, 2017. Claimants may also obtain the Claims Procedure Order and a Claims Package from the Monitor’s website at www.alvarezandmarsal.com/expresscanada, or by contacting the Monitor by telephone at 1-844-692-6255.
Only Proofs of Claim and D&O Proofs of Claim actually received by the Monitor on or before 5:00 p.m. (Toronto time) on July 28, 2017 will be considered filed by the Claims Bar Date. It is your responsibility to ensure that the Monitor receives your Proof of Claim or D&O Proof of Claim by the Claims Bar Date.
CLAIMS AND D&O CLAIMS WHICH ARE NOT RECEIVED BY THE APPLICABLE CLAIMS BAR DATE WILL BE BARRED AND EXTINGUISHED FOREVER.