EXECUTION - Stay of execution

Law360 Canada (June 30, 2023, 6:02 AM EDT) -- Application by Creative Wealth Media Lending LP 2016 (Appellant) for leave to appeal receivership order and stay its execution. Access Road Capital, LLC (Access) loaned to two subsidiaries of Bron Media Corporation (Bron), who defaulted. Bron was one of two guarantors for the loan. Access obtained a consent judgment against Bron plus accruing interest. The appellant was a secured creditor of Bron. Bron provided Access with financial documentation to assist an examination in aid of execution. No debt instrument, including the loan agreement itself, gave Access a contractual right to have a receiver appointed. Access applied for an order appointing an equitable receiver over all assets, undertakings and property of Bron. The appellant and Comerica Bank were secured creditors of Bron. The appellant and Comerica negotiated contractual rights to have receivers appointed but they considered the appointment of a receiver to be premature. Accordingly, the appellant and Comerica opposed Access’ receivership application. The chambers judge heard Access’ application, allowed the application and ordered that, unless Bron paid Access its debt in full, a receiver would be appointed over all assets, undertakings and property of Bron. The chambers judge disagreed that Access ought to have pursued an examination in aid of execution before applying to have a receiver appointed....
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