Translation of "Composition agreement on the cession assets " (English → French) :

Where the documentation does not define an investment policy or investment strategy and objectives, those percentages shall be determined by reference to the actual composition of the assets of the undertakings or entities or investment funds or schemes concerned, as resulting from the average of assets at the beginning, or at the date of their first semi-annual report, and at the end of their last accounting period before the date when the interest payment is made or secured by the paying agent ...[+++] to the beneficial owner.

Question No. 1157 Mr. Rodger Cuzner: With respect to the Gabarus Seawall, also referred to in existing federal documents and plans as a groyne or breakwater, and all other properties built and previously or currently owned or administered by the government in Gabarus, Nova Scotia: (a) as a result of a Transfer of Duties Act based on an Order-in-Council (P.C. 1979-2522) September 20, 1979, (i) what specific properties, structures or facilities did Fisheries and Oceans Canada (DFO) acquire or become responsible for which were formerly owned or under the administration of the Department of Transport, (ii) did this specifically include a fishermen’s breakwater and two groynes and, i ...[+++]f so, what specific structures in Gabarus did these terms refer to; (b) has there been any mechanism other than the Transfer Of Duties Act by which DFO took over ownership or administration of any other federal properties or facilities in Gabarus since 1979; (c) from 1979 to present, have there been evaluations, assessments or reports or other similar documents commissioned or received by DFO concerning these properties, structures or facilities, specifically the Gabarus Seawall and, if so, (i) what are the reference numbers and titles of said studies or assessments or other relevant documents including the dates they were performed and when they were released to DFO, (ii) under whose signature and authority; (d) have properties, facilities or structures or assets, specifically, the Gabarus Seawall, in Gabarus been divested by DFO since 1979 and, if so, (i) what asset, (ii) when did divestiture take place, (iii) to whom, (iv) by what process, regulations or Act of Parliament was it allowed, specifying all reference numbers, titles of agreements and details of maps, or other such relevant documents concerning the transfer; (e) since 1979 have there been efforts by DFO to divest itself of properties, structures, assets or facilities, specifically the Gabarus Seawall in Gabarus that have bee ...

In particular it doubts that the restructuring plan would restore the long-term viability of HCM, as it is largely focused on debt-servicing and is strongly dependent on the conclusion of the composition agreement with its creditors.

The company has been in bankruptcy proceedings since 1 September 2005, but there remains the possibility of it signing a composition agreement with its creditors, enabling it to avoid the liquidation procedure.

It should be clarified that derivatives on financial indices whose composition is sufficiently diversified, which represent an adequate benchmark to the market to which they refer and which are subject to appropriate information regarding the index composition and calculation fall under the category of derivatives as liquid financial assets.

1. The reference in Article 22a(1) of Directive 85/611/EEC to replicating the composition of a stock or debt securities index shall be understood as a reference to replication of the composition of the underlying assets of the index, including the use of derivatives or other techniques and instruments as referred to in Article 21(2) of Directive 85/611/EEC and Article 11 of this Directive.