R-15.1, r. 6.1 - Regulation respecting supplemental pension plans affected by the arrangement regarding AbitibiBowater Inc. under the Companies’ Creditors Arrangement Act

Section 16 Disposition versions

2014-04-09

16. (Revoked).

O.C. 856-2011, s. 16; O.C. 299-2014, s. 4.

2012-09-01

16. The overall additional amortization payment for a fiscal year, which cannot exceed $15,000,000, corresponds to 15% of the free cash flow of AbitibiBowater Inc. on the date of the end of the previous fiscal year.

The free cash flow, determined on the basis of the information contained in the audited financial statements of AbitibiBowater Inc., is defined as the earnings before interest, taxes, depreciation and amortization, from which the following elements are subtracted:

(1)  interest expenses;

(2)  cash invested in fixed assets;

(3)  basic amortization contribution;

(4)  income or loss attributable to non-controlling interests (net of taxes).

If the free cash flow cannot be determined in accordance with the second paragraph, whether due to the fact that the audited financial statements of Abitibi-Bowater Inc. have not been sent to the Régie in accordance with section 49, or the fact that certain documents, information or reports required under section 51 have not been provided within the prescribed time, or for any other reason, the overall amortization payment is set at $15,000,000.

O.C. 856-2011, s. 16.