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Macquarie Equipment Finance Executes Support Agreement with Hut 8 Mining

August 14, 2023, 07:20 AM
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Topic: Industry News

Hut 8 Mining Corp., a digital asset mining pioneer and high-performance computing infrastructure provider, announced it has entered into a transaction support agreement with Macquarie Equipment Finance Ltd., a subsidiary of Macquarie Group Limited, in support of an opportunity to potentially acquire certain assets of Validus Power Corp. (Validus) and Validus' subsidiaries. Validus was previously a supplier of energy to Hut 8 Mining’s mining facility in North Bay, Ontario. Macquarie is a secured creditor of the Validus Entities under an existing secured lease and participation agreement.

Pursuant to an order of the Ontario Superior Court of Justice (Commercial List) (the "Court") issued on Aug. 10, on application by Macquarie, KSV Restructuring Inc. (KSV), a licensed insolvency trustee with extensive experience in receivership mandates, has been appointed as receiver of the property, assets, and undertakings of the Validus Entities (KSV in such capacity, the "Receiver").

Subject to the satisfaction of certain conditions, under the terms of the Support Agreement, a stalking horse bid (the "Stalking Horse Bid") is to be submitted to the Receiver in support of a proposed sale and investment solicitation process to be carried out in respect of the Validus Entities.

A Stalking Horse Bid, if ultimately successful, is expected to result in the full and final resolution of all litigation claims and counterclaims currently pending between Hut 8 and certain Validus Entities. Further details in respect of any Stalking Horse Bid will be provided if and as conditions warrant and subject to, among other things, the acceptance of a Stalking Horse Bid by the Receiver and approval of the Court.

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