Manitoba-based Delta 9 Cannabis announced on July 15 that it had received an initial order for creditor protection.

In a press release, the company stated that obtaining CCAA protection is in the best interest of the company and its shareholders, especially in light of recent “aggressive” actions by its creditors, namely recent demand notices from SNDL Inc. on May 21 and July 12 and SNDL’s recent acquisition of all the Company’s senior secured debt for $21 million.

According to SNDL, the total purchased indebtedness brings Delta 9’s total indebtedness owing to SNDL to more than $40 million, making SNDL Delta 9’s senior creditor.

The Initial Order provides for a 10-day stay of creditor claims and proceedings in respect of Delta 9 and its subsidiaries, Delta 9 Logistics Inc., Delta 9 Bio-Tech Inc., Delta 9 Lifestyle Cannabis Clinic Inc., and Delta 9 Cannabis Store Inc.

As part of that announcement, Delta 9 also shared that it has entered into a binding term sheet for The FIKA Company to act as a plan sponsor to the CCAA proceedings. Through this process, FIKA would acquire Delta 9’s retail cannabis and distribution business while also assisting with a sale and investment solicitation process for the assets of the licensed cannabis production business. In exchange, Delta 9 would receive equity in FIKA.

FIKA will participate in and fund the costs of Delta 9’s CCAA proceedings through interim financing, and present one or more plans of compromise or arrangements to Delta 9’s creditors.

“We are pleased to have entered into the Plan Sponsor Term Sheet with FIKA in a series of transactions which we believe will maximize value for our stakeholders, shareholders, and creditors,” said John Arbuthnot, CEO of Delta 9. “We appreciate the hard work of all of Delta 9’s employees, management, executive, and board of directors over the past twelve years to help create what has been an incredible growth story for Delta 9. We look forward to working with FIKA through the restructuring process to unlock the value of Delta 9’s assets for stakeholders, and to create the next chapter of growth for Delta 9.”

FIKA will provide up to $3 million to fund the costs of the CCAA proceedings and up to $13 million to repay the secured obligations owing to SNDL Inc.

In an interview in May, Arbuthnot said he did not believe the company was in default.

Delta 9 Cannabis Inc. brought in $16.5 million in net revenue in its most recent quarterly report in May from its retail and wholesale cannabis businesses but reported a net income loss of nearly $5 million.

Delta 9 operates 41 retail locations, 21 under the Delta 9 brand and another 20 retail cannabis stores under the Discounted Cannabis, Uncle Sam’s Cannabis, and Garden Variety brands.

Delta 9’s sales of merchandise and cannabis devices accounted for another $345,955 in revenue, along with $83,392 from B2B sales. It paid $583,235 in excise, up from $454,339 in the previous quarter and $589,267 in the same quarter in 2023.

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