LEGAL_1:46694498.3
December 19, 2017
TO THE CUSTOMERS OF HEATING AND COOLING,
PROTECTION AGREEMENTS OR ANNUAL INSPECTION
SERVICES CURRENTLY PROVIDED BY SEARS CANADA INC.
IN ONTARIO, MANITOBA, SASKATCHEWAN, ALBERTA,
BRITISH COLUMBIA, NOVA SCOTIA, NEWFOUNDLAND AND
NEW BRUNSWICK (COLLECTIVELY, THE “ACQUIRED
BUSINESS”)
Re: Acquisition of Assets related to the Acquired Business by Confort Expert
Inc.
Re: In the Matter of a Plan of Compromise or Arrangement of Sears Canada
Inc. et al (Court File No. CV-17-11846-00CL)
As you may know, Sears Canada Inc. and certain of its subsidiaries (collectively, Sears Canada”)
filed for and were granted creditor protection under the Companies’ Creditors Arrangement Act
(“CCAA”), pursuant to an initial order (the “Initial Order”) of the Ontario Superior Court of Justice
(Commercial List) (the “Court”) on June 22, 2017. Pursuant to the Initial Order, the Court appointed
FTI Consulting Canada Inc. as “Monitor” in connection with the CCAA proceedings. As part of these
CCAA proceedings, Sears Canada is selling certain of its assets.
Sears Canada and Confort Expert Inc. (“Confort Expert”) have entered into an asset purchase
agreement dated December 15, 2017 pursuant to which Confort Expert will acquire the assets related
to the Acquired Business, including the ongoing customer contracts which will be assumed by Confort
Expert.
Accordingly, Confort Expert will assume all of Sears Canada’s rights and obligations under your
protection agreement, as appropriate, with Sears Canada effective as of the closing date which is
expected to be on or about January 8th, 2018. We confirm that your contract(s) remain(s) in full force
and effect, but your contract(s) will, as of the closing date, be directly with Confort Expert.
LEGAL_1:46694498.3
Regarding your next payment, if you have been making automatic payments to Sears Canada, your
future payments will now be processed by Confort Expert.
Please note the last payment made in December for the transaction under the name of Sears
represents the payment of the last balance from your account as of November 30, 2017.
It is anticipated that there will be no interruption of services as a result of this transaction and services
will continue to be provided by Confort Expert in the ordinary course. Confort Expert values the
relationship with each of its customers and looks forward to continuing to provide you with the same
quality you have relied on for years. Please do not hesitate to contact Confort Expert at 514-940-1057
option 3 or 1-855-940-1057 option 3 during normal business hours (Eastern Time) or by e-mail to
[email protected] with any questions you may have about your services.
For more information about the CCAA process and Sears Canada, you may refer to the website of
Sears Canada’s Court-appointed Monitor, FTI Consulting Canada Inc., at:
http://cfcanada.fticonsulting.com/searscanada.
We appreciate your business and feel confident that you will find Confort Expert will help keep your
home comfortable now, and for many years to come.
Sincerely,
Pierre Boulé Pierre Marc Lamoureux
Chief executive officer CFO
Confort Expert Inc. Confort Expert Inc.
LEGAL_1:46694498.3
November 15, 2017
TO THE CUSTOMERS OF HEATING AND COOLING,
PROTECTION AGREEMENTS OR ANNUAL INSPECTION
SERVICES CURRENTLY PROVIDED BY SEARS CANADA INC.
IN QUEBEC (COLLECTIVELY, THE “ACQUIRED BUSINESS”)
Re: Acquisition of Assets related to the Acquired Business by Confort Expert
Inc.
Re: In the Matter of a Plan of Compromise or Arrangement of Sears Canada
Inc. et al (Court File No. CV-17-11846-00CL)
As you may know, Sears Canada Inc. and certain of its subsidiaries (collectively, Sears Canada”)
filed for and were granted creditor protection under the Companies’ Creditors Arrangement Act
(“CCAA”), pursuant to an initial order (the “Initial Order”) of the Ontario Superior Court of Justice
(Commercial List) (the “Court”) on June 22, 2017. Pursuant to the Initial Order, the Court appointed
FTI Consulting Canada Inc. as “Monitor” in connection with the CCAA proceedings. As part of these
CCAA proceedings, Sears Canada is selling certain of its assets.
Sears Canada and Confort Expert Inc. (“Confort Expert”) have entered into an asset purchase
agreement dated November 10, 2017 pursuant to which Confort Expert will acquire the assets related
to the Acquired Business, including the ongoing customer contracts which will be assumed by Confort
Expert.
Accordingly, Confort Expert will assume all of Sears Canada’s rights and obligations under your
protection agreement, as appropriate, with Sears Canada effective as of the closing date which is
expected to be on or about November 22, 2017. We confirm that your contract(s) remain(s) in full
force and effect, but your contract(s) will, as of the closing date, be directly with Confort Expert.
Regarding your next payment, if you have been making automatic payments to Sears Canada, your
future payments will now be processed by Confort Expert.
Please note the last payment made in November for the transaction under the name of Sears
represents the payment of the last balance from your account as of October 31, 2017.
LEGAL_1:46694498.3
It is anticipated that there will be no interruption of services as a result of this transaction and services
will continue to be provided by Confort Expert in the ordinary course. Confort Expert values the
relationship with each of its customers and looks forward to continuing to provide you with the same
quality you have relied on for years. Please do not hesitate to contact Confort Expert at 514-940-1057
option 3 or 1-855-940-1057 option 3 during normal business hours (Eastern Time) or by e-mail to
[email protected] with any questions you may have about your services.
For more information about the CCAA process and Sears Canada, you may refer to the website of
Sears Canada’s Court-appointed Monitor, FTI Consulting Canada Inc., at:
http://cfcanada.fticonsulting.com/searscanada.
We appreciate your business and feel confident that you will find Confort Expert will help keep your
home comfortable now, and for many years to come.
Sincerely,
Pierre Boulé Pierre Marc Lamoureux
Chief executive officer VP Finance and Operations
Confort Expert Inc. Confort Expert Inc.