The Guardian (Charlottetown)

Court approves DME sale to Dutch company

March 5 set as closing date for Island company’s sale to CIMC Enric Tank and Process Ltd.

- TERRENCE MCEACHERN Terrence.mceachern@theguardia­n.pe.ca Twitter.com/terry_mcn

A P.E.I. court has approved a motion that will allow a Dutch company to proceed with an agreement to buy Charlottet­own’s Diversifie­d Metal Engineerin­g.

The motion to allow the sale agreement to proceed between the receiver Alvarez and Marshal and the Dutch company CIMC Enric Tank and Process Ltd. was approved last Friday in the Supreme Court of P.E.I.

CMIC designs and manufactur­es tanks and process equipment for the beverage, brewery and food industries.

According to court documents, a closing date has been set for March 5 or a later date if approved by the parties. Other details of the Feb. 13 agreement include the acquisitio­n of DME’s Charlottet­own buildings at 54 Hillstrome Ave. and 38 McCarville St., as well as the acquisitio­n of all machinery, equipment, inventory, intellectu­al property and warranty rights relating to purchased assets. CIMC is not assuming any of DME’s liabilitie­s.

Court documents further say that CMIC plans to continue to operate the business as well as “continue the employment of the majority of current employees and consider re-hiring a number of former employees.”

The purchase price was not included in the court documents.

DME went into receiversh­ip in November after a court order by the applicant — the Royal Bank of Canada — was approved. RBC, the secured creditor, was owed $18.1 million.

It was later revealed that DME owed $27 million to several unsecured creditors, including approximat­ely 50 P.E.I. businesses. Earlier this year, the company’s assets were valued at $71.7 million.

The DME Group is comprised of DME Limited Partnershi­p, DME General Partnershi­p Inc., Atlantic Systems Manufactur­ing (2016) Ltd., DME Canada Acquisitio­ns Inc. and DME US Holdco Inc.

DME Charlottet­own is one of three divisions of the DME Group.

In January, the sale of another division — Atlantic Systems Manufactur­ing (ASM) — was approved to a newly formed company, 11223143 Canada Inc. That company involves an ownership group that includes Todd Cormier of Eastern Fabricator­s.

The sale of a third division — DME’s Abbotsford, B.C. plant — was also approved in January. The Abbotsford transactio­n was a liquidatio­n services agreement with Infinity Asset Solutions Inc. and Joiner Sales Corp. The liquidatio­n auction was set to begin Feb. 27.

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