COLABOR INCOME FUND
TSX : CLB.UN

COLABOR INCOME FUND

August 14, 2009 11:13 ET

Colabor Income Fund Announces Date and Time for the Motion for Final Order

BOUCHERVILLE, QUEBEC--(Marketwire - Aug. 14, 2009) - In accordance with the Interim Order granted by the Superior Court of Quebec (the "Court") on July 10, 2009 (the "Interim Order"), Colabor Income Fund (TSX:CLB.UN) ("Colabor" or the "Fund") announces that, conditional upon both the unitholders of the Fund and the securityholders of ConjuChem Biotechnologies Inc. ("ConjuChem") approving, at the meeting of unitholders of the Fund on August 19, 2009 (the "Meeting") and the meeting of the securityholders of ConjuChem on August 19, 2009, respectively, the previously announced plan of arrangement (the "Arrangement") under section 192 of the Canada Business Corporations Act (the "CBCA") involving ConjuChem and the Fund, ConjuChem and the Fund shall apply to the Court in order to obtain a final order (the "Final Order") approving the Arrangement pursuant to the provisions of the CBCA (the "Motion for Final Order") and declaring the Arrangement to be fair and reasonable.

Presentation of the Motion for Final Order shall be made before the honourable Justice Claude Auclair of the Quebec Superior Court, district of Montreal, at the Montreal Courthouse, room 16.12, in Montreal, Quebec, on August 24, 2009 at 9:15 a.m. (Montreal time) or as soon thereafter as counsel may be heard.

Any interested person wishing to appear at the Final Order hearing shall file an Appearance with the Clerk of the Court, along with notice of this person's address, at 1 Notre-Dame Street East, Montreal, Quebec, H2Y 1B6, Commercial Division, judicial District of Montreal and serve same on ConjuChem's counsel, McCarthy Tetrault (c/o: Me Francois Giroux, 1000, De La Gauchetiere Street West, Suite 2500, Montreal, Quebec, Canada, H3B 0A2), and on the Fund's counsel, McCarthy Tetrault (c/o: Me Francois Giroux, 1000, De La Gauchetiere Street West, Suite 2500, Montreal, Quebec, Canada, H3B 0A2) at least five (5) Business Days prior to the hearing on the Motion for Final Order, failing which such person shall not be entitled to appear.

If such Appearance is with the view to contest the Motion for Final Order or to make representations in relation thereto, the interested person shall also file a written contestation or written representations, as the case may be, along with notice of this person's address, supported as to the facts by affidavit(s) and exhibit(s), if any, with the aforementioned Clerk of the Court at 1 Notre-Dame Street East, Montreal, Quebec, H2Y 1B6, Commercial Division, judicial District of Montreal and serve same on ConjuChem's counsel, McCarthy Tetrault (c/o: Me Francois Giroux, 1000, De La Gauchetiere Street West, Suite 2500, Montreal, Quebec, Canada, H3B 0A2), and on the Fund's counsel, McCarthy Tetrault (c/o: Me Francois Giroux, 1000, De La Gauchetiere Street West, Suite 2500, Montreal, Quebec, Canada, H3B 0A2) at least five (5) Business Days prior to the hearing on the Motion for Final Order, failing which no contestation of the Motion for Final Order shall be permitted.

The securityholders of ConjuChem, the unitholders of the Fund and all other persons notified in accordance with the Interim Order granted by the Court on July 10, 2009 will be duly called parties to the Motion for Final Order hearing and will be bound by the orders and findings of the Court contained in the Final Order.

At the hearing of the Motion for Final Order, the Court will be requested to consider the fairness and reasonableness of the Arrangement. If you do not attend, either in person or by counsel, at that time, the Court may approve or refuse to approve the Arrangement as presented, or may approve it subject to such terms and conditions as the Court may deem fit, without any further notice.

About Colabor

Colabor is a wholesaler and distributor of food and non-food products serving the retail (grocery stores, convenience stores, etc.) and food-service (cafeterias, restaurants, hotels, restaurant chains, etc.) markets.

Forward Looking Statements

This press release includes forward looking statements with respect to Colabor, in particular with respect to the timing of steps it intends to take in furtherance of the Arrangement. Although management believes that the expectations reflected in such forward looking statements are reasonable and represent Colabor's internal expectations and belief as of August 14, 2009, such statements involve unknown risks and uncertainties beyond control which may cause actual results to differ materially from any estimates or projections expressed or implied by such forward looking statements. In particular, the forward looking statements contained herein are based on the Meeting being held on the specified date and on the date provided by the Court for the hearing of the Motion for Final Order.

Important factors that could cause actual results to differ materially from Colabor's expectations include, among other things: (i) any adjournement or rescheduling of the Meeting and (ii) any adjournement or rescheduling of the date set for hearing of the Motion for Final Order. It should be noted that this list of principal factors affecting forward looking information may not be exhaustive.

Unless otherwise indicated, the forward looking information in this document is made as of August 14, 2009 and, except as required by applicable law, will not be publicity updated or revised. This cautionary statement expressly qualifies the forward looking information in this document.

Contact Information

  • Colabor Income Fund
    Gilles C. Lachance
    President and Chief Executive Officer
    450-449-0026 ext. 265
    450-449-6180 (FAX)
    glachance@colabor.com
    or
    Colabor Income Fund
    Michel Loignon CA
    Vice-President & Chief Financial Officer
    450-449-0026 ext. 235
    450-449-6180 (FAX)
    mloignon@colabor.com