IN THE MATTER OF THE SECURITIES ACT
R.S.O. 1990, c. S.5, AS AMENDED
- AND -
IN THE MATTER OF
ATLAS COLD STORAGE INCOME TRUST
AMENDED NOTICE OF HEARING
(Subsection 104(2) and section 127)
WHEREAS Eimskip Atlas Canada Inc., KingStreet Real Estate Growth LP No.2 and Avion Group HF (the “Applicants”) have requested that the Commission convene a hearing to consider whether it is in the public interest to order that trading cease in respect of the securities issued, or to be issued, in connection with the unitholder rights plan adopted by Atlas Cold Storage Income Trust (“Atlas”) on August 4, 2006;
AND WHEREAS on October 5, 2006, the Commission issued a notice that such a hearing would be held commencing on Thursday, October 12, 2006;
AND WHEREAS the Applicants have subsequently requested that the Commission convene a hearing to consider other matters in connection with the Applicants’ offer to acquire the outstanding units of Atlas;
TAKE NOTICE that the Commission will hold a hearing pursuant to subsection 104(2) and section 127 of the Act at the Commission’s offices at 20 Queen Street West, 17 th Floor Hearing Room, Toronto, Ontario commencing on Monday, October 16, 2006 at 10:00 a.m., or as soon as possible after that time, to consider whether the Commission should make an order under subsection 104(2) and/or section 127 of the Act, as the Commission deems appropriate;
AND TAKE FURTHER NOTICE that any party to the proceedings may be represented by counsel if he or she attends or submits evidence at the hearing; and
AND TAKE FURTHER NOTICE upon failure of any party to attend at the time and place set for the hearing, the hearing may proceed in the absence of that party and the party is not entitled to any further notice of the proceeding.
BY REASON OF the applications dated September 28, 2006 and October 5, 2006 filed by the Applicants with the Office of the Secretary of the Ontario Securities Commission.
DATED at Toronto, this 6 th day of October, 2006.
Secretary to the Commission