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In a surprising twist, Vancouver-based eco-friendly construction powerhouse Nexii Building Solutions Inc. has thrown its hat into the Chapter 15 ring in Delaware. Fueled by an ambitious expansion plan, the company seeks refuge under bankruptcy protection, grappling with a staggering $79 million secured debt and $5.6 million in trade debts.

A Green Dream Turns into a Financial Nightmare

Nexii, renowned for its innovative Nexiite material producing lightweight, recyclable, and energy-efficient wall panels, finds itself at a crossroads. Despite a headquarter in Vancouver and manufacturing hubs in Squamish and Moose Jaw, the majority of its 142-strong workforce resides in Canada, with a mere five working remotely in the U.S.

Nexii Building Files Ch.15 In Delaware : Unraveling the Financial Web

Nexii's U.S. bankruptcy plea is not just a legal maneuver but a strategic necessity. The Tucker declaration emphasizes that almost all the company's contracts are tied to U.S. projects. As the green giant attempted a growth spurt in 2021, funding flowed in from senior secured lenders – Powerscourt Investments XXV LP, Trinity Capital Inc., and Horizon Technology Finance Corp.

A Story of Unrealized Growth

The story takes an unexpected turn as Nexii's rapid expansion fails to meet expectations. Despite financial support from lenders, the company faces a daunting reality. The Tucker declaration reveals that soaring costs versus revenue left Nexii drowning in loan obligations, leading to a default in April 2023.

Nexii Building Files Ch.15 In Delaware  : Canadian Chess Moves

To navigate the financial maze, KSV Restructuring Inc. steps in as the monitor in the Canadian reorganization proceedings. Tasked with facilitating the sale of Nexii's assets, this move aims to inject new life into the beleaguered green construction giant.

Financial Resuscitation

In a bid to stay afloat, senior secured lenders commit up to $4.3 million in debtor-in-possession financing. Origin Merchant Partners takes the helm as the investment banker in the restructuring process, steering Nexii towards calmer financial waters.

The Cast of Affiliates

Chapter 15 petitions in Delaware aren't exclusive to Nexii Building Solutions Inc. Nexii Holdings Inc., Nexii Construction Inc., and NBS IP Inc., all affiliates in the Nexii family, join the legal saga. While Nexii Holdings Inc. employs five U.S.-based staff, Nexii Construction Inc. and NBS IP Inc. operate without any employees.

Nexii Building Files Ch.15 In Delaware  : Legal Showdown

The stage is set in Delaware, with U.S. Bankruptcy Judge J. Kate Stickles presiding over Nexii's fate. In Canada, Kibben Jackson of Fasken Martineau DuMoulin LLP steers the ship, while in Delaware, the debtors find representation in Steven W. Golden of Pachulski Stang Ziehl & Jones LLP.