To: Author51 who wrote (2415 ) 11/11/1997 11:02:00 AM From: Mr Lockey Read Replies (1) | Respond to of 6076
November 11, 1997 BCSC Re: Lawrence Steve Kostiuk BRITISH COLUMBIA SECURITIES COMMISSION ("BCSC,BCSOB,SOB") EVERGREEN INTERNATIONAL TECHNOLOGY INC ("EGN-V") JOT-IT! SOFTWARE CORP ("JOT-V") - BCSC Re: Lawrence Steve Kostiuk IN THE MATTER OF THE SECURITIES ACT R.S.B.C. 1996, c. 418 AND IN THE MATTER OF LAWRENCE STEVE KOSTIUK Variation Order Under Section 171 WHEREAS on October 26, 1994 an Order (the "Cease Trade Order") under Section 146 of the Securities Act, S.B.C. 1985, c. 83 (the "Prior Act") was made by the Acting Deputy Superintendent of Brokers prohibiting Lawrence Steve Kostiuk from trading in the securities of Evergreen International Technology Inc. (now Jot-it! Software Corp.)(the "Issuer") ; AND WHEREAS Deloitte & Touche Inc., the Trustee in Bankruptcy of Lawrence Steve Kostiuk (the "Applicant") has made an application to the Executive Director under Section 171 of the Securities Act, R.S.B.C. 1996, c. 418 (the "Act") for a partial revocation of the Cease Trade Order to enable the sale by the Applicant of all the shares of the Issuer held by Lawrence Steve Kostiuk; AND WHEREAS the Applicant has represented to the Executive Director that: 1. The common shares of the Issuer are listed on the Vancouver Stock Exchange; 2. Lawrence Steve Kostiuk is a Bankrupt (the "Bankrupt") as that term is defined in the Bankruptcy and Insolvency Act (Canada) (the "Bankruptcy Act") , having been petitioned into bankruptcy by a Receiving Order made by Master Tokarek on May 16,1997; 3. The Bankrupt is the registered holder of 533,294 common shares of the Issuer; 4. The Applicant has entered into an Agreement dated July 7, 1997 with J. Gilbert Johnston, H. Richie-Clark, Ferguson Gifford and Lang Michener Lawrence & Shaw for the sale of 173,694 shares represented by Certificate No. A171 in the Issuer, which is registered in the name of the Bankrupt; 5. The Cease Trade Order was issued against the Bankrupt for failing to file the insider reports required to be filed under Section 70(4) of the Prior Act; 6. The Bankrupt is no longer an insider of the Issuer; and 7. The proposed trade will facilitate the administration of the estate of the Bankrupt; AND WHEREAS the Executive Director considers that to make the following Order would not be prejudicial to the public interest; IT IS ORDERED under Section 171 of the Act that the Cease Trade Order be partially revoked for the sole purpose of allowing the sale of 173,694 shares of the Issuer registered in the name of the Bankrupt, provided that trades of the shares are completed as soon as practical and, in any event, not later than 60 days from the date of this Order. DATED at Vancouver, British Columbia, on October 28, 1997. TEL: (604) 899-6500 British Columbia Securities Commission FAX: (604) 899-6506 Paul C. Bourque, Executive Director REF: Evergreen International Technology Inc. REF: Jot It! Software Corp REF: Lawrence Steve Kostiuk