No. 7/2018
INSOLVENCY
Cap.6:07
FOURTH SCHEDULE (Section 142(2))
Contents of Proposed Rescue Plan
Part A-background, which must include at least(vii) a complete list of all the material assets of the company, as well as
an indication as to which assets were held as security by creditors
when the corporate rescue proceedings began;
(viii) a complete list of the creditors of the company when the corporate
rescue proceedings began, as well as an indication as to which
creditors would qualify as secured, statutory preferent and
concurrent in terms of the laws of insolvency, and an indication of
which of the creditors have proved their claims;
(ix) the probable dividend that would be received by creditors, in their
specific classes, if the company were to be placed in liquidation;
(x) a complete list of the holders of the company's issued securities;
(xi) a copy of the written agreement concerning the corporate rescue
practitioner's remuneration;
(xii) a statement whether the corporate rescue plan includes a proposal
made informally by a creditor of the company.
(d)
Part B-proposals, which must include at least(viii) the nature and duration of any moratorium for which the corporate
rescue plan makes provision;
(ix) the extent to which the company is to be released from the payment
of its debts, and the extent to which any debt is proposed to be
converted to equity in the company, or another company;
(x) the ongoing role of the company, and the treatment of any existing
agreements;
(xi) the property of the company that is to be available to pay creditors'
claims in terms of the corporate rescue plan;
(xii) the order of preference in which the proceeds of property will be
applied to pay creditors if the corporate rescue plan is adopted;
(xiii) the benefits of adopting the corporate rescue plan as opposed to the
benefits that would be received by creditors if the company were
to be placed in liquidation;
(vii) the effect that the corporate rescue plan will have on the holders of
each class of the company's issued securities.
(e)
Part C-assumptions and conditions, which must include at least(v) a statement of the conditions that must be satisfied, if any, for
the corporate rescue plan to come into operation and be fully
implemented;
(vi) the effect, if any, that the corporate rescue plan contemplates
on the number of employees, and their terms and conditions of
employment;
(vii) the circumstances in which the corporate rescue plan will end;
(viii) a projected-
C.
balance sheet for the company; and
D.
statement of income and expenses for the ensuing three years,
prepared on the assumption that the proposed corporate plan
is adopted.
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