RESTRUCTURING OBJECTIVES. The purpose and objects of this Deed, in conjunction with each Related DOCA and the Restructuring Documents, are to: (a) maximise the chances of the Related DOCA Companies continuing as going concerns; (b) provide a better return to Group Creditors of the Group DOCA Companies as a whole than would result from an immediate winding up of those companies; (c) provide a continuation of the moratorium established upon the appointment of the Administrators and the Related Administrators; (d) provide for a quick, cost efficient and fair mechanism for the management of Proofs of Debt and the determination of the Group Creditor Claims; (e) reorganise the structure of the Group prior to the Restructuring Effective Date to ensure that on the Restructuring Effective Date the transfers contemplated by this Deed and the Related DOCAs can take place in an efficient manner; (f) provide for the transfer of material businesses owned by the Group to Opco and/or its nominee(s); (g) establish a process by which Holdco Facilities Commitments can be distributed to Admitted Group Creditors using the EPM to calculate their proportional claims against the Group DOCA Companies, taking into account the varying nature of each Group Creditor’s existing claims against the Group DOCA Companies; (h) allow for the repayment of amounts outstanding under the AFF Documents, including by distribution of the AFF Holdco Facilities Commitment Entitlements and AFF Cash Entitlements; (i) retrospectively authorise a Bar Date by which Group Creditors must submit a Proof of Debt in the Administration and the Related Administrations; (j) preserve Litigation Claims of the Group DOCA Companies, transfer the Assigned Related DOCA Claims from the Related DOCA Companies to the Deed Company and establish a process by which the Post-Restructuring Litigation Recoveries can be distributed to Admitted Group Creditors in accordance with the terms of this Deed and the Litigation Undertaking; (k) establish a regime to enable the Administrators, the Related Administrators, the Deed Administrators and the Related Deed Administrators to work co- operatively to achieve the Restructuring Objectives; and (l) grant all necessary and incidental powers to the Administrators, the Related Administrators, the Deed Administrators and the Related Deed Administrators to effect the Restructuring Objectives, (the “Restructuring Objectives”).
Appears in 19 contracts
Samples: Deed of Company Arrangement, Deed of Company Arrangement, Deed of Company Arrangement
RESTRUCTURING OBJECTIVES. The purpose and objects of this Deed, in conjunction with each Related Group DOCA and the Restructuring Documents, Documents are to:
(a) maximise the chances of the Deed Company and the Related DOCA Companies continuing as going concerns;
(b) provide a better return to Group Creditors of the Group DOCA Companies as a whole than would result from an immediate winding up of those companies;
(c) provide a continuation of the moratorium established upon the appointment of the Administrators and the Related Group Company Administrators;
(d) provide for a quick, cost efficient and fair mechanism for the management of Proofs of Debt and the determination of the Group Creditor Claims;
(e) reorganise the structure of the Group prior to the Restructuring Effective Date to ensure that on the Restructuring Effective Date the transfers contemplated by this Deed and the Related other Group DOCAs can take place in an efficient manner;
(f) provide for the transfer of material businesses owned by the Group to Opco and/or its nominee(s)) on or prior to the Restructuring Effective Date;
(g) establish a process by which Holdco Facilities Commitments can be distributed to Admitted Group Creditors using the EPM to calculate their proportional claims against the Group DOCA Companies, taking into account the varying nature of each Group Creditor’s existing claims against the Group DOCA Companies;
(h) allow for the repayment of amounts outstanding under the AFF Documents, including by distribution of the AFF Holdco Facilities Commitment Entitlements and AFF Cash Entitlements;
(i) retrospectively authorise a Bar Date by which Group Creditors must submit a Proof of Debt in the Administration and the Related Administrationseach Group Company Administration;
(j) preserve Litigation Claims certain litigation claims of the Group DOCA Companies, transfer certain Assigned Claims (as defined in this Deed and the Assigned relevant Related DOCA Claims DOCAs) from the Related DOCA Companies to the Deed Company LTD and establish a process by which the Post-Restructuring Litigation Recoveries can be distributed to Admitted Group Creditors in accordance with the terms of this Deed the LTD DOCA and the Litigation Undertaking;
(k) establish a regime to enable the Administrators, the Related Group Company Administrators, the Deed Administrators and the Related Group Company Deed Administrators to work co- co-operatively to achieve the Restructuring Objectives; and
(l) grant all necessary and incidental powers to the Administrators, the Related Group Company Administrators, the Deed Administrators and the Related Group Company Deed Administrators to effect the Restructuring Objectives, (the “Restructuring Objectives”).
Appears in 18 contracts
Samples: Deed of Company Arrangement, Deed of Company Arrangement, Deed of Company Arrangement
RESTRUCTURING OBJECTIVES. The purpose and objects of this Deed, in conjunction with each Related Group DOCA and the Restructuring Documents, Documents are to:
(a) maximise the chances of the Deed Company and the Related DOCA Companies continuing as going concerns;
(b) provide a better return to Group Creditors of the Group DOCA Companies as a whole than would result from an immediate winding up of those companies;
(c) provide a continuation of the moratorium established upon the appointment of the Administrators and the Related Group Company Administrators;
(d) provide for a quick, cost efficient and fair mechanism for the management of Proofs of Debt and the determination of the Group Creditor Claims;
(e) reorganise the structure of the Group prior to the Restructuring Effective Date to ensure that on the Restructuring Effective Date the transfers contemplated by this Deed and the Related other Group DOCAs can take place in an efficient manner;
(f) provide for the transfer of material businesses owned by the Group to Opco and/or its nominee(s)) on or prior to the Restructuring Effective Date and, in the case of the IVF Transaction, the IVF Stakeholder;
(g) establish a process by which Holdco Facilities Commitments can be distributed to Admitted Group Creditors using the EPM to calculate their proportional claims against the Group DOCA Companies, taking into account the varying nature of each Group Creditor’s existing claims against the Group DOCA Companies;
(h) allow for the repayment of amounts outstanding under the AFF Documents, including by distribution of the AFF Holdco Facilities Commitment Entitlements and AFF Cash Entitlements;
(i) retrospectively authorise a Bar Date by which Group Creditors must submit a Proof of Debt in the Administration and the Related Administrationseach Group Company Administration;
(j) preserve Litigation Claims certain litigation claims of the Group DOCA Companies, transfer certain Assigned Claims (as defined in this Deed and the Assigned relevant Related DOCA Claims DOCAs) from the Related DOCA Companies to the Deed Company LTD and establish a process by which the Post-Restructuring Litigation Recoveries can be distributed to Admitted Group Creditors in accordance with the terms of this Deed the LTD DOCA and the Litigation Undertaking;
(k) establish a regime to enable the Administrators, the Related Group Company Administrators, the Deed Administrators and the Related Group Company Deed Administrators to work co- co-operatively to achieve the Restructuring Objectives; and
(l) grant all necessary and incidental powers to the Administrators, the Related Group Company Administrators, the Deed Administrators and the Related Group Company Deed Administrators to effect the Restructuring Objectives, (the “Restructuring Re structuring Objectives”).
Appears in 2 contracts
Samples: Deed of Company Arrangement, Deed of Company Arrangement
RESTRUCTURING OBJECTIVES. The purpose and objects of this Deed, in conjunction with each Related DOCA and the Restructuring Documents, are to:
(a) maximise the chances of the Related DOCA Companies continuing as going concerns;
(b) provide a better return to Group Creditors of the Group DOCA Companies as a whole than would result from an immediate winding up of those companies;
(c) provide a continuation of the moratorium established upon the appointment of the Administrators and the Related Administrators;
(d) provide for a quick, cost efficient and fair mechanism for the management of Proofs of Debt and the determination of the Group Creditor Claims;
(e) reorganise the structure of the Group prior to the Restructuring Effective Date to ensure that on the Restructuring Effective Date the transfers contemplated by this Deed and the Related DOCAs can take place in an efficient manner;
(f) provide for the transfer of material businesses owned by the Group to Opco and/or its nominee(s)) and, in the case of the IVF Transaction, the IVF Stakeholder;
(g) establish a process by which Holdco Facilities Commitments can be distributed to Admitted Group Creditors using the EPM to calculate their proportional claims against the Group DOCA Companies, taking into account the varying nature of each Group Creditor’s existing claims against the Group DOCA Companies;
(h) allow for the repayment of amounts outstanding under the AFF Documents, including by distribution of the AFF Holdco Facilities Commitment Entitlements and AFF Cash Entitlements;
(i) retrospectively authorise a Bar Date by which Group Creditors must submit a Proof of Debt in the Administration and the Related Administrations;
(j) preserve Litigation Claims of the Group DOCA Companies, transfer the Assigned Related DOCA Claims from the Related DOCA Companies to the Deed Company and establish a process by which the Post-Restructuring Litigation Recoveries can be distributed to Admitted Group Creditors in accordance with the terms of this Deed and the Litigation Undertaking;
(k) establish a regime to enable the Administrators, the Related Administrators, the Deed Administrators and the Related Deed Administrators to work co- operatively to achieve the Restructuring Objectives; and
(l) grant all necessary and incidental powers to the Administrators, the Related Administrators, the Deed Administrators and the Related Deed Administrators to effect the Restructuring Objectives; and
(m) effect the IVF Transaction, (the “Restructuring Objectives”).
Appears in 1 contract
Samples: Deed of Company Arrangement
RESTRUCTURING OBJECTIVES. The purpose and objects of this Deed, in conjunction with each Related DOCA and the Restructuring Documents, are to:
(a) maximise the chances of the Related DOCA Companies continuing as going concerns;
(b) provide a better return to Group Creditors of the Group DOCA Companies as a whole than would result from an immediate winding up of those companies;
(c) provide a continuation of the moratorium established upon the appointment of the Administrators and the Related Administrators;
(d) provide for a quick, cost efficient and fair mechanism for the management of Proofs of Debt and the determination of the Group Creditor Claims;
(e) reorganise the structure of the Group prior to the Restructuring Effective Date to ensure that on the Restructuring Effective Date the transfers contemplated by this Deed and the Related DOCAs can take place in an efficient manner;
(f) provide for the transfer of material businesses owned by the Group to Opco and/or its nominee(s)) and, in the case of the IVF Transaction, the IVF Stakeholder;
(g) establish a process by which Holdco Facilities Commitments can be distributed to Admitted Group Creditors using the EPM to calculate their proportional claims against the Group DOCA Companies, taking into account the varying nature of each Group Creditor’s existing claims against the Group DOCA Companies;
(h) allow for the repayment of amounts outstanding under the AFF Documents, including by distribution of the AFF Holdco Facilities Commitment Entitlements and AFF Cash Entitlements;
(i) retrospectively authorise a Bar Date by which Group Creditors must submit a Proof of Debt in the Administration and the Related Administrations;
(j) preserve Litigation Claims of the Group DOCA Companies, transfer the Assigned Related DOCA Claims from the Related DOCA Companies to the Deed Company and establish a process by which the Post-Restructuring Litigation Recoveries can be distributed to Admitted Group Creditors in accordance with the terms of this Deed and the Litigation Undertaking;
(k) establish a regime to enable the Administrators, the Related Administrators, the Deed Administrators and the Related Deed Administrators to work co- operatively to achieve the Restructuring Objectives; and
(l) grant all necessary and incidental powers to the Administrators, the Related Administrators, the Deed Administrators and the Related Deed Administrators to effect the Restructuring Objectives,; and (m) effect the IVF Transaction, (the “Restructuring Objectives”).
Appears in 1 contract
Samples: Deed of Company Arrangement