Examples of Headcount Test in a sentence
As for meetings held under s 227X read with s 210 of the Act, a Headcount Test did not apply and thus no issues regarding headcount arose (see [23(b)] and [24(b)] above).
In meetings held under s 227X read with s 210 of the Act in the judicial management of Swiber, the issue did not arise because a Headcount Test did not apply (see [23(b)] above).
I address this at [45] below.) By contrast, a Headcount Test applied to meetings called by the Judicial Managers for the approval of their statement of proposals, by virtue of s 227N(2) of the Act which stated that approval of the judicial manager’s statement of proposals was to be by a “majority in number and value” [emphasis added] of creditors voting at creditors’ meetings held under ss 227M–227N of the Act.
PAF reserves the right to apply to the Court at the Second Court Hearing to approve the Scheme even if the Headcount Test is not satisfied.
The Court has a statutory discretion to disregard the Headcount Test for the purpose of the Scheme Meeting.