SCHEDULES

F3SCHEDULE A1MORATORIUM WHERE DIRECTORS PROPOSE VOLUNTARY ARRANGEMENTF1

Annotations:
Amendments (Textual)
F1

mod. by SR 2004/307

PART VCONSIDERATION AND IMPLEMENTATION OF VOLUNTARY ARRANGEMENT

Approval of voluntary arrangement

41

1 F2

The meetings summoned under paragraph 39 shall decide whether to approve the proposed voluntary arrangement (with or without modifications).

2

The modifications may include one conferring the functions proposed to be conferred on the nominee on another person qualified to act as an insolvency practitionerF8... in relation to the voluntary arrangement.

3

The modifications shall not include one by virtue of which the proposal ceases to be a proposal such as is mentioned in Article 14.

4

A meeting summoned under paragraph 39 shall not approve any proposal or modification which affects the right of a secured creditor of the company to enforce his security, except with the concurrence of the creditor concerned.

5

Subject to sub-paragraph (6), a meeting so summoned shall not approve any proposal or modification under which—

a

any preferential debt of the company is to be paid otherwise than in priority to such of its debts as are not preferential debts, F9...

F5aa

any ordinary preferential debt of the company is to be paid otherwise than in priority to any secondary preferential debts that it may have,

b

a preferential creditor of the company is to be paid an amount in respect of F6an ordinary preferential debt that bears to that debt a smaller proportion than is borne to F4another ordinary preferential debt by the amount that is to be paid in respect of that other debt, F10or

c

a preferential creditor of the company is to be paid an amount in respect of a secondary preferential debt that bears to that debt a smaller proportion than is borne to another secondary preferential debt by the amount that is to be paid in respect of that other debt.

6

The meeting may approve such a proposal or modification with the concurrence of the preferential creditor concerned.

7 F2

The directors of the company may, before the beginning of the period of 7 days which ends with the meetings (or either of them) summoned under paragraph 39 being held, give notice to the nominee of any modifications of the proposal for which the directors intend to seek the approval of those meetings.

8

References in this paragraph to preferential debts F7, ordinary preferential debts, secondary preferential debts and preferential creditors are to be read in accordance with Article 346.