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ENGLISH & AMERICAN INSURANCE COMPANY LIMITED

ENGLISH & AMERICAN INSURANCE COMPANY LIMITED

Published: 6 November 2023

 

 

IN THE HIGH COURT OF JUSTICE CR-2023-005956

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

INSOLVENCY AND COMPANIES LIST (ChD)

IN THE MATTER OF ENGLISH & AMERICAN INSURANCE COMPANY LIMITED

AND

IN THE MATTER OF THE COMPANIES ACT 2006

NOTICE IS HEREBY GIVEN that, by an order dated 3 November 2023 made in the above matter, the High Court of Justice of England and Wales has directed that separate meetings (the “Scheme Meetings”) be held of the Scheme Creditors (as defined in the proposed scheme of arrangement hereinafter mentioned) of the above-named company (“EAIC”) for the purpose of considering, and if thought fit, approving (with or without modification) the scheme of arrangement pursuant to Part 26 of the Companies Act 2006 proposed to be made between EAIC and its Scheme Creditors (the “Scheme”).

The Scheme Meetings are to be held on 19 December 2023 at the offices of Bryan Cave Leighton Paisner LLP, Governor’s House, 5 Laurence Pountney Hill, London EC4R 0BR, United Kingdom as follows:

• for Scheme Creditors in respect of claims which have been agreed or determined under the scheme of arrangement implemented by the Scheme Company in 1994 (“Existing Scheme ESLs”) at 2:00 p.m. (London time); and

• for Scheme Creditors in respect of all other Scheme Claims (as defined in the Scheme) at 2:15 p.m. (London time) or as soon as the meeting for the Scheme Creditors with Existing Scheme ESLs concludes or is adjourned.

All Scheme Creditors are requested to attend the relevant Scheme Meeting or Scheme Meetings, as applicable, either in person or by proxy. Scheme Creditors with both an Existing Scheme ESL and a Scheme Claim which does not relate to an Existing Scheme ESL are entitled to vote at both Scheme Meetings.

Scheme Creditors may vote in person at the Scheme Meetings or may appoint another person, whether a Scheme Creditor or not, as their proxy to attend and vote in their place. A form of proxy is included in the Voting Forms for use at the Scheme Meetings.

A copy of the text of the Scheme and a copy of the explanatory statement required to be provided pursuant to Part 26 of the Companies Act 2006 (the “Explanatory Statement”) as well as examples of blank Voting Forms may be obtained from the website at www.eaic.co.uk. Further copies may also be obtained by attending at, or on written application to, PRO Insurance Solutions Limited (“Pro”) at the address below.

Scheme Creditors are requested to send their Voting Forms to Pro either by: (a) mail to Stephanie Wilton, PRO Insurance Solutions Limited, Southgate House, Southgate Street, Gloucester, GL1 1UB, United Kingdom; or (b) email to stephanie.wilton@pro-global.com, to be received by 5:00 p.m. (London time) on 15 December 2023. An e-mailed copy of a Voting Form will only be accepted if legible. Voting forms may also be handed in at the registration desk prior to the commencement of the Scheme Meetings.

The Court has appointed Darryl Ashbourne of Interpath Advisory or failing him, Joshua Dwyer of Interpath Advisory or failing him, any other director of EAIC, to act as chairman of the Scheme Meetings and has directed the chairman to report the result of the Scheme Meetings to the Court.

If approved by the requisite majority of Scheme Creditors, the Scheme will be subject to the subsequent approval of the Court.

EAIC may, at the hearing of the application for sanction by the Court of the Scheme, consent on behalf of Scheme Creditors to any amendment to the Scheme or any terms or conditions which the Court may think fit to approve or impose.

For further information please contact Pro as follows:

Phone: +44 (0) 7795848215

Email: stephanie.wilton@pro-global.com

Dated 6 November 2023

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