ELDER RESTAURANT LIMITED

Registered office: C/O Harveys Insolvency & Turnaround Ltd, 2 Old Bath Road, Newbury, Berkshire, RG14 1QL

Principal trading address: Unit 3 & 4, 12-16 Blenheim Grove, London, SE15 4QL

Notice to the creditors of an insolvent company of the re-use of a prohibited name – Rule 22.4 of the Insolvency (England and Wales) Rules 2016

On 21st February 2024 the above-named company entered insolvent liquidation.

I, Matthew Bushnell, of Flat 1, 15 Spenser Road, London, SE24 0NS was a director of the company during the 5 years ending with the day before it went into liquidation. I give notice that it is my intention to act in one or more ways specified in s216(3) of the Insolvency Act 1986 (“The Act”) in connection with, or for the purposes of, carrying on the whole or substantially the whole of the business of the insolvent company under the following name: Levan Restaurant Limited trading as Levan

I would not otherwise be permitted to undertake those activities without the leave of the court or the application of an exception by the Rules made under The Act. Breach of the prohibition created by s216 of The Act is a criminal offence.

Rule 22.5 – Statement as to the effect of the notice under rule 22.4(2):

S216(3) of The Act lists the activities that a director of a company that has gone into insolvent liquidation may not undertake unless the court gives permission or there is an exception in the Insolvency Rules made under The Act (“The Rules”), including the exceptions in Part 22 of The Rules. These activities are:- a) Acting as a director of another company that is know by a name which is either the same as a name used by the company in insolvent liquidation in the 12 months before it entered liquidation or is so similar as to suggest an association with that company; b) Directly or indirectly being concerned or taking part in the promotion, formation or management of any such company; or c) Directly or indirectly being concerned in the carrying on of a business otherwise than through a company under a named of the kind mentioned in a) above. This notice is given under rule 22.4 of The Rules where the business of a company which is, or may go, into, insolvent liquidation is, or is to be, carried on otherwise than by the company in liquidation with the involvement of a director of that company and under the same or a similar name to that of the company.

The purpose of giving this notice is to permit the director to act in these circumstances where the company enters (or has entered) insolvent liquidation without the director committing a criminal offence and in the case of the carrying on of the business through another company being personally liable for that company’s debts.

Notice may be given where the person giving notice is already the director of a company which proposes to adopt a prohibited name.

Ag OJ122902