Meetings of Creditors
In the High Court of Justice, Business and Property Courts of England and Wales, Insolvency and Companies List (ChD)
No 003827 of 2024
WH OLDCO LTD
(Company Number 07014905)
Previous Name of Company: White Horse Energy Ltd
Registered office: 25 Farringdon Street, London, EC4A 4AB
Date notice delivered to the creditors: 4 September 2024
Notice of a physical meeting of creditors
A physical meeting of the creditors of the above company will be held on Monday 30 September 2024 at RSM UK LLP, 25 Farringdon Street, EC4A 4AB, at 11:00am for the purposes of considering the decisions set out below.
As a result of the requisite proportion of creditors requesting a physical meeting within the prescribed timescale, the original Qualifying Decision Procedure set out in the notice delivered on 22 August 2024 is superseded and will have no effect.
Decisions being sought
1. That the Joint Administrators` Proposals be approved
2. That a creditors` committee will not be established
3. That the Joint Administrators will be discharged from liability in respect of any action of theirs as Joint Administrators immediately following their cessation to act as Joint Administrators
Voting
If you are a proxy representing a body corporate or are intending to authorise a proxy to represent you at the meeting, then a PROXY FORM must be received at RSM UK Restructuring Advisory LLP, 25 Farringdon Street, London, EC4A 4AB before or at the meeting for it to be valid and counted. A proxy form detailing the decisions being considered is attached.
Further you must also have submitted a proof of debt form to the same address not later than 4.00pm on the business day before the meeting, and that proof of debt must be have been admitted for the purposes of entitlement to vote.
Secured Creditors
SECURED CREDITORS must give particulars of their security and its value if they wish to vote at the meeting. The value for voting purposes (unless they surrender their security) is the value of the unsecured part.
Opted out creditors
CREDITORS who have OPTED OUT from receiving notices may nevertheless vote if the creditor provides a proof of debt and voting form in accordance with the above provisions.
`Small debts`
CREDITORS whose debts are treated as a SMALL DEBT in accordance with Rule 14.31(1) of the Insolvency (England and Wales) Rules 2016 must still deliver a proof of debt if they wish to object. Rule 14.31(1) states that Office Holders may treat a debt, which is a small debt according to the accounting records or the statement of affairs of the company, as if it were proved for the purposes of paying a dividend. Small debts are defined in Rule 14.1(3) as a debt (being the total amount owed to a creditor) which does not exceed £1,000.
Remote attendance
Any creditor who wishes to attend the meeting remotely, ie participate in the meeting without actually being in in the place where the meeting is being held, should inform Anh Pham on Anh.Pham@rsmuk.co in advance of the meeting date. It is at the discretion of the convener of the meeting whether to permit a creditor to attend remotely.
Excluded creditors
A creditor who is permitted to attend the meeting remotely but is unable to do so, for the whole or part of the meeting, under the arrangements put in place by the convener of the meeting, ('an excluded creditor`), or a creditor who attends the meeting but who claims to have been adversely effected by the exclusion of the excluded creditor, may complain during the course of the meeting to the chair of the meeting, or after the meeting, to the convener. A complaint to the convener must be made no later than 4.00pm on the business day following the creditor`s exclusion or notice of exclusion.
An excluded creditor may request an indication of what occurred during the period of their exclusion. Any such request must be made as soon as reasonably practicable and no later than 4.00pm on the business day following the day on which the exclusion is claimed to have occurred.
Adjournment and suspension
The decision date for any decisions made at the meeting will be the date of the meeting ('the meeting date`) - unless the meeting is adjourned to a later date (which must not be later than 14 days after the meeting date).
The meeting may be suspended or adjourned at the discretion of the chair of the meeting - who must adjourn the meeting if it is so resolved by the meeting.
Appeals
A creditor who disagrees with the manner in which they are treated in relation to the above decision procedure may appeal to the Court within 21 days of the decision date, ie the meeting date.
Joint Administrator: Tom Straw (IP number 23850) of RSM UK Restructuring Advisory LLP, 25 Farringdon Street, London, EC4A 4AB.
Joint Administrator: Matthew Haw (IP number 9627) of RSM UK Restructuring Advisory LLP, 25 Farringdon Street, London, EC4A 4AB.
Date of Appointment: 28 June 2024
For further details contact Dimitra Argyriou on 0203 201 8000 or at restructuring.london.core@rsmuk.com
Dated: 4 September 2024
Tom Straw, Joint Administrator