Petitions to Transfer Business
In the High Court of Justice (Chancery Division)
Companies Court No 7314 of 2011
In the Matter of EGG BANKING PLC
and
In the Matter of YORKSHIRE BUILDING SOCIETY
and
In the Matter of PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
NOTICE
Notice is hereby given that by a Part 8 claim form dated 18 August 2011, Egg Banking plc and Yorkshire Building Society applied to the High Court of Justice for an Order under section 111 of the Financial Services and Markets Act 2000 (the “ Act ”) sanctioning a scheme (the “ Scheme ”) for the transfer to Yorkshire Building Society of the business of Egg Banking plc consisting of the Business Assets and Assumed Liabilities (each as defined in the Scheme), and for the making of ancillary provisions in connection with the implementation of the Scheme under section 112 of the Act.
The business to be transferred pursuant to the Scheme comprises Egg and Pi branded mortgages, and Egg customer deposits. Such business will include applicable third party guarantees and other forms of security which will therefore be transferred to Yorkshire Building Society pursuant to the Scheme. Certain litigation related to the Business Assets and Assumed Liabilities will also be transferred, and parties to such transferred litigation will be notified individually following the transfer.
The application is directed to be heard before the Companies Court Judge at the Royal Courts of Justice, Strand, London WC2A 2LL on 25 October 2011. Any person (including any customer of Egg Banking plc or Yorkshire Building Society) who considers that he or she would be adversely affected by the carrying out of the Scheme may appear at the time of the hearing in person or by Counsel or Solicitor Advocate. Any person who intends so to appear, or who objects to the Scheme but does not intend so to appear, is requested to give prior notice in writing no later than 19 October 2011 of such intention or objection, and the reasons therefor, to Hogan Lovells International LLP, the solicitors for Egg Banking plc (Ref: C4JDB), at the address set out below.
Copies of a statement setting out a summary of the terms of the Scheme and a copy of the Scheme can be obtained free of charge at any time until the making of an order sanctioning the Scheme from Egg Banking plc, from its website at www.egg.com, and by writing to the Egg Scheme Team, Egg Banking plc, Riverside Road, Pride Park, Derby, DE99 3GG, by sending a request using the Egg secure message service or by telephoning 0845 366 5609. Copies are also available free of charge from Yorkshire Building Society, from its website at www.ybs.co.uk, by email at ybsscheme@ybs.co.uk or by writing for the attention of the Group Secretary to Yorkshire Building Society, Yorkshire House, Yorkshire Drive, Bradford BD5 8LJ or by telephone on 0845 166 9333.
Dated: 2 September 2011
Hogan Lovells International LLP, Atlantic House, Holborn Viaduct, London EC1A 2FG
Tel: +44 (0) 20 7296 2000 Fax: +44 (0) 20 7296 2001
Email: eggscheme@hoganlovells.com
Solicitors for Egg Banking plc