EastCoal Announces Creditor Approval of Proposal
23 4월 2014 - 10:00PM
Marketwired
EastCoal Announces Creditor Approval of Proposal
VANCOUVER, BRITISH COLUMBIA--(Marketwired - Apr 23, 2014) -
EastCoal Inc. (TSX-VENTURE:ECX.H)(AIM:ECX) ("EastCoal" or the
"Company") is pleased to announce that the Company's proposal to
its creditors (the "Proposal") pursuant to the Bankruptcy and
Insolvency Act (Canada) (the "BIA") was unanimously approved by the
creditors voting in person and by voting letter at the meeting of
creditors held on April 22, 2014.
Pursuant to the requirements of the BIA, the proposal trustee,
Deloitte Restructuring Inc. (the "Proposal Trustee") and the
Company intend to seek an order from the Supreme Court of British
Columbia approving the Proposal (the "Order"). Implementation of
the Proposal is subject to receipt of the Order and to satisfaction
or waiver of certain other conditions precedent set forth in the
Proposal.
Assuming satisfaction or waiver of the conditions within the
expected time frames, the Company anticipates implementing the
Proposal in June 2014.
The board of directors of the Company has decided to proceed
with the Proposal in order to allow the Company to continue as a
going concern while maximizing realizations to unsecured creditors
as compared to a bankruptcy of the Company.
In connection with the Proposal, the Company has entered into
conditional share subscription agreements with a group of
investors. This group of investors includes Abraham Jonker and John
Conlon (both of whom are directors of the Company) and Salida
Capital International Ltd. (who is an insider of the Company and
its largest shareholder). Subject to the conditions precedent
described above, such investors will acquire, on a private
placement basis, approximately a 95% of the Company's issued and
outstanding share capital on payment of an amount not less than
$700,000.
Following the closing of the Proposal, the following insiders
are expected to own or control the following percentages of the
Company's issued and outstanding share capital:
- Abraham Jonker - 6.6%;
- John Conlon - 13.4%; and
- Salida Capital International - 19.9%.
Because the Proposal involves the issuance of shares to certain
insiders of the Company, the Proposal will be a "related party
transactions" within the meaning of Multilateral Instrument 61-101
("MI 61-101") which is incorporated into rules of the NEX Exchange
through the TSX Venture Exchange ("TSX-V") Policy 5.9.
In conducting their review and approval process with respect to
the Proposal and the proposed issuance of the shares, the board of
directors of the Company determined that the distribution of an
information circular to shareholders, the preparation and
distribution of a formal valuation and the seeking of shareholder
approval for, and in connection with, the Proposal and the proposed
issuance of shares is not necessary under MI 61-101 because:
- for the purposes of Section 5.5(f) of MI 61-101 the Proposal is
to be effected under bankruptcy law and the Supreme Court of
British Columbia will be informed of the formal valuation
requirement of MI 61-101, and on that basis the Proposal and the
proposed issuance of the shares fall within an exemption from the
formal valuation requirement of Section 5.4 of MI 61-101; and
- for the purposes of Section 5.7(1)(d) of MI 61-101 the Proposal
is to be effected under bankruptcy law and the Supreme Court of
British Columbia will be informed of the minority approval
requirement of MI 61-101, and on that basis the Proposal and the
proposed issuance of the shares fall within an exemption to the
minority shareholder approval requirement of Section 5.6 of MI
61-101.
The shares (when issued pursuant to the Proposal) will be
subject to a four month hold period.
In connection with the Proposal, the Company will also be
proceeding with a share consolidation of its issued and outstanding
common shares subject to the receipt of the Order.
The consolidation is expected to be effective after the Proposal
has been completed. The consolidation is proposed to be on a ratio
of ten (10) pre-consolidation common shares to one (1)
post-consolidation common shares, consolidating the Company's
72,804,853 issued and outstanding common shares to 7,280,485 common
shares following the consolidation.
Inquiries regarding the Proposal and the BIA proceeding should
be directed to the Proposal Trustee (Paul Chambers +1 604 640
3368). A copy of the Proposal is available on the website of the
Proposal Trustee at www.deloitte.com/ca/eastcoal.
Neither the TSX Venture Exchange nor its Regulation Services
Provider (as that term is defined in the policies of the TSX
Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release.
EastCoal Inc.Abraham JonkerPresident+1 (604)
681-8069info@eastcoal.cawww.eastcoal.caCenkos Securities plcAlan
Stewart/Derrick Lee+44 (0) 131 220 6939
EastCoal (TSXV:ECX.H)
과거 데이터 주식 차트
부터 11월(11) 2024 으로 12월(12) 2024
EastCoal (TSXV:ECX.H)
과거 데이터 주식 차트
부터 12월(12) 2023 으로 12월(12) 2024