SUB-PART D – DEVELOPMENT AND APPROVAL OF CORPORATE RESCUE PLAN

(1) The corporate rescue practitioner, after consulting the creditors. other affected persons, and the management of the company, must prepare a corporate rescue plan for consideration and possible adoption at a meeting held in terms of section 143.

(2) The corporate rescue plan must contain all the information reasonably required to facilitate affected persons in deciding whether or not to accept or reject the plan, and must be divided into three Parts, as follows-
(a) part A-background, which must include at least-
(i) a complete list of all the material assets of the company, as well as an indication as to which assets were held as security by creditors when the corporate rescue proceedings began;
(ii) a complete list of the creditors of the company when the corporate rescue proceedings began. as well as an indication as to which creditors would qualify as secured, statutory preferent and concurrent in terms of the laws of insolvency, and an indication of which of the creditors have proved their claims;
(iii) the probable dividend that would be received by creditors, in their
specific classes, if the company were to be placed in liquidation;
(iv) a complete list of the holders of the company’s issued securities;
(v) a copy of the written agreement concerning the corporate rescue practitioner’s remuneration;
(vi) a statement whether the corporate rescue plan includes a proposal made informally by a creditor of the company;

(b) part B-proposals, which must include at least-
(i) the nature and duration of any moratorium for which the corporate rescue plan makes provision:
(ii) the extent to which the company is to be released from the payment of its debts, and the extent to which any debt is proposed to be converted to equity in the company, or another company;
(iii) the ongoing role of the company, and the treatment of any existing agreements;
(iv) the property of the company that is to be available to pay creditors’ claims in terms of the corporate rescue plan;
(v) the order of preference in which the proceeds of property will be applied to pay creditors if the corporate rescue plan is adopted;
(vi) the benefits of adopting the corporate rescue plan as opposed to the benefits that would be received by creditors if the company were to be placed in liquidation;
(vii) the effect that the corporate rescue plan \viii ha\e on the holders of each class of the company’s issued securities;

(c) part C-assumptions and conditions, which must include at least-
(i) a statement of the conditions that must be satisfied, if any, for the corporate rescue plan to-
A. come into operation; and
B. be fully implemented;
(ii) the effect, if any, that the corporate rescue plan contemplates on the number of employees, and their terms and conditions of employment;
(iii) the circumstances in which the corporate rescue plan will end;
(iv) a projected-
A. balance sheet for the company; and
B. statement of income and expenses for the ensuing three years, prepared on the assumption that the proposed corporate plan is adopted.

• According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue