(1) If a corporate rescue plan has been rejected as contemplated in section 144(3)(a) or (c)(ii)(B) the corporate rescue practitioner may—
(a) seek a vote of approval from the holders of voting interests to prepare and publish a revised plan; or
(b) advise the meeting that the company will apply to a Court to set aside the result of the vote by the holders of voting interests or shareholders, as the case may be, on the grounds that it was inappropriate.
(2) If the corporate rescue practitioner does not take any action contemplated in paragraph (a), any affected person or combination of affected persons present at the meeting may—
(a) call for a vote of approval from the holders of voting interests requiring the corporate rescue practitioner to prepare and publish a revised plan; or
(b) apply to the Court to set aside the result of the vote by the holders of voting interests or shareholders, as the case may be, on the grounds that it was inappropriate; or
(c) make a binding offer to purchase the voting interests of one or more persons who opposed adoption of the corporate rescue plan, at a value independently and expertly determined, on the request of the corporate rescue practitioner, to be a fair and reasonable estimate of the return to that person, or those persons, if the company were to be liquidated.
(3) If the corporate rescue practitioner, acting in terms of subsection (1)(b), or an affected person, acting in terms of subsection (2)(b), informs the meeting that an application will be made to the Court as contemplated in those provisions, the practitioner must adjourn the meeting—
(a) for five business days, unless the contemplated application is made to the Court during that time; or
(b) until the Court has disposed of the contemplated application.
(4) If, on the request of the corporate rescue practitioner in terms of subsection (1)(a), or a call by an affected person in terms of subsection (2)(a), the meeting directs the practitioner to prepare and publish a revised corporate rescue plan—
(a) the corporate rescue practitioner must—
(i) conclude the meeting after that vote; and
(ii) prepare and publish a new or revised corporate rescue plan within 10 business days; and
(b) the provisions of this Part apply afresh to the publishing and consideration of that new or revised plan.
- According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue