NOTICE REGARDING BAR DATE IN RESPECT OF ADMINISTRATION EXPENSE CLAIMS
21 June 2017
We refer to the notice published on the website www.emeanortel.com on 14 March 2017 (the "Notice").
In the Notice, the Joint Administrators informed creditors that an application would be heard by Mr Justice Snowden in the High Court on 6 June 2017. The Application was made in respect of all EMEA Nortel Companies other than Nortel Networks SA.
As referred to in the Notice, the Joint Administrators made an application for directions in relation to the proper distribution of the assets of the Company.
On 9 June 2017 Mr Justice Snowden gave directions which, in summary, enable the Joint Administrators:
|(a) to pay:|
|i.||those Expense Claims which are accepted by the Joint Administrators in the ordinary course of the administration and are included on a list of accepted Expense Claims (the “List of Accepted Expense Claims”), which has now been uploaded on to the website (and which is to be updated from time to time as required). A draft of the List of Accepted Expense Claims was set out in Schedule IV to Mr Alan Robert Bloom’s seventeenth witness statement;|
|ii.||any Expense Claim in respect of which a “Demand Form” is received by the Joint Administrators prior to the “Bar Date” (see further details below), if and to the extent that such Expense Claim is admitted by the Joint Administrators to be payable as an expense of the administration; and|
|ii.||any Expense Claim in respect of which a Demand Form is received by the Joint Administrators on or after the Bar Date (a "Late Expense Claim"), if and to the extent that such Late Expense Claim is admitted by the Joint Administrators to be payable as an expense of the administration, but without disturbing: (i) any distributions that have already been made (either to unsecured creditors or in respect of other Expense Claims); or (ii) any reserve already made in respect of any other (including any disputed) Expense Claim; and|
|(b)||to treat the balance of the assets of the Company, subject to such payments and/or reserve that they may have already made (see sub-paragraph (a) above), as thereafter being funds available for distribution to unsecured creditors.|
If you consider you have an Expense Claim and it has not been included on the List of Accepted Expense Claims, you should send the Joint Administrators a completed Demand Form (see the links at the bottom of the page), stating on what basis and in what amount you make that claim. Any Demand Form should be submitted as soon as possible and in any event it must be received by the Joint Administrators prior to the Bar Date. If a Demand Form is submitted after that date, the Expense Claim shall be treated as a Late Expense Claim, and it is possible that any such Late Expense Claim will not be paid.
Copies of the orders made by the Court in respect of each of the Companies and the judgment given by Mr Justice Snowden are provided in the links below.
The "Bar Date" for each of the Companies is as follows: