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Notice

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Corporations Act 2001
Subsection 439A(1)
Insolvency Practice Rules (Corporations) 2016 s75-40(1)

NOTICE OF SECOND MEETING OF CREDITORS OF COMPANY UNDER ADMINISTRATION

Company details

Company: AVRWA Pty Ltd (Administrators Appointed)
ACN: 631 758 266
Company: Avid Water Pty Ltd (Administrators Appointed)
ACN: 631 758 382
Status: Administrators Appointed
Appointed: 09 November 2021

Meeting details

Notice is given that a second meeting of the creditors of the Company, or a second meeting for each of the Companies, (for multiple companies), will be held:

Location: KPMG
Level 8
235 St Georges Terrace
PERTH WA 6000
Meeting date: 14 December 2021
Meeting time: 11:00AM AWST (Registration starts 10:30am)

(If multiple companies, see special instructions for meeting times)

Agenda

The purpose of the meeting(s) is:

  1. to receive the report by the Administrator(s) about the business, property, affairs and financial circumstances of the Company(ies); and
  2. to receive a statement of Administrator(s) opinion and reasons for the opinion:
    1. whether it would be in the creditors' interests for the Company(ies) to execute a deed of company arrangement;
    2. whether it would be in the creditors' interests for the administration to end;
    3. whether it would be in the creditors' interests for the company to be wound up;
  3. to receive a statement of such other information known to the administrator as will enable the creditors to make an informed decision about the matters at paragraphs 2(a) – (c) above;
  4. to receive details of any transactions that appear to the Administrator(s) to be a voidable transaction in respect of which money, property, or other benefits may be recoverable by a liquidator under part 5.7B of the Act
  5. to receive details of any proposed deed of company arrangement; and
  6. for the creditors of the Company(ies) to resolve that:
    1. the Company(ies) execute a deed of company arrangement; or
    2. the administration(s) should end; or
    3. the Company(ies) be wound up.

Other agenda items are:

    1. To fix the remuneration and internal disbursements of the Administrators.
    2. If it is resolved that the Companies be wound up, and an alternate Liquidator is proposed, consider whether creditors wish to appoint the alternate Liquidator.
    3. If it is resolved that the Companies be wound up, consider whether a Committee of Inspection is to be appointed, and if so, the members of that Committee.
    4. If it is resolved that the Companies be wound up, consider whether, subject to obtaining the approval of the Australian Securities & Investments Commission (ASIC) pursuant to Section 70-35 of Schedule 2 to the Act, the books and records of the Companies and of the Liquidators may be disposed of by the Liquidators 12 months after the dissolution of the Companies or earlier at the discretion of ASIC.
    5. If it is resolved that the Companies be wound up, to fix the remuneration and internal disbursements of the Liquidators.
    6. Any other business that may be lawfully brought forward.

    Proof of debt and proxies

    Creditors wishing to attend are advised proofs and proxies are to be submitted to the Administrator by:

    Time: 4:00PM AWST
    Date: 13 December 2021

    Special instructions

    We will be using the Creditors Portal to conduct a poll for all resolutions put forward at the Second Meeting of creditors. Creditors wishing to vote will be required to log in the Creditors Portal before voting starts.

    Virtual Meeting Technology

    Creditors wishing to attend the meeting using virtual meeting technology are advised they can use the following facility to attend the meeting:

    Facility Number: Upon request
    Password: Upon request


    Date of Notice: 06 December 2021

    Matthew Woods
    Joint Administrator

    Clint Joseph
    Joint Appointees

    Address KPMG
    Level 8, 235 St Georges Terrace
    PERTH WA 6000
    Contact person Nicholas Jones
    Contact number +61 8 9413 7917
    Facsimile +61 8 9263 7129
    Email avidcreditors@kpmg.com.au
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