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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: Ten Network Holdings Limited
ACN: 081 327 068
Company: The Ten Group Pty Limited
ACN: 057 564 708
Company: Network Ten Pty Limited
ACN: 052 515 250
Company: Network Ten (Sydney) Pty Limited
ACN: 008 664 962
Company: Network Ten (Brisbane) Pty Limited
ACN: 050 148 537
Company: Network Ten (Melbourne) Pty Limited
ACN: 008 664 953
Company: Network Ten (Perth) Pty Limited
ACN: 009 108 614
Company: Network Ten (Adelaide) Pty Limited
ACN: 007 577 666
Company: Caprice Pty Limited
ACN: 008 655 847
Company: Chartreuse Pty Limited
ACN: 008 655 874
Company: Television & Telecasters (Properties) Pty Limited
ACN: 050 690 161
Company: Ten Online Pty Limited
ACN: 089 829 667
Company: Ten Ventures Pty Limited
ACN: 089 830 759
Company: Ten Employee Share Plans Pty Limited
ACN: 082 736 150
Status: Administrators Appointed
Secondary Status: Receiver & Manager Appointed
Appointed: 14 June 2017

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: Sydney Harbour Marriott, 30 Pitt Street, Sydney NSW 2000
Meeting date: 19 September 2017
Meeting time: 11:00am AEST

(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:

    The following resolutions will be considered:

    a.For creditors of Network Ten Pty Limited: That, in accordance with Section 80-55(3) of Schedule 2 of the Corporations Act, the members of the Network Ten Committee of Creditors (or a related entity of those members) are permitted to continue dealing with Network Ten and its creditors on a business as usual basis during the period of the Voluntary Administration of Network Ten.

    b.If the Ten Group companies resolve to execute a Deed of Company Arrangement, That a Committee of Inspection be formed comprising representatives as determined by creditors of Ten Group as a whole and that the Committee of Inspection have the powers and functions as if the Committee was a Committee of Inspection for a single company.

    c.That, in accordance with Section 80-55(3) of Schedule 2 of the Corporations Act, the members of the DOCA committee of Inspection (or a related entity of those members) are permitted to continue dealing with the Company and its creditors on a business as usual basis during the period of the Deed of Company Arrangement.

    d.That the Deed Administrators be allowed to be reimbursed for staff per diem allowances and staff travel allowances paid to staff at the rates as set out in accordance with the schedule titled KordaMentha Rates-National-FY18, which was attached as Appendix 13 to the report to creditors dated 4 September 2017, during the period of the DOCA, as incurred, but to a maximum amount of $15,000.

    Proof of debt and proxies

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

    Time: 5:00pm AEST
    Date: 15 September 2017


    Date of Notice: 11 September 2017

    Jennifer Anne Nettleton
    Administrator

    Mark Korda Jarrod Villani
    Joint Appointees

    Address KordaMentha
    GPO Box 2523
    SYDNEY NSW 2001
    Contact person Link Market Services
    Contact number 1300 853 816
    Facsimile 02 9287 0309
    Email tengroup@linkmarketservices.com.au

    Previous version of notice:


       04/09/2017

       05/09/2017
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