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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: IQX Limited
ACN: 155 518 380
Status: Administrators Appointed
Appointed: 10 March 2022

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: by Teleconference
Meeting date: 12 July 2022
Meeting time: 2.30pm 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:

    1. To consider the Report and Statement by the Administrators pursuant to Insolvency Practice Rules (Corporations) 2016 ("IPR") rule 75-225(3)

    2. To consider and resolve one of the following proposals for the company's future:
    (a) That the company enters into a Deed of Company Arrangement pursuant to Section 439C(a) of the Corporations Act;
    (b) That the administration end, pursuant to Section 439C(b); or
    (c) That the company be wound up pursuant to Section 439C(c).
    (d) That the meeting be adjourned.

    3. To consider and approve:
    The remuneration of the Administrators of the company up to the date of the execution of the Deed if one is accepted by creditors, or alternatively up to the date of the appointment of a Liquidator.
    The remuneration is to be fixed, in respect of the Administrators and their employees, at the hourly rates of the Administrators' firm consistent with practice statements issued by the Australian Restructuring Insolvency and Turnaround Association ("ARITA"); and that the Administrator shall be authorised to draw such remuneration from time to time from monies held by them as Administrators. The remuneration is subject to an interim cap or limit, to be detailed at the creditors' meeting.
    In addition to remuneration charged on a time basis, creditors will be asked to consider and approve a further fixed fee remuneration charge of $950.00 per annum, excluding GST, for each administration, to reflect the compulsory levies imposed by ASIC on insolvency practitioners.

    4. To confirm the appointment of the Voluntary Administrators as Liquidators of the company, in the event that a resolution is passed that the company be wound up.

    5. To confirm the appointment of the Voluntary Administrators as Deed Administrators of the company, in the event that a resolution is passed that the DOCA be accepted.

    6. To consider and approve:
    The remuneration of the Deed Administrators/Liquidators from the date of execution of the Deed, if accepted, to termination of the Deed or from the date of liquidation to completion. The remuneration is to be fixed in respect of the Deed Administrators/Liquidators and their employees at the hourly rates of the Deed Administrators/Liquidators' firm consistent with practice statements issued by the Australian Restructuring Insolvency and Turnaround Association ("ARITA"); and that the Deed Administrators/Liquidators shall be authorised to draw such remuneration from time to time from monies held by them as Deed Administrators/Liquidators. The above remuneration is subject to a cap or limit, to be detailed at the creditors' meeting.
    In addition to remuneration charged on a time basis, creditors will be asked to consider and approve a further fixed fee remuneration charge of $950.00 per annum, excluding GST, for each administration, to reflect the compulsory levies imposed by ASIC on insolvency practitioners.

    7. In the event that a resolution is passed that the company be wound up, to consider and if thought fit authorise the destruction of the books and records following deregistration of the company, subject to the consent of the Australian Securities and Investments Commission.

    8. To consider any matter which may be properly brought before the meeting.

    Proof of debt and proxies

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

    Time: 4pm
    Date: 11 July 2022

    Special instructions

    Electronic facilities

    Electronic facilities will be made available at the meeting via teleconference. To access those facilities, you need the following:

    Dial Sydney (02 9696 0706) or National (1300 254 410)
    Enter guest code 6941197 followed by the hash (#) key

    Forms of proxy and proof of debt are included with this notice of meeting, and must be lodged with the Administrators no later than 11 July 2022 at 4:00PM. Forms can be sent by email to Maureen Lowanda at iqgroup@dvtgroup.com.au or posted to dVT Group at PO Box 9500, Harris Park NSW 2150.

    Voting at the meeting will be conducted via a poll.

    If you will be attending the meeting but wish to record a vote in advance of the meeting you may do so by notifying Maureen Lowanda at iqgroup@dvtgroup.com.au with details of your vote(s).

    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: Dial Sydney (02 9696 0706) or National (1300 254 410)
    Password: Enter guest code 6941197 followed by the hash (#) key


    Date of Notice: 06 July 2022

    Mark Robinson - Joint & Several
    Administrator

    Mark Robinson and Antony Resnick
    Joint Appointees

    Address de Vries Tayeh
    110 Harris Street,
    Harris Park NSW 2150
    Contact person Maureen Lowanda
    Contact number 02 9633 3333
    Facsimile 02 9633 3040
    Email mail@dvtgroup.com.au

    Previous version of notice:


       05/07/2022
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