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Paragraph 28

Rule 4.070 has effect as if for it (and its heading) there were substituted—

“Requisite majorities

4.070.
(1)

A decision to consent to a revised end date for a moratorium under Article 13CC of the Order is made if, of those voting—

(a)

a majority (in value) of the pre-moratorium creditors who are secured creditors vote in favour of the proposed decision, and

(b)

a majority (in value) of the pre-moratorium creditors who are unsecured creditors vote in favour of the proposed decision.

(2)

But a decision to consent to a revised end date for a moratorium under Article 13CC of the Order is not made if, of those voting, either—

(a)

a majority of the pre-moratorium creditors who are unconnected secured creditors vote against the proposed end date, or

(b)

a majority of the pre-moratorium creditors who are unconnected unsecured creditors vote against the proposed end date.

(3)

For the purposes of paragraph (2)—

(a)

a creditor is unconnected unless the convener or chair decides that the creditor is connected, and

(b)

the total value of the unconnected creditors is the total value of those unconnected creditors whose claims have been admitted for voting.”

Notes on Schedule 8

Modifications

C1

Sch. 8 applied (with modifications) (26.6.2020) by The Limited Liability Partnerships (Amendment etc.) Regulations 2020 (S.I. 2020/643), regs. 1(1), 6

C2

Sch. 8 applied (with modifications) (16.2.2021) by The Limited Liability Partnerships (Amendment etc.) Regulations 2021 (S.I. 2021/60), regs. 1(1), 7