MICLYN EXPRESS OFFSHORE PTE. LTD.
$150,000,000 8.75% Senior Secured Guaranteed Bonds due 2018
BONDHOLDERS’ INFORMATION SITE
You are about to enter a website containing information and documents relating to the scheme of arrangement sanctioned by the High Court of the Republic of Singapore on 8 June 2020 relating to the US$150,000,000 8.75 per. cent. senior secured guaranteed bonds due 2018 (ISIN XS1311942426) issued by Miclyn Express Offshore Pte Ltd (“Bonds”) under the Companies Act (Cap. 50) (“Scheme”) involving each of the following companies:
1. Company name: MICLYN EXPRESS OFFSHORE PTE LTD
Registration number: Singapore UEN No. 199206761W
2. Company name: MICLYN EXPRESS OFFSHORE LIMITED
Registration number: Bermuda Company Registration No. 42388
3. Company name: MEO FINANCE COMPANY LIMITED
Registration number: Bermuda Company Registration No. 40780
(collectively, the “Scheme Companies”)
The website contains, among other things, a proof of debt form (“Proof of Debt”) and a KYC documentation form (“KYC Documentation Form”) for use in connection with claiming entitlements under the Scheme.
Please note that the Proof of Debt and KYC Documentation Form will be available only until 5.00pm on 22 December 2020 (Singapore time). Any forms that were started but not submitted prior to that time will be reset and all data will be lost.
To be eligible to receive the entitlements under the Scheme, all Bondholders who have previously filed Proof of Debt must now file their duly completed KYC Documentation Form, which must be received by Lynchpin Bondholder Management (“Information Agent”) by 5.00 pm, Singapore time on 22 December 2020 (“Cut-Off Date”). Any party claiming to be a Bondholder who has not previously filed a Proof of Debt must file one before the Cut-Off Date together with their duly completed KYC Documentation Form. Please note all forms are available on the Lynchpin website.
Under Clause 12.6 of the Scheme, any person who fails to provide a duly completed Proof of Debt in respect of his Scheme Claim by the Cut-Off Date shall not be entitled to receive the Bondholder Cash Payout(s) or Bondholder Shares.
For the avoidance of doubt, Bondholders whose Account Holders have submitted Proofs of Debt with Blocking Instructions for the purpose of voting on the Scheme, do not need to resubmit a Proof of Debt but must submit a duly completed KYC Documentation Form by the Cut-Off Date. Under Clause 10 of the Scheme, any Bondholder who fails or is unable to make the Securities Law Representations in the KYC Documentation Form shall not be entitled to receive any Bondholder Shares.
This website has been established solely for the convenience of:
(a) persons owning a beneficial interest as principal in the Bonds through the relevant clearing systems at the Record Time (“Bondholders”),
(b) persons who are recorded in the books of a relevant clearing system as being a holder of a book-entry interest in the Bonds in an account with such clearing system (“Clearing System”) or, as the context may require, is or was recorded in such books as being such a holder of the Bonds in such an account at the Record Time (“Account Holders”), and
(c) persons who hold an interest in the Bonds on behalf of another person or persons but which interest is not held as an Account Holder (“Intermediaries”).
For the purposes of the Scheme, you will be a Bondholder if you hold a beneficial interest as principal in the Bonds, whether through an Account Holder or Intermediary. You are an Account Holder in respect of an interest in the Bonds held through the Clearing Systems if you are recorded as holding a book-entry interest in the Bonds in an account with any of the Clearing Systems or, as the context requires, are or were recorded as holding such an interest in such account at the Record Time. Account Holders consist of those persons holding securities accounts with Euroclear Bank S.A. / N.V and/or Clearstream Banking S.A.. You are an Intermediary if you hold an interest in the Bonds on behalf of another Person or, as the context requires, if you hold or held such an interest at the Record Time, and in either case you are not or (as appropriate) were not an Account Holder in respect of that interest.
If you have assigned, sold or otherwise transferred your interest in the Bonds before the Record Time, you should immediately forward all relevant documents, including the Scheme to the assignee, purchaser or transferee or to the broker, bank or other agent or intermediary through whom the assignment, sale or transfer was effected for transmission to the assignee, purchaser or transferee. Thereafter, you need not take any further action with respect to the Scheme.
For the avoidance of doubt, an assignee, purchaser, or transferee of a beneficial interest in the Bonds after the Record Time is bound by the terms of the Scheme. Such assignee, purchaser, or transferee will need to make arrangements with the owner of the beneficial interest in the Bonds at the Record Time to ensure that that person takes all necessary steps to claim the entitlements under the Scheme. Bondholders whose Account Holders have submitted Proofs of Debt with Blocking Instructions for the purpose of voting on the Scheme do not need to resubmit a Proof of Debt.
The materials contained on this website are being distributed only to persons to whom it is lawful to distribute them. Neither the Scheme Companies, nor Lynchpin Bondholder Management or any of their affiliates, or any director, officer, employee or agent of such person or affiliate, nor Scheme Manager, shall accept or incur any responsibility or liability (whether in contract, tort, as a result of a breach of applicable law or regulation or otherwise) as a result of or in connection with any person having entered this website who is not entitled to view the contents of this website.
LYNCHPIN PRIVACY POLICY
Please click here to read the Lynchpin privacy policy specific to the projects section of this website.
IMPORTANT NOTICE
The following applies to the materials contained on this website, and you are therefore advised to read this carefully before accessing, reading or making any other use of such materials. In accessing this website, you agree to be bound by the following terms and conditions, including any modifications to them from time to time.
NONE OF THE MATERIALS CONTAINED ON THIS WEBSITE CONSTITUTE AN OFFER OF SECURITIES FOR SALE OR A SOLICITATION OF CONSENTS IN THE UNITED STATES OR ANY OTHER JURISDICTION IN WHICH THE MAKING OF SUCH AN OFFER OR SOLICITATION WOULD NOT BE IN COMPLIANCE WITH THE LAWS OR REGULATIONS OF SUCH JURISDICTION.
The materials contained on this website have been delivered to you on the basis that you are a person into whose possession these materials may be lawfully delivered in accordance with the laws of the jurisdiction in which you are located. By accessing this website, you agree and represent that you are a person into whose possession the materials contained on this website may be lawfully delivered in accordance with the laws of the jurisdiction in which you are located.
The materials contained on this website do not constitute, and may not be used with, an offer or solicitation in any place where offers or solicitations are not permitted by law.
The materials contained on this website are in electronic form. You are reminded that documents transmitted via this medium may be altered or changed during the process of electronic transmission and consequently none of the Scheme Companies, Lynchpin Bondholder Management or any of their affiliates, or any director, officer, employee or agent of such person or affiliate, or Scheme Manager, accepts any liability or responsibility whatsoever in respect of any difference between any materials distributed to you in electronic format and the hard copy versions available to you for inspection on request at the offices of the Information Agent.
THE MATERIALS CONTAINED ON THIS WEBSITE HAVE NOT BEEN FILED WITH, OR REVIEWED BY, ANY NATIONAL OR LOCAL SECURITIES COMMISSION OR REGULATORY AUTHORITY OF THE UNITED STATES OF AMERICA, SINGAPORE, HONG KONG OR ANY OTHER JURISDICTION, NOR HAS ANY SUCH COMMISSION OR AUTHORITY CONFIRMED THE ACCURACY OR ADEQUACY OF SUCH MATERIALS. ANY REPRESENTATION TO THE CONTRARY IS UNLAWFUL AND MAY BE A CRIMINAL OFFENCE.
By clicking "AGREE" below, you acknowledge that you are a person to whom it is not unlawful for the materials contained on this website to be distributed, and that you agree with the Lynchpin privacy policy referred to above.
If you are a person to whom it is unlawful for the materials contained on this website to be distributed, or if you do not agree with the Lynchpin privacy policy referred to above, you must leave the website by clicking "DISAGREE" below.