Es geht um die Bedingung: "We refer to CVA Consent Request No. 3 dated 17 May 2019 relating to the „Omnibus Proposed Amendments“ (as defined therein) an the waiver of the requirement to seek CRE Clearence from the Office of State Revenue in Western Australia as an Implementation Condition under each CVA."
Es bezieht sich auf CVA Consent Request No. 3 dated 17 May 2019, 1.2: "1.2 Waiver of Implementation Condition (CRE Clearances – Western Australia) 1.2.1 Pursuant to paragraph (i) of clause 4.3.1 (Satisfaction or waiver of the Implementation Conditions) of section 2 of each CVA, SEAG is required to obtain the CRE Clearances as an Implementation Condition. The Group has now received confirmation from PwC Advisory that positive rulings have been provided by the respective revenue offices for those Australian states where CRE Clearances are required as an Implementation Condition, including from the Office of State Revenue in Western Australia (the “OSR”). 1.2.2 Notwithstanding the receipt of positive rulings with respect to the CRE Clearances as outlined in paragraph 1.2.1 above, following extensive discussions between the OSR and PwC Advisory, the Group understands that new duty legislation is expected to be introduced in Western Australia in the coming weeks which may necessitate a new application for corporate reconstruction exemption clearances to be submitted to the OSR with respect to the Restructuring Steps (a “New Application”). 1.2.3 In the event that a New Application is required by the OSR, the Group intends to seek relief from any ALD which would otherwise be payable in Western Australia by virtue of the Restructuring Steps on a post-transaction exemption basis. In such circumstances, it is anticipated by PwC Advisory that the OSR would provide a positive ruling on a post-transaction basis. 1.2.4 As a consequence, it is proposed that the requirement to seek CRE Clearance from the OSR is waived by CVA Creditors and SFHG Creditors (as applicable) as an Implementation Condition under each CVA for completeness (the “CRE Waiver”).
Schlimme Sache ;-) |