Instructions to Agrokor's Creditors for the Hearing and Voting at the Hearing
Jun 29, 2018
Prior to the hearing attendees are recommended to download the free application m2voting
The Settlement Plan voting hearing for Agrokor's creditors will be held on 4 July, 2018 at the Dražen Petrović Basketball Center – CIBONA Hall, Zagreb, beginning at 08:00 a.m.
All of Agrokor's creditors are invited to the hearing, irrespective of whether their claims have been recognized or challenged.
A total of 3069 creditors have outstanding claims to vote with at the hearing, out of which 2785 creditors have outstanding claims higher than HRK 1,000.
The amount of determined claims currently (as at 29 June, 2018) totals HRK 42,644,966,221.57 which, reduced by intercompany claims and recovered claims, provides voting rights in the amount of HRK 25,204,670,817 kn.
The total amount of challenged claims, for which there is a possibility that they will be granted voting rights, is around HRK 12.1bn.
Given the large number of creditors and claims, the voting at the hearing will not be conducted by show of hands or by calling the roll, but rather by way of a mobile application, custom designed for this purpose. Namely, although this is a court hearing, Agrokor as debtor is obliged to provide the Court with any support required in the organization of the hearing and thus the Agrokor Group company m-Start has developed a specific application called „m2voting“.
The application is available at Google Play Store and Apple Store and Agrokor creditors who have a smart phone are recommended to download the free application to their mobile device prior to the hearing.
All creditors or their representatives who have no smart phone or do not know how to use the application will be provided with access to voting devices as well as with technical support for the voting.
Besides that, for the sake of convenience in using the application, Agrokor has prepared Instructions for Using the „m2voting“ Application for the creditors, while as additional support for them at the hearing itself it has prepared a Hearing Guide, which can be found here.
In particular, given that this is a court hearing and the Cibona Hall represents a courtroom of the Commercial Court in Zagreb, the rules at the hearing are the same as those at the Court.
First of all, creditors or their representatives and/or proxies have to come to the hearing with a valid personal ID card or passport, the relevant excerpt from the court, crafts and trades or another register, a new, duly executed power of attorney for the settlement plan voting hearing, an attorney ID card as well as other relevant documentation granting them the right to participate in the hearing and authorizing them to vote and decide on the settlement plan.
In addition, participants will be required to pass a security check as if entering a Court building. The Court has scheduled two hours for the registration of creditors and only those who have been duly registered and are present at the hearing premises will be allowed to participate in the voting hearing.
Creditors or their representatives are allowed to bring to the hall where the hearing takes place only those items which can be brought into a courtroom.
During the registration creditors or their representatives will receive: a certificate of registration for the hearing which will need to be signed, an envelope with the access code for the application (username and password), instructions for the voting and a bracelet to register their presence at the premises of the hall where the hearing takes place. Attendants are required to immediately put the bracelet on their hand.
At the hearing premises creditors will be provided with a seat at the ground floor of the hall.
To activate the voting application creditors/users are required to enter the username and password that they will receive in an envelope at registration. The voting application will only be activated when the voting starts.
It is important to know that every time an attendee leaves the voting premises, ie. the ground floor of the hall, the bracelet is deactivated and the creditor or his representative have no possibility to vote. The bracelet has to be reactivated upon return to the hearing premises. If a creditor has missed a voting which was completed in the meantime, he or she loses the right to vote subsequently.
The voting procedure will take place in two stages. Stage one of the voting relates to granting voting rights to creditors of challenged claims, while stage two is related to the voting of creditors on the Settlement Plan itself.
The Settlement Plan voting procedure ends once the creditors or their representatives have signed the minutes of the hearing and the results will be published by decision of the judge.
In case the hearing should not be completed on 4 July 2018 or should it for any reason whatsoever not be held that day or be adjourned, the Commercial Court has immediately determined that the hearing or adjourned hearing will be held the following day – 5 July 2018 at the same time and, for the same reasons, possibly on 6 July 2018 at 08:00 a.m.