Nyrstar: Scheme creditors vote to approve NN2 scheme
23 July 2019 - 5:00AM
Nyrstar: Scheme creditors vote to approve NN2 scheme
THIS NOTICE IS
NOT FOR DISTRIBUTION, DIRECTLY OR INDIRECTLY, IN THE UNITED STATES
OF AMERICA, AUSTRALIA, CANADA, JAPAN, SOUTH AFRICA OR ANY OTHER
JURISDICTION WHERE TO DO SO WOULD BE PROHIBITED BY APPLICABLE
LAW
Regulated Information
Nyrstar: Scheme creditors vote to approve
NN2 scheme
22 July 2019 at 21:00 CEST
Outcome of Scheme Meetings
Nyrstar NV (“Nyrstar” or the “Company”) today
provides an update with regards to the meetings of the creditors of
NN2 Newco Limited (“NN2”) in respect of the proposed scheme of
arrangement of NN2 under Part 26 of the Companies Act 2006 (the
“Scheme”) which took place today.
The meeting of creditors in respect of the
Scheme (“Scheme Creditors”) holding the High Yield Notes (the “High
Yield Notes Scheme Meeting”) commenced at approximately 10
a.m..
The meeting of Scheme Creditors holding the
Convertible Bonds (the “Convertible Bonds Scheme Meeting”)
commenced at approximately 10:15 a.m.
The Company confirms that the Scheme Creditors
voted to approve the Scheme at the High Yield Notes Scheme Meeting
and the Convertible Bonds Scheme Meeting (together, the “Scheme
Meetings”).
At the High Yield Notes Scheme Meeting, Scheme
Creditors representing 95.61% in value of the total scheme claims
participated in the meeting (in person or by proxy), and the voting
results were as follows:
- 278 High Yield Notes Scheme Creditors, representing 99.96% by
value and 98.93% in number of those participating in the High Yield
Notes Scheme Meeting, voted in favour of the Scheme; and
- 3 High Yield Notes Scheme Creditors, representing 0.04% by
value and 1.07% in number of those participating in the High Yield
Notes Scheme Meeting, voted against the Scheme.
At the Convertible Bonds Scheme Meeting, Scheme
Creditors representing 98.87% in value of the total scheme claims
participated in the meeting (in person or by proxy), and the voting
results were as follows:
- 23 Convertible Bonds Scheme Creditors, representing 100% by
value and 100% in number of those participating in the Convertible
Bonds Scheme Meeting, voted in favour of the Scheme; and
- no Convertible Bonds Scheme Creditors voted against the
Scheme.
As a result, the Scheme was approved by the
Scheme Creditors.
Court Sanction
NN2 will now seek the sanction of the Scheme by
the High Court at a hearing currently scheduled to take place on 26
July 2019 at the Companies Court, Rolls Building, 7 Rolls
Buildings, Fetter Lane, London EC4A 1NL.
Should you have any questions regarding the
outcome of the Scheme Meetings, please contact the Information
Agent via email at nyrstar@lucid-is.com or by telephone on +44 20
7704 0880.
Further details of Nyrstar’s recapitalisation
may be found here:
https://www.nyrstar.com/en/investors/restructuring/scheme-of-arrangement-materials.
None of the Trustees, the Information Agent or
any of their respective agents accepts any responsibility for the
information contained in this announcement and none of the Nyrstar
NV, NN2 Newco Limited, the Trustee, the Information Agent, or any
of their respective directors, employees or affiliates makes any
representation or recommendation whatsoever regarding the practice
statement letter. No offer to acquire any Convertible Bonds or High
Yield Notes is being made pursuant to this announcement. If
beneficial holders are in any doubt as to the action they should
take, they should seek their own financial and legal advice,
including in respect of any tax consequences, immediately from
their broker, bank manager, solicitor, accountant or other
independent financial, tax or legal adviser.
This announcement does not constitute an offer
to purchase the Convertible Bonds or High Yield Notes or the
solicitation of an offer to sell Convertible Bonds or High Yield
Notes. This notice is addressed only to holders of the Convertible
Bonds and/or High Yield Notes who are persons to whom it may
otherwise be lawful to distribute it (“relevant persons”). It is
directed only at relevant persons and must not be acted on or
relied on by persons who are not relevant persons.
THIS DOCUMENT IS NOT AN OFFER TO SELL OR A
SOLICITATION OF AN OFFER TO BUY SHARES, BONDS OR OTHER SECURITIES
OF NYRSTAR NV. THE INFORMATION CONTAINED HEREIN IS NOT FOR RELEASE,
PUBLICATION OR DISTRIBUTION (DIRECTLY OR INDIRECTLY) IN OR INTO THE
UNITED STATES, AUSTRALIA, CANADA, JAPAN, SOUTH AFRICA OR ANY OTHER
JURISDICTION WHERE TO DO SO WOULD BE UNLAWFUL.
About Nyrstar
Nyrstar is a global multi-metals business, with
a market leading position in zinc and lead, and growing positions
in other base and precious metals, which are essential resources
that are fuelling the rapid urbanisation and industrialisation of
our changing world. Nyrstar has mining, smelting and other
operations located in Europe, the Americas and Australia and
employs approximately 4,200 people. Nyrstar is incorporated in
Belgium and has its corporate office in Switzerland. Nyrstar is
listed on Euronext Brussels under the symbol NYR. For further
information please visit the Nyrstar website: www.nyrstar.com.
For further information contact:
Anthony Simms - Head of
Investor Relations & Insured Risk T: +41 44 745 8157
M: +41 79 722 2152
anthony.simms@nyrstar.com
Franziska Morroni - Head of Corporate
Communications
T: +41 44 745 8295
M: +41 79 719 2342 franziska.morroni@nyrstar.com
- Nyrstar- announcement re Scheme Meetings - final
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