SECTION 1 – RESIDUAL SECURITIES TRUST DEED
1. ENTITLEMENT CALCULATOR (the materials located on the linked website, including but not limited to the information, text, images, photographs, video, graphics as well as any software programs available on or through such website, being the "Entitlement Calculator")
For use by Bar Date Creditors and Ineligible Creditors (each as defined in the residual securities trust deed dated 26 July 2018 and executed by Lynchpin Bondholder Management Limited (“Residual Securities Trust Deed”)).
Unless otherwise indicated, capitalised words and phrases used in this section have the meanings provided in: (i) the scheme document dated 28 March 2018 which contains, among other things, the Explanatory Statement of the Scheme Company relating to the Scheme (“Scheme Document”); and (ii) the Residual Securities Trust Deed.
The Entitlement Calculator allows the Bar Date Creditors and Ineligible Creditors to calculate their respective indicative entitlements (if any) to the Residual Securities as of the Final Settlement Date (i.e. 11 February 2019), subject to the disclaimers set out below.
Please note that if an Account Holder failed to submit the Information Notice on behalf of an Ineligible Creditor to the Residual Securities Trustee prior to the Bar Time (i.e. 5:00 p.m. (Singapore time) on 28 January 2019), such Ineligible Creditor shall cease to hold any interest (beneficial or otherwise) in the Residual Securities and any Non-Cash Distributions or Cash Distributions on and from the Final Settlement Date.
The Entitlement Calculator is intended to provide an indicative entitlement only in respect of the Residual Securities, and nothing in the Entitlement Calculator is intended to, nor does it create a legally binding obligation, on any party.
The Entitlement Calculator is provided on an "as is" and “as available” basis without warranties of any kind. The Entitlement Calculator is made available for your general information only. While every effort is made to ensure that the Entitlement Calculator is consistent with Scheme Document and the Residual Securities Trust Deed, you are advised to refer to the relevant documents to be certain of your legal entitlements and obligations and should seek professional advice at all times before making any decision based on any such information or materials.
None of the Scheme Company, the Parent, the Subsidiary Guarantors, or the Residual Securities Trustee is responsible for any errors or omissions, or for the results obtained from the use of the Entitlement Calculator. None of the Scheme Company, the Parent, the Subsidiary Guarantors, or the Residual Securities Trustee warrants: (a) the truth, accuracy, adequacy, reliability, completeness, reasonableness, currency or timeliness, of the Entitlement Calculator and expressly disclaims liability for any errors in or omissions from such tool; and (b) that the Entitlement Calculator or any functions associated with such tool will be uninterrupted or error-free, or that defects will be corrected or that the Entitlement Calculator and the server on which it is hosted are and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.
No warranty of any kind, express, implied or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus), is given in conjunction with the Entitlement Calculator.
In no event shall the Scheme Company, the Parent, the Subsidiary Guarantors, or the Residual Securities Trustee be liable for damages, expenses, costs or loss of any kind (including without limitation any direct, or indirect, special, incidental or consequential damages, loss of profits or loss opportunity) howsoever caused as a result (direct or indirect) of, or in connection with, your use of the Entitlement Calculator, or reliance on such tool.
Under no circumstances shall the Scheme Company, the Parent, the Subsidiary Guarantors, or the Residual Securities Trustee be liable for any failure of performance, system, server or connection failure, interruption, defect, error, omission, delay in operation or transmission, breach of security, malicious code, computer virus or inability or unavailability to use or access in connection with your accessing the Entitlement Calculator even if such parties had been advised as to the possibility of the above.
SECTION 2 – KEY DOCUMENTS EXECUTED ON SETTLEMENT
SECTION 3 – SCHEME OF ARRANGEMENT
The Company has retained Lynchpin Bondholder Management as Residual Securities Trustee.
Any questions or requests for assistance may be directed as under:
Lynchpin Bondholder Management
Tel: +852 2526 5406
Fax: +852 2526 5020
Attention: Brenda O' Brien
Room 402, Wellington Plaza
56-58 Wellington Street
Central, Hong Kong