EX-99.T3D 3 ext3d.htm EXHIBIT T3D
Exhibit T3D
 
 
eancev001 Page 1 of 3 Form 43UCPR 36.11 D0000WATSQIssued: 22 August 2017 4:28 PMJUDGMENT/ORDERCOURT DETAILSCourt Supreme Court of NSWDivision EquityList Corporations ListRegistry Supreme Court SydneyCase number 2017/00122411TITLE OF PROCEEDINGSFirst Plaintiff Boart Longyear LimitedACN 123052728Second Plaintiff Boart Longyear Management Pty LimitedNumber of Plaintiffs 4FirstDATE OF JUDGMENT/ORDERDate made or given 22 August 2017Date entered 22 August 2017TERMS OF JUDGMENT/ORDERVERDICT, ORDER OR DIRECTION:Judgment handed down. [2017] NSWSC 1105.Black J makes orders in accordance with the Short Minutes of Order initialled by him and placed inthe file.THE COURT ORDERS THAT:1. Pursuant to section 411(4)(b) and section 411(6) of the Corporations Act 2001 (Cth)(Corporations Act) the schemes of arrangement between the plaintiffs and:(a) the holders of notes under a 10% Senior Secured Notes Indenture dated 27 September 2013as amended, varied or amended and restated from time to time, the holders of a Term Loan ASecurities Agreement dated 22 October 2014 as amended, varied, or amended and restatedfrom time to time and the holders of a Term Loan B Securities Agreement dated 22 October 2014as amended, varied, or amended and restated from time to time, being the scheme in the formcontained in Exhibit P7 (Secured Creditor Scheme); and(b) the holders of notes under a 7% Senior Unsecured Notes Indenture dated 28 March 2011asamended, varied or amended and restated from time to time and certain holders of "subordinateclaims" (within the meaning of subsection 563A(2) of the Corporations Act) against the first plaintiff,being the scheme in the form contained in Exhibit P6 (Unsecured Creditor Scheme),(collectively, the Schemes), be and are hereby approved.eancev001 Page 2 of 3
 
2. Pursuant to section 411(12) of the Corporations Act, the plaintiffs be exempted from compliancewith section 411(11) of the Corporations Act.THE COURT NOTES THAT:3. The plaintiffs will rely on the Court's approval of the Schemes for the purposes of qualifying forexemption from the registration requirements of the United States Securities Act of 1933, providedfor by section 3(a)(10) of that Act, in connection with the shares, notes and warrants to be issued aspart of the implementation of the Schemes.4. These orders be entered forthwith.Black J makes the following directions:1. Direct each of the Plaintiffs and the Snowside companies to serve, and send to the Associate toBlack J by 4pm, 29 August 2017 their respective submissions as to costs as between the Plaintiffsand the Snowside companies.2. Direct the Plaintiffs and the Snowside companies to serve and send to the Associate to BlackJ their respective submissions in reply as to costs as between the Plaintiffs and the Snowsidecompanies by 4pm on 5 September 2017, such submissions to indicate whether an oral hearing isrequested.3. Exhibits and subpoenaed material may be returned forthwith; any exhibits returned must beretained intact by the party or person that produced the material until the expiry of the time to file anappeal, or until any appeal has been determined.Black J notes the following matter:4. Note the undertaking offered by the Plaintiffs by its Counsel, that no office copy of any of theorders made today under s 411(4)(b) and 411(6) of the Corporations Act 2001 will be lodged withthe Australian Securities and Investments Commission before 4pm Sydney time, 22 August 2017.SEAL AND SIGNATURESignature Chris D'AethCapacity Principal RegistrarDate 22 August 2017If this document was issued by means of the Electronic Case Management System (ECM), pursuant to Part 3 of theUniform Civil Procedure Rules (UCPR), this document is taken to have been signed if the person’s name is printed wherehis or her signature would otherwise appear.FURTHER DETAILS ABOUT Plaintiff(s)First PlaintiffName Boart Longyear LimitedACN 123052728AddressTelephoneFaxeancev001 Page 3 of 3
E-mailClient referenceSecond PlaintiffName Boart Longyear Management Pty LimitedAddressTelephoneFaxE-mailClient referenceThird PlaintiffName Boart Longyear Australia Pty LimitedACN 000401025AddressTelephoneFaxE-mailClient referenceFourth PlaintiffName Votraint No. 1609 Pty LimitedACN 119244272AddressTelephoneFaxE-mailClient referenceLegal representative for plaintiffsName James Kelly MarshallPracticing certificate number 25380Address 'Ashurst Australia' Level 115 Martin PlaceSYDNEY NSW 2000DX address DX 388 Sydney NSWTelephone (02) 9258 6508Fax 9528 6999Email James.Marshall@ashurst.comElectronic service address James.Marshall@ashurst.comFURTHER DETAILS ABOUT (s)