Notice of Watershed Meeting

Pursuant to Sections 239AT and 239AU of the Companies Act 1993 (“Act”)

Company Number: 5495144

Iain Bruce Shephard and Jessica Jane Kellow, both Licenced Insolvency Practitioners of BDO Wellington (Registration Numbers: IP71 and IP75, respectively), were appointed joint and several administrators (“administrators”) of the company by Lynette Elizabeth Ross (as a secured party) on 12 May 2022.

Notice is hereby given that the watershed meeting of the creditors of the company to decide the future of the company will be held on Friday 17 June 2022. Pursuant to Schedule 5 clause 1(c) of the Act, the meeting will be held by way of postal ballot.

Agenda for Watershed Meeting

1. To consider the administrators’ report and opinion about the company’s business, property, affairs and financial circumstances;
2. For the creditors of the company to consider and vote on whether the company should be placed into liquidation or whether the administration should end; and
3. Any other business that may lawfully be brought forward.

A Deed of Company Arrangement (“DOCA”) has not been submitted to or proposed by the administrators and unless a creditor proposes a DOCA at the watershed meeting, this option does not need to be considered or voted on. In the event a DOCA is proposed by a creditor at the watershed meeting creditors will need to be present or have a proxy in attendance to vote on a resolution related to such a DOCA.

Resolutions

Accordingly, the resolutions to be voted by the creditors of the company are as follows and in the following order:

Resolution 1 It is resolved that the company be placed into liquidation.

Resolution 2 It is resolved that the administration end and control of the company be returned to the directors.

Creditors may exercise their right to vote only by postal vote.

If a creditor votes by casting a postal vote in respect of a resolution that is to be submitted to the meeting and a different resolution is submitted to the meeting:

• the creditor’s postal vote is invalid in respect of that different resolution.
• the creditor may vote, in respect of that different resolution by either being present in person or by proxy.

Postal votes must be received no later than 5.00pm on Wednesday 15 June 2022 and should be sent to: The Administrators, WAIHEKE ENERGY CENTER LIMITED (administrators appointed), c/- BDO Wellington, PO Box 10340, Wellington 6143. Email: brad.burness@bdo.co.nz.

Brad Burness, of BDO Wellington, is authorised to receive and count postal votes in relation to the meeting.

Dated this 9th day of June 2022.

JESSICA KELLOW, Administrator.

All Creditor and Shareholder Enquiries May Be Directed to: Brad Burness at the Administrators’ Office. Postal Address: BDO Wellington – Business Restructuring, PO Box 10340, The Terrace, Wellington 6143. Email: brad.burness@bdo.co.nz.