CELL C PROPRIETARY LIMITED, Debtor in a forei - Amazon Web ...
17-11735-mg
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Courtney Slatten Katzenstein NORTON ROSE FULBRIGHT US LLP 1301 Avenue of the Americas New York, NY 10019-6022 Telephone: (212) 318-3000 Facsimile: (212) 318-3400 [email protected] and Kristian W. Gluck (Admitted pro hac vice) NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected] COUNSEL FOR THE FOREIGN REPRESENTATIVES
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK In re: CELL C PROPRIETARY LIMITED, Debtor in a foreign proceeding.
) ) ) ) ) )
Chapter 15 Case No. No. 17-11735
NOTICE OF HEARING PLEASE TAKE NOTICE that on June 22, 2017, Paolo Pianezze (“Pianezze”), Robert Killigrew Sabine Pasley (“Pasley”), and Graham Mackinnon (“Mackinnon”), in their capacity as foreign representatives (“Foreign Representatives”) of Cell C Proprietary Limited (“Cell C” or “Debtor”), with respect to a Section 155 of the South African Companies No. 71 of Act 2008 proceeding (the “Section 155 Proceeding”), filed the following with the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”): Petition For Recognition As Foreign Main Proceeding, Or Alternatively As Foreign Nonmain Proceeding, Pursuant To Sections 1515 And 1517 Of The United States Bankruptcy Code And Related Relief (“Petition for Recognition”) [Dkt. 7]; and
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Foreign Representatives’ Motion For An Order Recognizing And Granting Comity For Sanction Order Of The South African Court (“Motion for Comity”) [Dkt. 11]. NOTICE REGARDING PETITION FOR RECOGNITION PLEASE TAKE FURTHER NOTICE that the Bankruptcy Court has scheduled a hearing on the Petition for Recognition for 10:00 a.m. (prevailing Eastern Time) on July 14, 2017 (the “Petition for Recognition Hearing”). PLEASE TAKE FURTHER NOTICE that any party-in-interest wishing to submit an objection to the entry of an Order granting the Petition for Recognition must do so in accordance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the Bankruptcy Court, and such response or objection must be in writing and set forth the basis therefore, which response or objection must be filed electronically with the Bankruptcy Court by registered users of the Bankruptcy Court’s electronic case filing system in accordance with General Order 559, and by all other parties-in-interest, on a diskette, CD, or DVD in Portable Document Format (PDF), and shall be served upon United States counsel for the Foreign Representatives: Courtney Slatten Katzenstein, NORTON ROSE FULBRIGHT US LLP, 1301 Avenue of the Americas, New York, NY 10019-6022, Telephone: (212) 318-3000, Facsimile: (212) 318-3400, [email protected] and Kristian W. Gluck, NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected], so as to be actually received no later than July 12, 2017, at 5:00 p.m. (prevailing Eastern Time). NOTICE REGARDING MOTION FOR COMITY PLEASE TAKE FURTHER NOTICE that the Bankruptcy Court has scheduled a hearing on the Motion for Comity for 3:00 p.m. (prevailing Eastern Time) on July 20, 2017 (the
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“Motion for Comity Hearing”). The Motion for Comity Hearing shall take place at the United States Bankruptcy Court of the Southern District of New York, One Bowling Green, New York, New York 10004-1408, Courtroom 523. PLEASE TAKE FURTHER NOTICE that any party-in-interest wishing to submit an objection to the entry of an Order granting the Motion for Comity must do so in accordance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the Bankruptcy Court, and such response or objection must be in writing and set forth the basis therefore, which response or objection must be filed electronically with the Bankruptcy Court by registered users of the Bankruptcy Court’s electronic case filing system in accordance with General Order 559, and by all other parties-in-interest, on a diskette, CD, or DVD in Portable Document Format (PDF), and shall be served upon United States counsel for the Foreign Representatives: Courtney Slatten Katzenstein, NORTON ROSE FULBRIGHT US LLP, 1301 Avenue of the Americas, New York, NY 10019-6022, Telephone: (212) 318-3000, Facsimile: (212) 318-3400, [email protected] and Kristian W. Gluck, NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected], so as to be actually received no later than 3:00 p.m. (prevailing Eastern Time) on July 20, 2017. NOTICE REGARDING PETITION FOR RECOGNITION AND MOTION FOR COMITY PLEASE TAKE FURTHER NOTICE that the Petition for Recognition Hearing and the Motion for Comity Hearing (the “Hearings”) shall take place at the United States Bankruptcy Court of the Southern District of New York, One Bowling Green, New York, New York 100041408, Courtroom 523.
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PLEASE TAKE FURTHER NOTICE that copies of the Petition for Recognition and Motion for Comity may be obtained free of charge by visiting the website of JND Corporate Restructuring at www.jndla.com/cases/cellc. You may also obtain copies of any pleadings by visiting the Bankruptcy Court’s website at http://www.nysb.uscourts.gov (a PACER login and password are required to retrieve a document), or upon written request to the Foreign Representatives’ United States counsel addressed to: Courtney Slatten Katzenstein, NORTON ROSE FULBRIGHT US LLP, 1301 Avenue of the Americas, New York, NY 10019-6022, Telephone:
(212)
318-3000,
Facsimile:
(212)
318-3100,
[email protected] and Kristian W. Gluck, NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 8558000 Facsimile: (214) 855-8200 [email protected]. PLEASE TAKE FURTHER NOTICE that your rights may be affected. You should read the Petition for Recognition and Motion for Comity carefully and discuss them with your attorney, if you have one in connection with this chapter 15 case. (If you do not have an attorney, you may wish to consult one). PLEASE TAKE FURTHER NOTICE that if you do not want the Bankruptcy Court to grant the relief requested by the Foreign Representatives, or if you want the Bankruptcy Court to consider your views on any matter requested at the Hearings, then you or your attorney must attend such hearings. If you or your attorney do not take these steps, the Bankruptcy Court may decide that you do not oppose the relief sought by the Foreign Representatives and may enter an order granting the relief requested. Dated: July 6, 2017
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Respectfully submitted, NORTON ROSE FULBRIGHT US LLP
By:
/s/ Kristian W. Gluck Kristian W. Gluck (Admitted pro hac vice) 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected] -andCourtney Slatten Katzenstein NORTON ROSE FULBRIGHT US LLP 1301 Avenue of the Americas New York, NY 10019-6022 Telephone: (212) 318-3000 Facsimile: (212) 318-3400 [email protected]
COUNSEL FOR THE FOREIGN REPRESENTATIVES CERTIFICATE OF SERVICE
I hereby certify that contemporaneously with the filing of the foregoing, I directed noticing agent JND Corporate Restructuring to serve a copy of the foregoing on parties in interest in this case. The Foreign Representatives will supplement this certificate of service with proof of service and a copy of such service list. /s/ Kristian W. Gluck (admitted pro hac vice)
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Courtney Slatten Katzenstein NORTON ROSE FULBRIGHT US LLP 1301 Avenue of the Americas New York, NY 10019-6022 Telephone: (212) 318-3000 Facsimile: (212) 318-3400 [email protected] and Kristian W. Gluck (Admitted pro hac vice) NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected] COUNSEL FOR THE FOREIGN REPRESENTATIVES
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK In re: CELL C PROPRIETARY LIMITED, Debtor in a foreign proceeding.
) ) ) ) ) )
Chapter 15 Case No. No. 17-11735
NOTICE OF HEARING PLEASE TAKE NOTICE that on June 22, 2017, Paolo Pianezze (“Pianezze”), Robert Killigrew Sabine Pasley (“Pasley”), and Graham Mackinnon (“Mackinnon”), in their capacity as foreign representatives (“Foreign Representatives”) of Cell C Proprietary Limited (“Cell C” or “Debtor”), with respect to a Section 155 of the South African Companies No. 71 of Act 2008 proceeding (the “Section 155 Proceeding”), filed the following with the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”): Petition For Recognition As Foreign Main Proceeding, Or Alternatively As Foreign Nonmain Proceeding, Pursuant To Sections 1515 And 1517 Of The United States Bankruptcy Code And Related Relief (“Petition for Recognition”) [Dkt. 7]; and
23529578.1
17-11735-mg
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Filed 07/06/17
Entered 07/06/17 16:31:12 Pg 2 of 5
Main Document
Foreign Representatives’ Motion For An Order Recognizing And Granting Comity For Sanction Order Of The South African Court (“Motion for Comity”) [Dkt. 11]. NOTICE REGARDING PETITION FOR RECOGNITION PLEASE TAKE FURTHER NOTICE that the Bankruptcy Court has scheduled a hearing on the Petition for Recognition for 10:00 a.m. (prevailing Eastern Time) on July 14, 2017 (the “Petition for Recognition Hearing”). PLEASE TAKE FURTHER NOTICE that any party-in-interest wishing to submit an objection to the entry of an Order granting the Petition for Recognition must do so in accordance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the Bankruptcy Court, and such response or objection must be in writing and set forth the basis therefore, which response or objection must be filed electronically with the Bankruptcy Court by registered users of the Bankruptcy Court’s electronic case filing system in accordance with General Order 559, and by all other parties-in-interest, on a diskette, CD, or DVD in Portable Document Format (PDF), and shall be served upon United States counsel for the Foreign Representatives: Courtney Slatten Katzenstein, NORTON ROSE FULBRIGHT US LLP, 1301 Avenue of the Americas, New York, NY 10019-6022, Telephone: (212) 318-3000, Facsimile: (212) 318-3400, [email protected] and Kristian W. Gluck, NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected], so as to be actually received no later than July 12, 2017, at 5:00 p.m. (prevailing Eastern Time). NOTICE REGARDING MOTION FOR COMITY PLEASE TAKE FURTHER NOTICE that the Bankruptcy Court has scheduled a hearing on the Motion for Comity for 3:00 p.m. (prevailing Eastern Time) on July 20, 2017 (the
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17-11735-mg
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“Motion for Comity Hearing”). The Motion for Comity Hearing shall take place at the United States Bankruptcy Court of the Southern District of New York, One Bowling Green, New York, New York 10004-1408, Courtroom 523. PLEASE TAKE FURTHER NOTICE that any party-in-interest wishing to submit an objection to the entry of an Order granting the Motion for Comity must do so in accordance with the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the Bankruptcy Court, and such response or objection must be in writing and set forth the basis therefore, which response or objection must be filed electronically with the Bankruptcy Court by registered users of the Bankruptcy Court’s electronic case filing system in accordance with General Order 559, and by all other parties-in-interest, on a diskette, CD, or DVD in Portable Document Format (PDF), and shall be served upon United States counsel for the Foreign Representatives: Courtney Slatten Katzenstein, NORTON ROSE FULBRIGHT US LLP, 1301 Avenue of the Americas, New York, NY 10019-6022, Telephone: (212) 318-3000, Facsimile: (212) 318-3400, [email protected] and Kristian W. Gluck, NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected], so as to be actually received no later than 3:00 p.m. (prevailing Eastern Time) on July 20, 2017. NOTICE REGARDING PETITION FOR RECOGNITION AND MOTION FOR COMITY PLEASE TAKE FURTHER NOTICE that the Petition for Recognition Hearing and the Motion for Comity Hearing (the “Hearings”) shall take place at the United States Bankruptcy Court of the Southern District of New York, One Bowling Green, New York, New York 100041408, Courtroom 523.
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17-11735-mg
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PLEASE TAKE FURTHER NOTICE that copies of the Petition for Recognition and Motion for Comity may be obtained free of charge by visiting the website of JND Corporate Restructuring at www.jndla.com/cases/cellc. You may also obtain copies of any pleadings by visiting the Bankruptcy Court’s website at http://www.nysb.uscourts.gov (a PACER login and password are required to retrieve a document), or upon written request to the Foreign Representatives’ United States counsel addressed to: Courtney Slatten Katzenstein, NORTON ROSE FULBRIGHT US LLP, 1301 Avenue of the Americas, New York, NY 10019-6022, Telephone:
(212)
318-3000,
Facsimile:
(212)
318-3100,
[email protected] and Kristian W. Gluck, NORTON ROSE FULBRIGHT US LLP 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 8558000 Facsimile: (214) 855-8200 [email protected]. PLEASE TAKE FURTHER NOTICE that your rights may be affected. You should read the Petition for Recognition and Motion for Comity carefully and discuss them with your attorney, if you have one in connection with this chapter 15 case. (If you do not have an attorney, you may wish to consult one). PLEASE TAKE FURTHER NOTICE that if you do not want the Bankruptcy Court to grant the relief requested by the Foreign Representatives, or if you want the Bankruptcy Court to consider your views on any matter requested at the Hearings, then you or your attorney must attend such hearings. If you or your attorney do not take these steps, the Bankruptcy Court may decide that you do not oppose the relief sought by the Foreign Representatives and may enter an order granting the relief requested. Dated: July 6, 2017
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17-11735-mg
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Respectfully submitted, NORTON ROSE FULBRIGHT US LLP
By:
/s/ Kristian W. Gluck Kristian W. Gluck (Admitted pro hac vice) 2200 Ross Avenue, Suite 3600 Dallas, TX 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 [email protected] -andCourtney Slatten Katzenstein NORTON ROSE FULBRIGHT US LLP 1301 Avenue of the Americas New York, NY 10019-6022 Telephone: (212) 318-3000 Facsimile: (212) 318-3400 [email protected]
COUNSEL FOR THE FOREIGN REPRESENTATIVES CERTIFICATE OF SERVICE
I hereby certify that contemporaneously with the filing of the foregoing, I directed noticing agent JND Corporate Restructuring to serve a copy of the foregoing on parties in interest in this case. The Foreign Representatives will supplement this certificate of service with proof of service and a copy of such service list. /s/ Kristian W. Gluck (admitted pro hac vice)
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