I will continue to provide updates to creditors as relevant matters arise.

Transcription

1 April 0 TO CREDITORS AS ADDRESSED Dear Sir/Madam Forge Group Power Pty Ltd ACN (In Liquidation) (Receivers and Managers Appointed) (the Company) I refer to my circular to creditors dated 0 January 01 that outlined my application regarding the Chapter 1 Bankruptcy proceedings in the United States Bankruptcy Court for the Northern District of California (the Court). As creditors may recall, on January 01 the Company filed a petition in the Court under Chapter 1 of the U.S. Code: Title Bankruptcy (the Bankruptcy Code) seeking, amongst other things, recognition of the Australian liquidation in the United States of America. On 1 April 0 the Court made orders granting the recognition of the Australian liquidation in the United States of America, a copy of which is enclosed. I will continue to provide updates to creditors as relevant matters arise. Should you require any further information concerning the contents of this circular or the status of the liquidation generally, please contact William Hulmes of this office. Yours faithfully Forge Group Power Pty Ltd Martin Jones Liquidator

2 Entered on Docket April,,0 EDWARD J. EMMONS, CLERK U. S. BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA CISBAN"*, 0 Signed and Filed: April,,0. Leib M. Lemer (CA State Bar No. ) ALSTON & BIRD LLP 0 Mission Street, Suite 0 San Francisco, CA /0-01 Telephone: (1) -00 Facsimile: (1) -01 leib. Iemer@alston. coin,,!'~.*,,,..,, ^ ^;'^^;. j^:^ ^ ~.,' * \;"""':/" AND Adam S. Lade (NY State Bar No. ) Robert Trust (NY State Bar No. 001) LINKLATERS LLP 1 Avenue of the Americas DENNIS MONTALl U. S. Bankruptcy Judge 1 New York, NY I 01 0 Telephone: (1) Facsimile: (1) adam. Iurie@linklaters. coin robert. trust@linklaters. coin Admitted Pro Hac Vice 1 Attorneys for the Petitioner 1 UNITED STATES BANKRUPTCY COURT 1 NORTHERN DISTRICT OF CALIFORNIA In re: Forge Group Power Pty Ltd. (in liquidation) (receivers and managers appointed), Debtor in a Foreign Proceeding Case No. : DM Chapter 1 ORDER GRANTING RECOGNITION OF FOREIGN PROCEEDING AND RELATED RELIEF 1 This matter came before the Court upon the verified petition ("Verified Petition") of Martin lones, in his capacity as liquidator (the "Liquidator" or the "Petitioner") and foreign representative of Forge Group Power Pty Ltd. (in liquidation) (receivers and managers appointed) ("Forge Power" or the "Debtor"), seeking recognition of a foreign main proceeding and related relief.

3 The Court has reviewed and considered, among other things: (i) the Verified Petition; (Ii) the Declaration of Martin lones in Support of (1) Verified Petition Under Chapter 1 for Recognition of Foreign Proceeding and Related Reliefand () Foreign Representative's Emergency Motion for Entry of Provisional ReliefUnder U. S. C. ^^,1 and in Aid of Australian Foreign Proceeding; (in) the Declaration of Przemyslaw Kucharski as to Matters of Australian Law in Support of (1) Verified Petition Under Chapter 1 for Recognition of Foreign Proceeding and Related Relief and () Foreign Representative's Emergency Motion for Entry of Provisional Relief Under U. S. C. ^^, 1 and in Aid of Australian Foreign Proceeding; (iv) the Memorandum of Law in Support of the Verified Petition Under Chapter 1 of the Bankruptcy Code for Recognition of an Australian Liquidation Proceeding, and Related Relief; (v) the Opposition of APR Energy Holdings Limited and Affiliates to Verified Petition Under Chapter 1 for Recognition of Foreign Proceeding and Related Relief, together with the declarations and exhibits filed in support thereof; (vi) the Reply of Forge Group Power Pty Ltd. to Opposition of APR Energy Holdings Limited to Verified Petition Under Chapter 1 for Recognition of Foreign Proceeding and Related Relief, together with the declarations and exhibits filed in support thereof; (vii) the Order on Bankruptcy Appeal and Judgment in lones v. APR EnergyHoldings Ltd., No. 1-cv-00-PJH (N. D. Cal. Feb. 1,0); and (vin) the Withdrawal of Opposition of APR Energy Holdings Limited and Affiliates to Verified Petition Under Chapter 1 for Recognition of Foreign Proceeding and Related Relief. Based on the foregoing, after due deliberation and the Court being satisfied that the Petitioner has given due and sufficient notice to parties against whom relief is requested pursuant to Federal Rule of Bankruptcy Procedure 00, and good cause appearing therefor, the Court finds as follows: a. This Court hasjurisdiction over this matter under U. S. C. ^^ 1 and 1. This is a core proceeding under U. S. C. ^ 1(b)()(P). Venue is proper under U. S. C. ^ 1 because the Debtor's U. S. assets are located within this District; b. The Petitioner was properly authorized and appointed to act as liquidator and foreign representative of the Debtor within the meaning of ^^ 1() and (a)() of title of the United States Code (the "Bankruptcy Code");

4 c. The Petitioner properly commenced this chapter 1 case in respect of the Debtor pursuant to, and satisfied the requirements of, ^^,1,, and of the Bankruptcy Code; d. The Australian Proceeding (as defined in the Verified Petition) is: (1) a foreign proceeding within the meaning of ^ 1() of the Bankruptcy Code; (ii) pending in Australia, which is where the Debtor has its center of main interests; and (in) entitled to recognition as a foreign main proceeding by this Court PUTSuant to ^^ (),, and (a) and (by(i) of the Bankruptcy Code; e. Recognition of the Australian Proceeding as a foreign main proceeding is necessary and appropriate, in the interests of the public and international coinity, and consistent with the public policy of the United States; and f. All objections that were filed were withdrawn Now, THEREFORE, IT Is HEREBY ORDERED THAT: I. The Australian Proceeding is granted recognition under ^ (a) of the Bankruptcy Code and recognized as a foreign main proceeding under ^ (b)(i) of the Bankruptcy Code, and any and all objections thereto which were not withdrawn are overruled with prejudice.. The Debtor and the Australian Proceeding shall have all relief afforded foreigyi main proceedings PUTSuant to ^ of the Bankruptcy Code.. In accordance with the provisions of ^ of the Bankruptcy Code, which are applicable to this chapter 1 case under ^ of the Bankruptcy Code, all persons and entities are hereby enjoined from: a. Coriumencing or continuing (including the issuance or employment of process) a judicial, administrative or other action or proceeding against the Debtor or the Debtor's property or assets in the United States; b. Enforcing, against the Debtor or the Debtor's property or assets in the United States, a judicial, quasi-judicial, administrative judgment, assessment or order, or arbitration award against the Debtor or the Debtor' s property or assets in the United States, or any proceeds thereof;

5 c. Taking any action to obtain possession of the Debtor's property or assets in the United States or to exercise control over the Debtor's property or assets in the United States; d. Taking any action to create, perfect or enforce any lien or other security interest, setoff or other claim against the Debtor' s property or assets (or any proceeds thereof) in the United States; e. Transferring, relinquishing or disposing of any of the Debtor's property or assets in the United States to any entity other than the Foreign Representative and his authorized representatives and agents; and f. Taking any action to collect, assess, enforce or recover a claim against the Debtor in the United States or in respect of the Debtor's property or assets in the United States.. Nothing herein shall enjoin a police or regulatory act of a goveliuiientalunit or limit or otherwise impair the riglits and powers of the Receivers (as defined in the Verified Petition) with respect to the Debtor or its assets wherever located (whether inside or outside the United States), or in connection with the receivership or any other proceedings related to the Debtor.. The Court shall retainjurisdiction with respect to the enforcement, amendment or modification of this Order, and requests for relief in the chapter 1 case and all adversary proceedings in connection therewith properly commenced and within the jurisdiction of the Court.. The Petitioner shall cause this order to be served by Australian Post, within one week of its entry, upon the master service list maintained by Petitioner in the Australian Proceeding, which service in accordance with this order shall be deemed good and sufficient service and adequate notice for all purposes. * * * END OF ORDER * * *

6 COURT SERVICE LIST ECF List Only

7 CERTIFICATE OF SERVICE I, Me Ianie Mizrahie, declare that I am employed in the County of Los Angeles. I am over the age of years and not a party to the above-styled entitled action. My business address is AISton & Bird LLP, South Hope Street, Sixteenth Floor, Los Angeles, CA 001. On April,0, Iserved a copy of the Order Granting Recognition of Foreign Proceeding and Related Relief by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States Mail at AISton & Bird LLP, South Hope Street, Los Angeles, California 001, and via , addressed as follows: Gregg M. Ficks Coblentz Patch Duffy & Bass LLP One Montgomery Street, Suite 000 San Francisco, CA /0 ef-ginf@cpdb. coin Harold E. Patricoff Peter H. Levitt Shutts & Bowen LLP 00 S. Biscayne Boulevard, Suite 0 Miami, FL hpatricoff@shutts. coin; PIGvitt@shutts. coin Attorneys for APR Energy Holdings Limited, Power Rental Asset Co Two LLC, and Power Rental OP Co Australia 0 1 I declare under penalty ofpetiury under the laws of the United States of America that the foregoing is true and correct. Executed this th Day of April, 0, at Los Angeles, California. MeIanie Mizrah'