Court Petitions and Orders: Cross-border Insolvencies
THE CROSS-BORDER INSOLVENCY REGULATIONS 2006
NOTICE OF ORDER UNDER THE CROSS-BORDER INSOLVENCY REGULATIONS 2006
In the High Court of Justice
Business and Property Courts of England and Wales Insolvency and Companies Court (ChD) No CR-2021-000653
FAKIH IVF FERTILITY CENTER LTD
in administration
000004224Registered office: DD # 16 - 109 - 001, 16th Floor, Wework Hub71, Al Khatem Tower, ADGM Square, Al Maryah Island, United Arab Emirates
Nature of business: Healthcare
This notice is given in accordance with the requirements of paragraph 26(7) of Schedule 2 of the Cross-Border Insolvency Regulations 2006.
The following order has been made in relation to certain NMC Group companies in administration (“the Companies”) under the Cross-Border Insolvency Regulations 2006:
• the administration of each of the Companies pursuant to the ADGM Insolvency Regulations 2015 (as amended) and the order of Sir Andrew Smith, a judge of the ADGM Court, dated 27 September 2020 (as amended on 26 November 2020) be recognised as a foreign main proceeding in accordance with the UNCITRAL Model Law on cross-border insolvency as set out in Schedule 1 to the Cross-Border Insolvency Regulations 2006;
• the Applicants, Benjamin Thom Cairns and Richard Dixon Fleming, be recognised as foreign representatives;
• that as long as the foreign main proceedings are ongoing, including any extensions thereto, except with the consent of the foreign representatives or leave of the court (subject to such terms as the court may impose):
o no order shall be made for the winding up of any of the Companies; and
o no step shall be taken to enforce any security over any property of any of the Companies, or to repossess any property or goods held or possessed by any of the Companies, including but not limited to any property under any leasing arrangement, hire-purchase agreement or retention of title agreement.
• the assets of each of the Companies located in Great Britain are entrusted to the foreign representatives for administration or realisation; and
• the solicitors for the foreign representatives are informed in writing of any request to access or obtain the court file in relation to the said application and that no inspection shall be permitted unless and until the foreign representatives have had an opportunity to consider and respond to such request.
The order was made on 16 June 2021.
Foreign representative address: c/o Alvarez & Marsal Europe LLP, Park House, 16-18 Finsbury Circus, London EC2M 7EB
Foreign representative email: INS_NMCADGM@alvarezandmarsal.com
Foreign representative telephone number: +971 4 567 1040