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Procedural Background
This document is an Order issued by the Grand Court of the Cayman Islands (Financial Services Division) on June 23, 2023, in the official liquidation proceedings of GBC Oil Company Ltd. The Order resolves a summons filed by the Joint Official Liquidators (JOLs) from Alvarez & Marsal, seeking judicial sanction for specific administrative and contractual actions related to the winding up of the company.
Court's Directions and Operative Relief
Upon reviewing the supporting affidavits and hearing counsel for the JOLs, Justice Segal granted the requested relief in its entirety. The Court dispensed with the statutory requirement under CWR O.9 r.1(1) to form a liquidation committee. Furthermore, the Court sanctioned the JOLs' entry into an Assignment Agreement and a Termination and Release Agreement with Omni Bridgeway, effectively transferring the company's rights, title, and interest in defined claims to the third-party funder.
In its dispositive directions, the Court ordered the dissolution of GBC Oil Company Ltd. pursuant to Section 152 of the Companies Act, effective fourteen days from the date of the Order. The Court further directed that the company's books, records, and the JOLs' liquidation files be preserved for a period of three years post-dissolution prior to destruction. No order was made as to costs.