Antibes Commercial Court

GENERAL REGISTER ENTRY NUMBER: 2001 001962 Enalument_132,00 Dibours, forf Total Greffe T.V.A496% Total TIC_/ A fine katé Le - COMMERCIAL COURT OF ANTIBES FIRST CHAMBER JUDGMENT OF 14/09/2001 CLAIMANT(S) : ME GAUTHIER / REP OF THE CREDITORS OF SA SEBOL OPHIRA II - 630 ROUTE DES DOLINES VALBONNE 06560 SOPHIA ANTIPOLIS REPRESENTED BY: APPEARING IN PERSON ******** DEFENDANT(S) : SEBOL (SA) CHEMIN DE ST CLAUDE CENTRE COMMERCIAL CARREFOUR 06600 ANTIBES REPRESENTED BY: APPEARING IN PERSON ********** COMPOSITION OF THE COURT DURING THE HEARINGS AND DELIBERATION: PRESIDING JUDGE : MONSIEUR PERUGINI GERARD SITTING JUDGE(S) : MONSIEUR SALON MADAME ELBAZ ***** ***** **** • CLERK DURING THE HEARINGS: MAITRE Francoise REES HEARINGS AT THE SITTING OF 12/09/2001 **** *A ******** LE SCEAU CI-DESSUS DE COULEUR BISTRE SONINE QUE VOUS BrES EN PRÉBENCE OUR ORIONAL MANANT DU CREPPE BY JUDGMENT dated 18/05/2001, the Commercial Court of ANTIBES opened administration (redressement judiciaire) proceedings against the SA SEBOL, # trading as MAC DONALD'S, food restaurant, Cherin de Saint Claude, Centre Commercial Carrefour - 06600 ANTIBES; That at the end of the fixed observation period, the Creditors' Representative reported to the Supervising Judge appointed on the progress of the proceedings and the situation of the business; That subsequently, the Supervising Judge reported in order to have the debtor summoned in Chambers and heard on his observations on the follow-up of the proceedings; That the parties concerned in the proceedings were summoned to appear before the Presiding Judge and Judges of the Court sitting in Chambers for the hearing of 12/09/2001, on which date the debtor appeared and the case was reserved for judgment; The Public Prosecutor was notified in accordance with the Law; DISCUSSION Whereas Maitre GAUTHİ ER states That the liabilities amount to 2,774,638.69 F; That only compulsory liquidation of the company can be envisaged; Consequently, It is appropriate to declare the compulsory liquidation of the said business and to appoint the creditors' representative as liquidator in order to carry out the liquidation operations, complete the verification of claims and establish the order of creditors, in accordance with Article L 622-5 of the Commercial Code; FOR THESE REASONS THE COURT, having deliberated in accordance with the law, Ruling by adversarial judgment and at first instance; HAVING REGARD to the provisions of Article I. 622-5 of the Commercial Code, HAVING REGARD to the report of the Supervising Judge; The Public Prosecutor having been heard in his submissions, DECLARES the compulsory liquidation of the SA SEBOL, Trading name: MAC DONALD'S, Chemin de Saint Claude Centre Commercial Carrefour - 06600 ANTIBES; MAINTAINS Monsieur RENAUDI, one of the Members of the Court, as Supervising Judge and Madame PETIT, deputy; APPOINTS Maître Gilles GAUTHIER, OPHIRA II, 630, Route des Dolines SOPHIA ANTIPOLIS - 06560 VALBONNE, as liquidator in order to carry out the liquidation operations of the debtor; Page - 1 ORDERS the Clerk to take all measures provided for in such matters in application of the DECREE of 27 DECEMBER 1985; States that the costs are privileged expenses; THUS JUDGED BY Monsieur Gérard PERUGINI, Presiding Judge of the Chamber, Madame ELBAZ, Monsieur SALON, Assessor Judges, AND PRONOUNCED BY LUN D'EUX IN PUBLIC HEARING OF THE COMMERCIAL COURT OF ANTIBES ON FRIDAY FOURTEENTH SEPTEMBER TWO THOUSAND AND ONE, ASSISTED BY MAITRE REES, ASSOCIATE CLERK. Page - 2