Scheme Proceedings

CATCo Reinsurance Opportunities Fund Ltd. (the "Public Fund") and the Markel CATCo Reinsurance Fund Ltd. the "Private Fund" and together with the Public Fund, the "Funds") have announced that the Closing Date of the Schemes of Arrangement under section 99 of the Bermuda Companies Act 1981 (the "Schemes") for each of the Funds to implement the Buy-Out Transaction occurred on 28 March 2022.

Private Fund Distributions and Early Consent Fee

Private Fund investors have been contacted by the Registrar individually regarding distributions, which will be processed in accordance with the Schemes. The 2% Early Consent Fee payable to holders of Shares that provided a support undertaking will be paid at the same time as the Scheme Distributions. Investors will receive an individual Buy-Out Transaction completion statement by email around the time their distribution is processed.

Public Fund Distributions and Early Consent Fee


The Public Fund has issued an announcement describing the process and timing for payment of the Public Fund Scheme Distributions and the Early Consent Fee. 

Sanction of Schemes

On 11 March 2022, the Bermuda Court ordered that Schemes be sanctioned. The Schemes were delivered to the Bermuda Registrar of Companies for registration on 14 March 2022 (the Lodgement Date). On 16 March 2022 the U.S. Bankruptcy Court made orders recognising and enforcing the Schemes.

Documents relating to the Scheme can be found under the 'Scheme Documents' tab



Key Dates


28 October 2021

Practice Direction Letter sent 



16 February 2022

Convening Orders Entered 


18 February 2022

Explanatory Statement Published 


 

2 March 2022 at 2.00pm (AST)

Scheme Record Date



4 March 2022 at 8:00 a.m. (AST)

Public Fund Scheme Meetings


 

4 March 2022 at 10:15 a.m. (AST)

Private Fund Scheme Meetings


 

11 March 2022 at 10:15 a.m. (AST)

Sanction Hearing



14 March 2022 

Lodgement Date



28 March 2022 at 10:15 a.m. (AST)

Closing Date




 

DATA ACCESS AGREEMENT 

 

  • “In connection with the joint provisional liquidations of Markel CATCo Investment Management Ltd., Markel CATCo Reinsurance Fund Ltd. (Private Fund), CATCo Reinsurance Opportunities Fund Ltd. (Public Fund) and Markel CATCo Re Ltd. (collectively, the Companies), AlixPartners has agreed to disclose Information to investors and creditors (Receiving Parties) in relation to the Schemes of Arrangement of the Public Fund and Private Fund, Joint Provisional Liquidations, and the Chapter 15 Proceedings of the Companies.
  • Information means all information that AlixPartners discloses or makes available to Receiving Parties, including, without limitation, information which is confidential and proprietary to the Companies or otherwise not generally available to the public and which includes among other things, documents, files, reports and other written or electronic information and data relating to the Companies, Schemes of Arrangement, Joint Provisional Liquidations, or the Chapter 15 Proceedings.   
  • AlixPartners nor their advisers has made or makes any representation or warranty to the accuracy or completeness of any Information provided or any other information supplied or as to the reasonableness of any assumptions on which any of the same is based (and there is no obligation on AlixPartners or any of its representatives to update or correct such information) and the Receiving Parties agree, on behalf of itself and its representatives, that neither AlixPartners nor any of its representatives shall have any liability to the Receiving Parties, or to any of its representatives, resulting from the use of the Information or any other information supplied”