It can be used across classes of creditors and members, as well as within classes (as with a scheme of arrangement).
Voting within classes: 75% by value; no numerosity requirement.
Voting by classes: only one class needs to approve the plan (approving class must have a genuine economic interest in the company).
Classes excluded from voting: every class affected by the plan has to participate unless that class has no genuine economic interest.
Within class cram-down: yes.
Cross-class cram-down: yes, if:
- classes who vote against the plan and are to be crammed down are no worse off than in the ‘relevant alternative’ (most likely to occur if the plan is not sanctioned)
- the plan is agreed by a class who would receive a payment, or would have a genuine economic interest in the company, in the event of the relevant alternative
Non-financial creditors: can be considered a class and part of the plan; no numerosity requirement.