Insolvency Case Related Cross-Border Court Protocols:

A Collection and Analysis

Prepared By:

J. William Boone, Esq.bboone@alston.com

Jason H. Watson, Esq.jwatson@alston.com

Mark I. Duedall, Esq.mduedall@alston.com

William S. Sugden, Esq.wsugden@alston.com

Alston & Bird LLP1201 West Peachtree Street

Atlanta, Georgia, USA 30309Tel: 1-404-881-7000Fax: 1-404-881-7777

I. Cases Studied [1]

• Systech Retail Systems Corp• IWG Services, Ltd. • Loewen Group Inc.• AIOC Corporation

• [1] The protocols described herein are available at http://www.iiiglobal.org/international/protocols.html.

Systech Retail Systems Corp

• Case No. 03-14205, Bankr. E.D.N.C. The debtor was the largest provider of retail point of sale field services in North America at the time of its 2003 bankruptcy filing. In addition to filing abankruptcy petition in the United States, certain of the debtor’s affiliates also filed for relief under the Companies’ Creditors Arrangement Act in Canada. The Ontario case was before the Ontario Superior Court of Justice. The parties entered into theCross-Border Insolvency Protocol for Systech Retail Systems

Corp. and Its Affiliates (the “Systech Protocol”).

IWG Services, Ltd.

• Case No. 99-53169-C, Bankr. W.D. Tex. This case featured parallel insolvency proceedings pending in the Grand Court of Cayman Island and High Court of Justice, Chancery Division Companies Court, England; in addition, a U.S. receiver was appointed in a proceeding filed against the company by the U.S. Securities & Exchange Commission. The IWG companies were investment management and financial services firms, with investors around the world, including in Mexico and Latin America. The operations of the entities were split among the English, Cayman and U.S. companies, requiring the liquidators orother responsible parties for each entity to enter into the Stipulation Regarding Cross-Border Insolvency Protocol (the “IWG Services Cross-Border Insolvency Protocol”).

Loewen Group Inc.

• Case No. 99-1244, Bankr. D. Del. The Loewen Group Inc. was a British Columbia corporation that operated, through various subsidiaries and affiliates, in the United States and Canada. Parallel insolvency proceedings were instituted in the Ontario Superior Court of Justice (Case No. 99-CL-3384) and the United States Bankruptcy Court for the District of Delaware. The two courts entered into the Cross-Border Insolvency Protocol for the

Loewen Group Inc. and Affiliates (the “Loewen Protocol”).

AIOC Corporation

• Case No. 96-B-41895, Bankr. S.D.N.Y. AIOC Corporation and AIOC Resources AG were multinational business entities engaged in the purchase and sale of ferrous, non-ferrous and precious metals and had sales in 1995 of approximately $1.5 billion. An involuntary bankruptcy petition was filed against the debtors on April 11, 1996 and an order for relief was entered onApril 23, 1996 in New York. On August 13, 1996 an involuntary insolvency proceeding for Resources was commented in Zug, Switzerland and was assigned to the Swiss Bankruptcy Office for administration. The parties entered into the Cross-Border Liquidation Protocol for AIOC Resources, AG, et al. (the “AIOC Protocol”). The trustee in the U.S. bankruptcy case also filed a Motion for Order Authorizing Chapter 11 Trustee of AIOC Resources AG to Execute Cross-Border Liquidation Protocol with the Swiss Bankruptcy Office (the “AIOC Motion”).