Limitations for Dutch Guarantors. Notwithstanding any other provision of this Indenture and without prejudice to the general applicability of Section 11.01 of this Indenture, the guarantee, indemnity and other obligations of any Dutch Guarantor under this Article 11 shall be deemed not to be given to the extent that the same would constitute unlawful financial assistance within the meaning of article 2:98c and/or 2:207c of the Dutch Civil Code or any other applicable financial assistance rules under any applicable law and the provisions of this Article 11 and other provisions of this Indenture shall be construed accordingly.
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Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)
Limitations for Dutch Guarantors. Notwithstanding any other provision of this Indenture and without prejudice to the general applicability of Section 11.01 of this Indenture, the guarantee, indemnity and other obligations of any Dutch Guarantor and any of its subsidiaries under this Article 11 shall be deemed not to be have been given only to the extent that such guarantee does not violate the same would constitute unlawful prohibition on financial assistance within the meaning of article 2:98c and/or or 2:207c of the Dutch Civil Code (Burgerlijk Wetboek) or any other applicable financial assistance rules under any applicable law and the provisions of this Article 11 and other provisions of this Indenture shall be construed accordingly.
Appears in 2 contracts
Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)
Limitations for Dutch Guarantors. Notwithstanding any other provision of this Indenture and without prejudice to the general applicability of Section 11.01 of this Indenture, the guarantee, indemnity and other obligations of any Dutch Guarantor under this Article 11 shall be deemed not to be given to the extent that the same would constitute unlawful financial assistance within the meaning of article 2:98c and/or or 2:207c of the Dutch Civil Code or any other applicable financial assistance rules under any applicable law and the provisions of this Article 11 and other provisions of this Indenture shall be construed accordingly.
Appears in 2 contracts
Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)
Limitations for Dutch Guarantors. Notwithstanding any other provision of this Indenture The guarantee and without prejudice to the general applicability of Section 11.01 of this Indenture, the guarantee, indemnity and other obligations of any Dutch Guarantor organized under the laws of the Netherlands under this Article 11 Agreement shall be deemed not to be given undertaken or incurred by such Guarantor to the extent that the same would constitute unlawful financial assistance within the meaning of article 2:98c and/or Section 2:207c of the Dutch Civil Code or any other applicable financial assistance rules under any applicable law and the provisions of this Article 11 and other provisions Agreement shall in respect of this Indenture shall each such Guarantor be construed accordingly.
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