Common use of Luxembourg Terms Clause in Contracts

Luxembourg Terms. In this Agreement, a reference to: (i) a “liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer” includes any: (A) juge-commissaire and/or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (B) liquidateur appointed under Articles 141 to 151 of the Luxembourg Act dated 10 August 1915; (C) juge-commissaire and/or liquidateur appointed under Article 203 of the Luxembourg Act dated 10 August 1915 on commercial companies; (D) commissaire appointed under the Grand-Ducal Decree dated 24 May 1935 or under Articles 593 to 614 of the Luxembourg Commercial Code; and (E) juge délégué appointed under the Luxembourg Act dated 14 April 1886; (ii) a “winding-up, administration or dissolution” includes, without limitation, bankruptcy (faillite), liquidation, composition with creditors (concordat préventif de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); and (iii) a person being “unable to pay its debts” includes that person being in a state of cessation of payments (cessation de paiements).

Luxembourg Terms. In this Agreement, a reference to: (i) a “liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer” includes any: (A) juge-commissaire and/or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (B) liquidateur appointed under Articles 141 to 151 of the Luxembourg Act dated 10 August 1915; (C) juge-commissaire and/or liquidateur appointed under Article 203 of the Luxembourg Act dated 10 August 1915 on commercial companies; (D) commissaire appointed under the Grand-Ducal Decree dated 24 May 1935 or under Articles 593 to 614 of the Luxembourg Commercial Code; and (E) juge délégué appointed under the Luxembourg Act dated 14 April 1886; (ii) a “winding-up, administration or dissolution” includes, without limitation, bankruptcy (faillite), liquidation, composition with creditors (concordat préventif de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); and (iii) a person being “unable to pay its debts” includes that person being in a state of cessation of payments (cessation de paiementspaiement).”

Luxembourg Terms. In this Agreement, a reference to: (i) a “liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer” includes any: (A) juge-commissaire and/or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (B) liquidateur appointed under Articles 141 1101 to 151 1100-15 of the Luxembourg Act dated 10 August 19151915 on commercial companies, as amended; (C) juge-commissaire and/or liquidateur appointed under Article 203 1200-1 of the Luxembourg Act dated 10 August 1915 on commercial companies, as amended; (D) commissaire appointed under the Grand-Ducal Decree dated 24 May 1935 or under Articles 593 to 614 of the Luxembourg Commercial Code; and (E) juge délégué appointed under the Luxembourg Act dated 14 April 1886;. (ii) a “winding-up, administration or dissolution” includes, without limitation, bankruptcy (faillite), liquidation, composition with creditors (concordat préventif de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); and (iii) a person being “unable to pay its debts” includes that person being in a state of cessation of payments (cessation de paiementspaiement).”

Luxembourg Terms. In this Agreement, a reference to: (ia) a “liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer” officer includes any: (Ai) juge-commissaire and/or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (Bii) liquidateur appointed under Articles 141 to 151 of the Luxembourg Act dated act of 10 August 19151915 on commercial companies, as amended; (Ciii) juge-commissaire and/or liquidateur appointed under Article 203 of the Luxembourg Act act dated 10 August 1915 on commercial companies, as amended; (Div) commissaire appointed under the Grand-Ducal Decree dated decree of 24 May 1935 on the controlled management regime or under Articles 593 to 614 of the Luxembourg Commercial Code; and (Ev) juge délégué appointed under the Luxembourg Act dated act of 14 April 18861886 on the composition to avoid bankruptcy, as amended; (iib) a “winding-up, administration or dissolution” dissolution includes, without limitation, bankruptcy (faillite), liquidation, composition with creditors (concordat préventif de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); and (iiic) a person being “unable to pay its debts” debts includes that person being in a state of cessation of payments (cessation de paiements).

Luxembourg Terms. In this Agreement, a reference to: (ia) a “composition, assignment or similar arrangement with any creditor includes a juge délégué appointed under the Luxembourg Act dated 14 April 1886; (b) a liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer” officer includes any: (Ai) juge-commissaire and/or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (Bii) liquidateur appointed under Articles 141 to 151 of the Luxembourg Act dated 10 August 19151915 on commercial companies as amended; (Ciii) juge-commissaire and/or liquidateur appointed under Article 203 of the Luxembourg Act dated 10 August 1915 on commercial companies;companies as amended; and (Div) commissaire appointed under the Grand-Ducal Decree dated 24 May 1935 or under Articles 593 to 614 of the Luxembourg Commercial Code; and (E) juge délégué appointed under the Luxembourg Act dated 14 April 1886; (iic) a “winding-up, administration or dissolution” dissolution includes, without limitation, bankruptcy (faillite), liquidation, composition with creditors (concordat préventif preventif. de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôléecontrolee); and (iiid) a person being “unable to pay its debts” his debt includes that person being in a state of cessation of payments (cessation de paiements).