Luxembourg Terms. In this Agreement, where it relates to a company incorporated under the laws of Luxembourg, a reference to: (i) a “winding-up”, “administration” or “dissolution” includes, without limitation, bankruptcy (faillite), insolvency, voluntary or judicial liquidation (liquidation volontaire ou judiciaire), composition with creditors (concordat préventif de la faillite), reprieve from payment (sursis de paiement), controlled management (gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generally; (ii) a “receiver”, “administrative receiver”, “administrator” or the like includes, without limitation, a juge délégué, commissaire, juge-commissaire, liquidateur or curateur; and (iii) a person being “unable to pay its debts” includes that person being in a state of cessation of payments (cessation de paiements).
Appears in 7 contracts
Sources: Credit Agreement, Incremental Amendment (Aramark), Incremental Amendment (Aramark)
Luxembourg Terms. In this Agreement, where it relates to a company incorporated under the laws of LuxembourgLuxembourg entity, a reference to:
(i1) a “winding-up”, “administration” dissolution or “dissolution” includes, without limitation, bankruptcy administration includes a Luxembourg entity;
(faillitei) being declared bankrupt (faillite déclarée), insolvency, voluntary or judicial ;
(ii) being subject to liquidation judiciaire;
(liquidation volontaire ou judiciaireiii) having filed for controlled management (gestion contrôlée), composition with creditors ;
(concordat préventif de la faillite), 2) a moratorium includes a reprieve from payment (sursis de paiement), controlled management ) or a concordat préventif de faillite
(gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generallyi) a trustee in bankruptcy includes a curateur;
(ii) an administrator includes a “receiver”, “administrative receiver”, “administrator” commissaire or the like includes, without limitation, a juge délégué, commissaire, juge-commissaire, liquidateur ;
(iii) a receiver or an administrative receiver does not include a juge commissaire or a curateur; and
(iiiiv) an attachment includes a person being “unable to pay its debts” includes that person being in a state of cessation of payments (cessation de paiements)saisie.
Appears in 1 contract
Sources: Credit Agreement (Arris Group Inc)
Luxembourg Terms. In this Agreement, where it relates to a company incorporated under the laws of Luxembourg, a reference to:
(ia) a “winding-up”, “administration” administration or “dissolution” dissolution includes, without limitation, bankruptcy (faillite), insolvency, voluntary or judicial liquidation (liquidation volontaire ou judiciaire), composition with creditors (concordat préventif de la faillite), reprieve from payment (sursis de paiement), controlled management (gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generally;
(iib) a “receiver”, “administrative receiver”, “administrator” administrator or the like includes, without limitation, a juge délégué, commissaire, juge-commissaire, liquidateur or curateur; and
(iiic) a person Person being “unable to pay its debts” debts includes that person Person being in a state of cessation of payments (cessation de paiements).
Appears in 1 contract
Sources: Multi Year Senior Unsecured Credit Agreement (TYCO INTERNATIONAL PLC)
Luxembourg Terms. In this Agreement, where it relates to a company incorporated under the laws of Luxembourg, a reference to:
: (ia) a “winding-up”, “administration” administration or “dissolution” dissolution includes, without limitation, bankruptcy (faillite), insolvency, voluntary or judicial liquidation (liquidation volontaire ou 19 judiciaire), composition with creditors (concordat préventif de la faillite), reprieve from payment (sursis de paiement), controlled management (gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generally;
; (iib) a “receiver”, “administrative receiver”, “administrator” administrator or the like includes, without limitation, a juge délégué, commissaire, juge-commissaire, liquidateur or curateur; and
and (iiic) a person Person being “unable to pay its debts” debts includes that person Person being in a state of cessation of payments (cessation de paiements).
Appears in 1 contract
Luxembourg Terms. In this Agreement, where it relates to a company incorporated under the laws of Luxembourg, a reference to:
(ia) a “winding-up”, “administration” administration or “dissolution” dissolution includes, without limitation, bankruptcy (faillite), insolvency, voluntary or judicial liquidation (liquidation volontaire ou 20 judiciaire), composition with creditors (concordat préventif de la faillite), reprieve from payment (sursis de paiement), controlled management (gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generally;
(iib) a “receiver”, “administrative receiver”, “administrator” administrator or the like includes, without limitation, a juge délégué, commissaire, juge-commissaire, liquidateur or curateur; and
(iiic) a person Person being “unable to pay its debts” debts includes that person Person being in a state of cessation of payments (cessation de paiements).
Appears in 1 contract
Sources: Term Loan Credit Agreement (TYCO INTERNATIONAL PLC)
Luxembourg Terms. In this Agreement, where it relates to a company incorporated under the laws of Luxembourg, a reference to:
: (i) a “winding-up”, “administration” or “dissolution” includes, without limitation, bankruptcy (faillite), insolvency, voluntary or judicial liquidation (liquidation volontaire ou judiciaire), composition with creditors (concordat préventif de la faillite), reprieve from payment (sursis de paiement), controlled management (gestion contrôlée), general settlement with creditors, reorganisation or similar laws affecting the rights of creditors generally;
; (ii) a “receiver”, “administrative receiver”, “administrator” or the like includes, without limitation, a juge délégué, commissaire, juge-commissaire, liquidateur or curateur; and
and (iii) a person being “unable to pay its debts” includes that person being in a state of cessation of payments (cessation de paiements).
Appears in 1 contract
Sources: Credit Agreement (Aramark)