Common use of Special Luxembourg Provisions Clause in Contracts

Special Luxembourg Provisions. In this Indenture, a reference to: (a) a liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer includes any: (i) juge-commissaire or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (ii) liquidateur appointed under Articles 1100-1 to 1100-15 (inclusive) of the Luxembourg act dated 10 August 1915 on commercial companies, as amended; (iii) juge-commissaire or liquidateur appointed under Article 1200-1 of the Luxembourg act dated 10 August 1915 on commercial companies, as amended; (iv) commissaire appointed under the Grand Ducal decree dated 24 May 1935 on the controlled management regime or under Articles 593 to 614 (inclusive) of the Luxembourg Commercial Code; and (v) juge délégué appointed under the Luxembourg act dated 14 April 1886 on the composition to avoid bankruptcy, as amended; (b) a winding-up, administration or dissolution includes, without limitation, bankruptcy (fail-lite), dissolution or voluntary liquidation (dissolution ou liquidation volontaire), court ordered liquidation (liquidation judiciaire), composition with creditors (concordat préventif de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); (c) a person being unable to pay its debts includes that person being in a state of cessation of payments (cessation de paiements); (d) a lien or security interest includes any hypothèque, nantissement, gage, privilège, sûreté réelle, droit de rétention, and any type of security in rem (sûreté réelle) or agreement or arrangement having a similar effect and any transfer of title by way of security; (e) a guarantee includes any garantie which is independent from the debt to which it relates and excludes any suretyship (cautionnement) within the meaning of Articles 2011 and seq. of the Luxembourg Civil Code; and (f) a director, manager or officer includes its administrateurs or gérants.

Special Luxembourg Provisions. In this Indenture, where it relates to a person incorporated in or organised under the laws of Luxembourg, a reference to: (a) a liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer includes any: (i) juge-commissaire or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (ii) liquidateur appointed under Articles 1100-1 to 1100-15 (inclusive) of the Luxembourg act dated 10 August 1915 on commercial companies, as amended; (iii) juge-commissaire or liquidateur appointed under Article 1200-1 of the Luxembourg act dated 10 August 1915 on commercial companies, as amended; (iv) commissaire appointed under the Grand Ducal decree dated 24 May 1935 on the controlled management regime or under Articles 593 to 614 (inclusive) of the Luxembourg Commercial Code; and (v) juge délégué appointed under the Luxembourg act dated 14 April 1886 on the composition to avoid bankruptcy, as amended; (b) a winding-up, administration or dissolution includes, without limitation, bankruptcy (fail-lite), dissolution or voluntary liquidation (dissolution ou liquidation volontaire), court ordered liquidation (liquidation judiciaire), composition with creditors (concordat préventif de la faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); (c) a person being unable to pay its debts includes that person being in a state of cessation of payments (cessation de paiements); (d) a lien or security interest includes any hypothèque, nantissement, gage, privilège, sûreté réelle, droit de rétention, and any type of security in rem (sûreté réelle) or agreement or arrangement having a similar effect and any transfer of title by way of security; (e) a guarantee includes any garantie which is independent from the debt to which it relates and excludes any suretyship (cautionnement) within the meaning of Articles 2011 and et seq. of the Luxembourg Civil Code; and (f) a director, manager or officer includes its administrateurs or gérants.

Special Luxembourg Provisions. In this Indenture, where it relates to a person incorporated in or organized under the laws of Luxembourg, a reference to: (a) a liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator receiver, administrator or similar officer includes any: (i) juge-commissaire or insolvency receiver (curateur) appointed under the Luxembourg Commercial Code; (ii) liquidateur appointed under Articles 1100-1 to 1100-15 (inclusive) of the Luxembourg act dated 10 August 1915 on commercial companies, as amended; (iii) juge-commissaire or liquidateur appointed under Article 1200-1 of the Luxembourg act dated 10 August 1915 on commercial companies, as amended; (iv) commissaire appointed under the Grand Ducal decree dated 24 May 1935 on the controlled management regime or under Articles 593 to 614 (inclusive) of the Luxembourg Commercial Code; and (v) juge délégué appointed under the Luxembourg act dated 14 April 1886 on the composition to avoid bankruptcy, as amended; (b) a winding-up, administration or dissolution includes, without limitation, bankruptcy (fail-litefaillite), dissolution or voluntary liquidation (dissolution ou liquidation volontaire), court ordered liquidation (liquidation judiciaire), composition with creditors (concordat préventif de la faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôlée); (c) a person being unable to pay its debts includes that person being in a state of cessation of payments (cessation de paiements); (d) a lien or security interest includes any hypothèque, nantissement, gage, privilège, sûreté réelle, droit de rétention, and any type of security in rem (sûreté réelle) or agreement or arrangement having a similar effect and any transfer of title by way of security; (e) a guarantee includes any garantie which is independent from the debt to which it relates and excludes any suretyship (cautionnement) within the meaning of Articles 2011 and et seq. of the Luxembourg Civil Code; and (f) a director, manager or officer includes its administrateurs or gérants.

Special Luxembourg Provisions. In this Indenture, without prejudice to the generality of any provision of the Indenture, to the extent this Indenture relates to the Issuer or any other Lux Grantor, a reference to: (a) a liquidator, trustee in bankruptcy, judicial custodian, compulsory manager, receiver, administrator administrative receiver, administrator or similar officer includes any: (i) juge-commissaire or insolvency receiver (curateur) or juge-commissaire appointed under the Luxembourg Commercial Code; (ii) liquidateur appointed under Articles 1100-1 to 1100-15 (inclusive) of the Luxembourg act Act dated 10 August 1915 on concerning commercial companies, as amendedamended (the “Companies Act 1915”); (iii) liquidateur or juge-commissaire or liquidateur appointed under Article 1200-1 of the Luxembourg act dated 10 August 1915 on commercial companies, as amended;Companies Act 1915; and (iv) commissaire appointed under the Grand Ducal decree dated 24 May 1935 on the controlled management regime or under Articles 593 to 614 (inclusive) of the Luxembourg Commercial Code; and (v) conciliateur d’entreprise, mandataire de justice, juge délégué or administrateur provisoire appointed under the Luxembourg act dated 14 April 1886 7 August 2023 on business continuity and the composition to avoid bankruptcy, as amendedmodernisation of bankruptcy (the “Luxembourg Business Continuity Act”); (b) a winding-up, administration or dissolution includes, without limitation, bankruptcy (fail-lite), faillite) and administrative dissolution or voluntary without liquidation (dissolution ou liquidation volontaire), court ordered liquidation (liquidation judiciaire), composition with creditors (concordat préventif de faillite), moratorium or reprieve from payment (sursis de paiement) and controlled management (gestion contrôléeadministrative sans liquidation); (c) a reorganisation includes, without limitation, judicial reorganisation (réorganisation judiciaire); (d) a person being unable to pay its debts includes that person being in a state of cessation of payments (cessation de paiements); (d) a lien or security interest includes any hypothèque, nantissement, gage, privilège, sûreté réelle, droit de rétention, and any type of security in rem (sûreté réelle) or agreement or arrangement having a similar effect and any transfer of title by way of security;; and (e) commencing negotiations with one or more of its creditors with a guarantee view to rescheduling any of its indebtedness includes any garantie which is independent from the debt such negotiations conducted in order to which it relates and excludes any suretyship reach an amicable agreement (cautionnementaccord amiable) within the meaning of Articles 2011 and seq. of with creditors pursuant to the Luxembourg Civil Code; and (f) a director, manager or officer includes its administrateurs or gérantsBusiness Continuity Act.