Common use of Unlawful Financial Assistance Clause in Contracts

Unlawful Financial Assistance. Without limiting any specific exemptions set out below: (i) no Guaranteed Obligations will extend to include any obligation or liability; and (ii) no security granted by a Luxembourg Guarantor will secure any Guaranteed Obligations, in each case, if to do so would be unlawful financial assistance in respect of the acquisition of shares in itself under Article 49-6 or would constitute a misuse of corporate assets (abus de biens sociaux) as defined at Article 171-1 of the Luxembourg Act on commercial companies of 10 August 1915, as amended.

Unlawful Financial Assistance. Without limiting any specific exemptions set out below: (i) no Guaranteed Obligations will extend to include any obligation or liability; and (ii) no security granted by a Luxembourg Guarantor will secure any Guaranteed Obligations, in each case, if to do so would be unlawful financial assistance in respect of the acquisition of shares in itself under Article 49-6 or would constitute a misuse of corporate assets (abus de des biens sociaux) as defined at Article 171-1 of the Luxembourg Act on commercial companies of 10 August 1915, as amended.