Qualified Subordinated Contract. 8.1 In the event of bankruptcy, the Crowd-investor irrevocably subordinates his claims arising from this Subordinated loan to the order of priority of all claims of other present and future creditors (other than creditors who are also crowd-investors). The Crowd-investor may not seek satisfaction of his claims arising from this Subordinated loan above, but only on coequal terms with any restitution claims of shareholders of the Company.
Qualified Subordinated Contract. 8.1 The crowd investor hereby subordinates all present and future claims, including any amount repayable, interest or appreciation in value, to the order of priority below any present or future claims to be made by other creditors of the company. Any 'subordination of priority' claims from other crowd investors will have the same status. The crowd investor may demand satisfaction from the aforementioned claims only after any liabilities exceeding the assets that may exist have been cleared, or, in the case of liquidation, after the priority creditors have received satisfaction out of any future net profit, liquidation surplus or other free assets. In addition, in the case of insolvency or liquidation any claims made by the crowd funder will be considered not above, but only on coequal terms with any restitution claims made by the shareholders. Therefore, payments will be made through the company only if there is positive capital available and providing that the disbursement of each amount due would not cause company insolvency or create any reason for insolvency. Should any due sums not be paid out owing to such constraints, in each case disbursement will be made on the earliest possible date; until that date interest will accrue at the rate stated in section 1.
Qualified Subordinated Contract. 8.1 In accordance with § 67 para 3 of the Insolvency Statute, the Crowd-investor hereby declares that he shall seek the satisfaction of his claims stemming from this loan contract only after the elimination of negative equity capital (§ 225 para 1 of the Austrian Commercial Code [UGB]) or in the event of liquidation after all creditors' claims have been met, and that no insolvency proceedings shall be opened because of these liabilities. Payments by the Company shall only then take place if a positive equity capital is available and insofar as payment of the amount due shall not lead to insolvency of the Company; should the amount based on such restrictions not be paid, the payment shall take place at the earliest possible date and shall until then bear the Base interest rate stated in section 1.