Dutch Terms. (a) In relation to any entity that is incorporated, or where applicable, has its centre of main interest in the Netherlands, a reference to:
Dutch Terms. In this Agreement, where it relates to a Borrower which is incorporated under Dutch law a reference to:
Dutch Terms. In this Agreement, where it relates to a Dutch person or the context so requires, a reference to (i) ‘works council’ means each works council (ondernemingsraad) or central or group works council (centrale of groeps ondernemingsraad) within the meaning of the Works Councils Act of the Netherlands (Wet op de ondernemingsraden) having jurisdiction over that person, (ii) the execution, delivery and performance of any document or action having been ‘duly authorized’ includes any action required to comply with the Works Councils Act of the Netherlands (Wet op de ondernemingsraden) and obtaining an unconditional positive advice (advies) from the competent works council(s), (iii) ‘constituent documents’ means the deed of incorporation (akte van oprichting), articles of association (statuten), and an up-to-date extract of the Trade Register of the Dutch Chamber of Commerce relating to that person, (iv) a ‘bankruptcy’, ‘winding-up’, ‘liquidation’ or ‘dissolution’ includes that person being declared bankrupt (failliet verklaard) or dissolved (ontbonden), (v) a ‘moratorium’ includes (voorlopige) surseance van betaling, (vi) ‘admit in writing its inability or fail generally to pay its debts’ includes that person having filed a notice under Section 36 of the Tax Collection Act of the Netherlands (Invorderingswet 1990) or Section 60 of the Social Insurance Financing Act of the Netherlands (Wet Financiering Sociale Verzekeringen) in conjunction with Section 36 of the Tax Collection Act of the Netherlands (Invorderingswet 1990), (vii) a ‘liquidator’ or ‘trustee in bankruptcy’ includes a curator or a beoogd curator, (viii) an ‘administrator’ includes a bewindvoerder or a beoogd bewindvoerder, and (ix) a ‘lien’ includes any mortgage (hypotheek), pledge (pandrecht), retention of title arrangement (eigendomsvoorbehoud), privilege (voorrecht), right of retention (recht van retentie), right to reclaim goods (recht van reclame), and any right in rem (beperkt recht), created for the purpose of granting security (goederenrechtelijk zekerheidsrecht).
Dutch Terms. In this Agreement and any other Credit Document, where it relates to an entity incorporated in The Netherlands, a reference to:
Dutch Terms. In this Agreement, where it relates to a Dutch Domiciled Credit Party, or Dutch security, a reference to:
Dutch Terms. In this Agreement, where it relates to or has an effect on a Dutch entity or its assets, or Dutch security, then, solely for purposes of Dutch law, a reference to:
Dutch Terms. In this Agreement, a reference to: (a) a “board of directors” means a managing board (bestuur) when a Dutch Loan Party;
Dutch Terms. In this Indenture, where it relates to a Dutch Domiciled Grantor, a reference to financial assistance means any action or contemplated action prohibited under section 2:98(c) of the Dutch Civil Code.
