Examples of German Insolvency Code in a sentence
In case insolvency proceedings are opened against the Issuer, Security Holders can only assert their claims pursuant to the German Insolvency Code (Insolvenzordnung).
According to Section 174 paragraph 3 of the German Insolvency Code, deeply subordinated insolvency claims must not be registered with the insolvency court unless the insolvency court handling the case has granted special permission allowing these deeply subordinated insolvency claims to be filed which is not the rule, but the exception.
The legal existence of the Purchased Lease Receivables assigned under the Receivables Purchase Agreement would generally survive the institution of insolvency proceedings against VWL pursuant to section 108 (1) sentence 2 of the German Insolvency Code (Insolvenzordnung) under the condition that (i) the Leased Vehicles were financed by a third party and (ii) the title to the Purchased Leased Vehicles were transferred to such third party as security for such financing.
In addition, their claims would be waived after the adoption of the insolvency plan unless the insolvency plan makes an exception to this general rule (Section 225 paragraph 1 German Insolvency Code).
If a sale of the Lease Receivables is re-characterised as a secured loan, sections 166 and 51 No. 1 of the German Insolvency Code (Insolvenzordnung) would apply with the following consequences: The insolvency administrator of VWL would have possession of Lease Receivables or other movable objects assigned as security and the Issuer is barred from enforcing the security.
Where applicable, the insolvency administrator may also withhold VAT on such amounts (section 166 (2) of the German Insolvency Code (Insolvenzordnung)).
In particular, in insolvency proceedings over the assets of the Issuer, holders of subordinated debt, such as the Subordinated Notes, will not have any right to vote in the assembly of creditors (Gläubigerversammlung) pursuant to the German Insolvency Code (Insolvenzordnung).No Noteholder may set-off his claims arising under the Subordinated Notes against any claims of the Issuer.
To the Seller's Knowledge, there exist no circumstances which would justify the opening of such proceedings or the avoidance, challenge or rescission of this Agreement, whether under the German Insolvency Code or other similar legislation in other jurisdictions.
They may be invited to participate in the creditors' assembly, but would not be entitled to vote within such meetings (Section 77 paragraph 1 of the German Insolvency Code).In case of insolvency plan proceedings (Insolvenzplanverfahren) the beneficiaries under the Guarantee generally would have no voting right on the adoption of an insolvency plan presented by the Guarantor, the relevant insolvency administrator or custodian (Sections 237 and 246 of the German Insolvency Code).
If a party becomes insolvent pursuant to § 94 of the German Insolvency Code (Insolvenzordnung, "InsO"), it is agreed that the accrued claims of the other party shall fall due upon the commencement of insolvency proceedings.