Common use of French Terms Clause in Contracts

French Terms. In this Indenture, where it relates to a French entity and unless the contrary intention appears, a reference to: (a) a “similar officer” includes an administrateur judiciaire, a mandataire ad hoc, a conciliateur, a mandataire liquidateur or any other person appointed as a result of any proceedings under articles L. 611-3 to L. 611-16 of the French Commercial Code; (b) a “winding-up”, “dissolution”, “administration”, or “amalgamation” includes (without limitation) a redressement judiciaire, cession totale ou partielle de l'entreprise, liquidation judiciaire or a procédure de sauvegarde under Livre Sixième of the French Commercial Code; (c) “other proceeding seeking liquidation, reorganization or other relief” shall include, without limitation: (i) proceedings for the appointment of a mandataire ad hoc for a conciliation in accordance with Articles L.611-3 to L.611-16 of the French Commercial Code, and (ii) the entry of a judgment for sauvegarde, redressement judiciaire, cession totale de l’entrepris, liquidation judiciaire or cession totale de l’entreprise under Articles L.620-1 to L.670-8 of the French Commercial Code; (d) a person failing generally to pay its debts as they become due is that person being in a state of cessation des paiements within the meaning of the French Commercial Code; (e) “control” has the meaning given in article L.233-3 I and II of the French Commercial Code; (f) “gross negligence” means “faute lourde”; (g) “merger” includes any fusion implemented in accordance with articles L.236-1 to L.236-24 of the French Commercial Code; (h) a “guarantee” includes, as regards French law, any “cautionnement”, “aval”, any “garantie” which is independent from the debt to which it relates and any type of “sûreté personnelle”; (i) a “security interest” or “lien” includes any type of security (sûreté réelle) and transfer by way of security and fiducie sûreté; (j) “wilful misconduct” means “dol”; (k) the “French Civil Code” means the Code Civil; (l) the “French Commercial Code” means the Code de commerce.

French Terms. In this Indenture, where it relates to a French entity and unless the contrary intention appears, a reference to: (a) an “administrator” or a “similar officer” includes an administrateur judiciaire, a mandataire ad hoc, a conciliateur, a mandataire liquidateur or any other person appointed as a result of any proceedings under articles L. 611-3 to L. 611-16 of the French Commercial Code; (b) a “winding-up”, “dissolution”, “administration”, or “amalgamation” includes (without limitation) a redressement judiciaire, cession totale ou partielle de l'entreprisel’entreprise, liquidation judiciaire or a procédure de sauvegarde under Livre Sixième of the French Commercial Code; (c) “other proceeding seeking liquidation, reorganization or other relief” shall include, without limitation: (i) proceedings for the appointment of a mandataire ad hoc for a conciliation in accordance with Articles L.611-3 to L.611-16 of the French Commercial Code, and (ii) the entry of a judgment for sauvegarde, redressement judiciaire, cession totale de l’entrepris, liquidation judiciaire or cession totale de l’entreprise under Articles L.620-1 to L.670-8 of the French Commercial Code; (d) a person failing generally to pay its debts as they become due is that person being in a state of cessation des paiements within the meaning of the French Commercial Code; (e) “control” has the meaning given in article L.233-3 I and II of the French Commercial Code; (f) “gross negligence” means “faute lourde”; (g) “merger” includes any fusion implemented in accordance with articles L.236-1 to L.236-24 of the French Commercial Code; (h) a “guarantee” includes, as regards French law, any “cautionnement”, “aval”, any “garantie” which is independent from the debt to which it relates and any type of “sûreté personnelle”; (i) a “security interest” or “lien” includes any type of security (sûreté réelle) and transfer by way of security and fiducie sûreté; (j) “wilful misconduct” means “dol”; (k) the “French Civil Code” means the Code Civil; (l) the “French Commercial Code” means the Code de commerce.

French Terms. In this IndentureAgreement, where it relates to a French entity and unless the contrary intention appears, a reference to: (a) an "administrator" or a “"similar officer” " includes an administrateur judiciaire, a mandataire ad hoc, a conciliateur, a mandataire liquidateur or any other person appointed as a result of any proceedings under articles L. 611-3 to L. 611-16 of the French Commercial Code; (b) a “"winding-up”", “"dissolution”", “"administration”", or “"amalgamation” " includes (without limitation) a redressement judiciaire, cession totale ou partielle de l'entreprise, liquidation judiciaire or a procédure de sauvegarde under Livre Sixième of the French Commercial Code; (c) “other proceeding seeking liquidation, reorganization "any analogous procedure or step" or "legal proceedings or other relief” procedures" shall include, without limitation: (i) proceedings for the appointment of a mandataire ad hoc for a conciliation in accordance with Articles L.611-3 to L.611-16 of the French Commercial Code, and (ii) the entry of a judgment for sauvegarde, redressement judiciaire, cession totale de l’entreprisl'entrepris, liquidation judiciaire or cession totale de l’entreprise l'entreprise under Articles L.620-1 to L.670-8 of the French Commercial Code; (d) a person failing generally being unable to pay its debts as they become due is that person being in a state of cessation des paiements within the meaning of the French Commercial Code; (e) “"control” " has the meaning given in article L.233-3 I and II of the French Commercial Code; (f) “"gross negligence” " means “"faute lourde”"; (g) “"merger” " includes any fusion implemented in accordance with articles L.236-1 to L.236-24 of the French Commercial Code; (h) a “"guarantee” " includes, as regards French law, any “"cautionnement”", “"aval”", any “"garantie” " which is independent from the debt to which it relates and any type of “"sûreté personnelle”"; (i) a “"security interest” or “lien” " includes any type of security (sûreté réelle) and transfer by way of security and fiducie sûreté; (j) “"wilful misconduct” " means “"dol”"; (k) the “"French Civil Code” " means the Code Civil; (l) the “"French Commercial Code” " means the Code de commerce.

French Terms. In this IndentureAgreement, where it relates to a French entity and unless the contrary intention appears, a reference to: (a) an "administrator" or a “"similar officer” " includes an administrateur judiciaire, a mandataire ad hoc, a conciliateur, a mandataire liquidateur or any other person appointed as a result of any proceedings under articles L. 611-3 to L. 611-16 of the French Commercial Code; (b) a “"winding-up”", “"dissolution”", “"administration”", or “"amalgamation” " includes (without limitation) a redressement judiciaire, cession totale ou partielle de l'entreprise, liquidation judiciaire or a procédure de sauvegarde under Livre Sixième of the French Commercial Code; (c) “other proceeding seeking liquidation, reorganization "any analogous procedure or step" or "legal proceedings or other relief” procedures" shall include, without limitation: (i) proceedings for the appointment of a mandataire ad hoc for a conciliation in accordance with Articles L.611-3 to L.611-16 of the French Commercial Code, and (ii) the entry of a judgment for sauvegarde, redressement judiciaire, cession totale de l’entrepris, liquidation judiciaire or cession totale de l’entreprise l'entreprise under Articles L.620-1 to L.670-8 of the French Commercial Code; (d) a person failing generally being unable to pay its debts as they become due is that person being in a state of cessation des paiements within the meaning of the French Commercial Code; (e) “"control” " has the meaning given in article L.233-3 I and II of the French Commercial Code; (f) “"gross negligence” " means “"faute lourde”"; (g) “"merger” " includes any fusion implemented in accordance with articles L.236-1 to L.236-24 of the French Commercial Code; (h) a “"guarantee” " includes, as regards French law, any “"cautionnement”", “"aval”", any “"garantie” " which is independent from the debt to which it relates and any type of “"sûreté personnelle”"; (i) a “"security interest” or “lien” " includes any type of security (sûreté réelle) and transfer by way of security and fiducie sûreté; (j) “"wilful misconduct” " means “"dol”"; (k) the “"French Civil Code” " means the Code Civil; (l) the “"French Commercial Code” " means the Code de commerce.