Examples of Dutch Bankruptcy Code in a sentence
The restructuring agreement contains: • a plan for the restructuring of UPC's debt and equity capital and the filing by UPC of a voluntary case under Chapter 11 of the United States Bankruptcy Code and a voluntary provisional moratorium of payments petition and plan of compulsory composition (Akkoord) under the Dutch Bankruptcy Code, and • an agreement by the security holders to forbear from exercising rights and remedies relating to the defaults while the restructuring agreement remains in effect.
Because the Dutch Bankruptcy Code does not provide for the Dutch Bankruptcy Case to avoid compliance with otherwise applicable corporate law, in order to facilitate implementation of the Plan, the Debtor shall hold an extraordinary meeting of the Holders of the UPC Ordinary Shares A, the UPC Priority Shares and the UPC Preference Shares A (the "Extraordinary General Meeting").
UPC shall use its reasonable best efforts to ensure that claims that are treated as administrative claims in the Chapter 11 Case are treated by UPC and the Administrator as claims of "estate creditors" (boedelschuldeisers) or "xxxxxx-suppliers" (dwangcrediteuren) under the Dutch Bankruptcy Code in connection with moratorium proceedings in respect of UPC under the Dutch Bankruptcy Code.
As previously reported, on March 12, 2003, the Amsterdam Court (Rechtbank) (the "Dutch Bankruptcy Court") considered the proposed plan of compulsory composition (Akkoord) under the Dutch Faillissementswet (the "Dutch Bankruptcy Code") filed by United Pan-Europe Communications N.V. (the "Company") at a public hearing and on March 13, 2003, ratified the Akkoord in a written decision.
All matters relating solely to issues of Dutch bankruptcy law shall be governed by and be construed in accordance with the Dutch Bankruptcy Code and all other relevant Dutch Laws, except that the company Laws of The Netherlands shall apply to all matters relating to issues of general corporate law.
In accordance with the Dutch Bankruptcy Code, Critical Vendors who are also "xxxxxx-suppliers," having been paid shall not be treated as creditors of UPC and shall not be entitled to vote on the Akkoord and shall not receive any additional compensation as a result of the Plan or the Akkoord except having their claims paid in full in cash on or as soon as practicable after the Filing Date.
Furthermore, under the Dutch Bankruptcy Code, foreclosure by a holder of a security right in an asset which forms part of a bankrupt estate or is owned by an entity which has been granted a suspension of payments ( surseance van betaling verleend) may be prevented by the bankruptcy court for a maximum period of four months.