Examples of German Insolvency Code in a sentence
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 case insolvency proceedings are opened against the Issuer, Security Holders can only assert their claims pursuant to the German Insolvency Code (Insolvenzordnung).
The provisions of the German Insolvency Code shall remain unaffected.
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.
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).
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 the case of prepayment or cash transactions within the meaning of § 142 of the German Insolvency Code, only the simple reservation of title in accordance with sentence 1 shall apply; the balance reservation shall not apply in this case.
In the context of this Condition 3.3 (Limited Recourse), "extinguished" means that such claim will not lapse, but will be deferred and subordinated in accordance with Section 39 para 2 of the German Insolvency Code (Insolvenzordnung) to all current and future claims of the other creditors of the Issuer as set out in Section 39 para 1 no 1 to 5 of the German Insolvency Code (Insolvenzordnung).
For the purposes of the first sentence of Article 3(1) of the Settlement Finality Directive and the third sentence of § 116, § 96(2), § 82 and § 340(3) of the German Insolvency Code ( Insolvenzordnung) and the last sentence of § 46(2) of the KWG, payment orders are deemed entered into TARGET2-ECB at the moment that the relevant participant’s PM account is debited.