Примеры использования Group context на Английском языке и их переводы на Русский язык
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In the group context, it may be desirable to maintain the same approach, even though it may prove difficult in practice.
The group developed a"collective spirit of individuality" by emphasizing the importance of the individual in a group context.
A further issue in the group context might relate to whether transactions were entered into in the ordinary course of business.
It was noted, for example,that recommendation 67 should apply to post-commencement finance in the group context.
In the group context, that would include a group member and a creditor of any such group member.
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There was broad agreement on the importance of post-application andpost-commencement finance in the group context.
It may be appropriate to consider how those elements would apply in the group context and whether a different approach is required.
It was further said that such a rule would be alternative to those on avoidance and set-off in the group context.
The provision of finance in the group context raises issues concerning possible prejudice and conflict of interest that are not relevant in the case.
After discussion, it was agreed that the approach of the Legislative Guide should apply to the group context.
Additional details that might relevantly be disclosed in the group context included details with respect to group operations and functioning of the group as such.
It was generally agreed thatparticipation by creditors and interested parties in a group context could be strengthened.
Centre of main interests in the enterprise group context(including international aspects such as jurisdiction, access and recognition);directors' obligations in the group context.
Another approach might be to devise different majority requirements that are specifically designed to facilitate approval in the group context.
The reasons for promoting the availability of post-commencement finance in the group context are therefore similar to the case of the individual debtor, although a number of issues different to those relating to the individual debtor are likely to arise.
It was observed that the discussion on substantive issues might suggest instances in which these principles might need to be refined in the group context.
Amendments may involve, for example,changing the terms of the agreement or adding a party, which in the group context might include an insolvency representative appointed in proceedings concerning additional group members.291 188.
The issue for consideration by the Working Group, it was suggested,was whether further treatment was required to address transactions occurring in the group context.
As a general consideration,it was suggested that the commentary should discuss the manner in which post-commencement finance in the group context might be negotiated between insolvency representatives and occur only as the result of an agreement between them.
In addition to the fundamental right of access to insolvency proceedings,the Working Group noted that it would need to consider what access entitled the relevant party to do in the group context.
After discussion, it was agreed that additional considerations concerning imminent insolvency in a group context might be addressed in commentary to this work.
It was further recalled that draft recommendation 215 left that priority to be regulated by domestic law,as the Working Group had agreed not to specify the ranking of priorities in the group context.
Be transferred from the distressed group member to other group members to enable those assets to continue to be used in the group context and avoid their being subject to any insolvency proceedings.
With respect to commencement of insolvency proceedings,the question was raised as to whether the commencement standard of recommendation 15 of the Legislative Guide was broad enough to encompass notions of imminent insolvency that might be encountered in a group context.
The advantages and disadvantages of the different considerations with respect to authorization that would also apply in the group context are discussed in part two, chapter II, paragraphs 105-106.
A number of situations in which special treatment of a related person's claim might be justified(e.g., where the debtor is severely undercapitalized and where there is evidence of self-dealing) are identified in part two, chapter V, paragraph 48, andwould generally be relevant in the group context.
For these reasons, it is desirable that an insolvency law consider these issues in the group context and include group-related factors as matters to be taken into account in determining whether a particular transaction between group members would be subject to avoidance under recommendation 87.
Although the discussion proceeded from experience with the Model Law and the EC Regulation,it was suggested that a broader approach to COMI in the group context should be adopted, as those texts did not apply universally.
However, the mere fact of a special relationship with the debtor,including, in the group context, membership of the same enterprise group, may not be sufficient in all cases to justify special treatment of a creditor's claim, especially since to do so can in turn disadvantage the creditors of that creditor.
The Working Group noted that part three of the Legislative Guide(recommendations 240-250) already dealt with many of theissues of cooperation and coordination that might be relevant in the group context and considered whether further provisions might be required.