Primjeri korištenja Interim financing na Engleski i njihovi prijevodi na Hrvatskom
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Protection for new financing and interim financing 1.
Protection for new financing, interim financing and other restructuring related transactions.
Since november 2005 the company also approves loans for interim financing.
Protection for new financing, interim financing and other restructuring related transactions Article 16.
Furthermore, this Directive should not prevent Member States from introducing an ex ante control mechanism for interim financing.
Member States shall ensure that new financing and interim financing are adequately protected.
When interim financing is extended, the parties do not know whether the restructuring plan will be eventually confirmed or not.
In such cases, Member States shall rank new financing and interim financing at least senior to the claims of ordinary unsecured creditors.
Protection from avoidance actions andprotection from personal liability are minimum guarantees that should be granted to interim financing and new financing. .
Member States may exclude from the application of paragraph 1 interim financing which is granted after the debtor has become unable to pay its debts as they fall due.
Member States should be able to limit the protection for new financing to cases where the plan is confirmedby a judicial or administrative authority and for interim financing to cases where it is subject to ex ante control.
For example, Member States may further encourage new and interim financing in restructuring procedures by giving it priority ranking above pre-restructuring claims in subsequent liquidation procedures.
Member States may provide that paragraph 1 shall only apply to new financing if the restructuring plan has been confirmed by a judicial oradministrative authority, and to interim financing which has been subject to ex ante control.
Member States may provide that grantors of new or interim financing are entitled to receive payment with priority in the context of subsequent insolvency procedures in relation to other creditors that would otherwise have superior or equal claims.
As opposed to new financing which should be confirmed by a judicial or administrative authority as part of a restructuring plan,when interim financing is extended the parties do not know whether the plan will be eventually confirmed or not.
Member States may afford grantors of new or interim financing the right to receive payment with priority in the context of subsequent liquidation procedures in relation to other creditors that would otherwise have superior or equal claims to money or assets.
The Provincial Government shall decide by majority votes cast by all members of the Provincial Government on establishing the draft development programme, establishing the draft budget andannual balance sheet, on interim financing and setting up the report on its activities which shall be submitted to the Assembly.
This Directive should be without prejudice to other grounds for declaring new or interim financing void, voidable or unenforceable, or for triggering civil, criminal or administrative liability for providers of such financing, as laid down in national law.
(12)'interim financing' means any funds, whether provided by an existing or new creditor, that is reasonably and immediately necessary for the debtor's business to continue operating or to survive, or to preserve or enhance the value of that business pending the confirmation of a restructuring plan;
Article 16 and 17:provide minimum protection for new financing necessary to implement a restructuring plan, for interim financing incurred to ensure a business's continuity during restructuring negotiations, and for other transactions concluded in close connection with a restructuring plan.
Interim financing and new financing should therefore be exempt from avoidance actions which seek to declare such financing void, voidable or unenforceable as an act detrimental to the general body of creditors in the context of subsequent insolvency procedures.
The grantors of new financing and interim financing in a restructuring process shall be exempted from civil, administrative and criminal liability in the context of the subsequent insolvency of the debtor, unless such financing has been granted fraudulently or in bad faith.
New financing or interim financing should therefore be exempt from avoidance actions which seek to declare such financing void, voidable or unenforceable as an act detrimental to the general body of creditors in the context of subsequent insolvency procedures.