Примеры использования Substantive consolidation на Английском языке и их переводы на Русский язык
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Colloquial
For instance, substantive consolidation should not be used to get around defences
the concern was expressed that the transfer of assets might suggest substantive consolidation of the lender and borrower.
the guarantor was not subject to the order for substantive consolidation.
further emphasize that substantive consolidation would only apply in exceptional circumstances.
It was added that the same principle should apply to the inclusion of additional group members in the substantive consolidation.
One issue to be considered in that situation is whether a single objection would be sufficient to prevent substantive consolidation from occurring.
the possibility that it might be interpreted as supporting substantive consolidation in a cross-border context.
more members of the same corporate group substantive consolidation.
establishing a common date for all enterprise group members when substantive consolidation was ordered subsequent to commencement of insolvency proceedings.
There are, however, legislative proposals that would permit substantive consolidation in the context of various types of reorganization.
be revised to"substantive consolidation" was supported.
It is therefore arguable that such de facto substantive consolidation undermines the basic principles of separate legal personality.
The Working Group considered substantive consolidation on the basis of draft recommendations 16-18 of document A/CN.9/WG. V/WP.78/Add.1.
It was indicated that since the insolvency representative would often be in the best position to apply for substantive consolidation, it should be permitted to apply.
That approach might result in a different date for each group member subject to the substantive consolidation order, which might in practice be cumbersome to implement.
to achieve substantive consolidation.
In fact, substantive consolidation is narrowly restricted and in fact US bankruptcy courts' authority to order substantive consolidation has been questioned in Re NM Holdings Company LLC.
The lender argued that the debts became mutual when substantive consolidation occurred which had the effect of pooling the assets and liabilities of the separate entities.
Further, it was emphasized that that principle should be the general rule and substantive consolidation should be an exception,
A further observation was that substantive consolidation would be very difficult to achieve without the unanimous support of the courts of all States in which insolvency proceedings had commenced with respect to group members.