P. 76 of 139 In reorganization, the competent court may, at the request of the public prosecutor, the trustee or the controller, if appointed, authorize the conclusion of a leasing business contract when the disappearance or insolvency of activity, even provisional, of the company is that mayjeopardize its restructuring or to cause serious trouble to the national, regional or local economy in the production and distribution of goods and services.
The conclusion of a leasing business contract shall be permitted even in the presence of a repugnant clause in the lease of the property.
The competent court shall refuse authorization where it believes that collateralsecurities offered by the lessee-manager are not sufficient or if the latter is not sufficiently independent from the debtor.
The conditions of the duration of the exploitation of business assets by the debtor for the conclusion of a leasing business contract shall not apply.
The duration of the leasing business contract may not exceed two (2) years; it shall be renewable once for the same duration.
The ruling on the authorization of the leasing business contract shall be communicated and published as stipulated in articles 36 and 37 above.
Unofficial translation
Transcription: Spot-checked
In force from 24-12-2015
Source page 75
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