The acquiring company shall be the debtor of the creditors, who are not debenture holders, of
the acquired company instead of the latter, without such substitution entailing a novation on
their part.
Creditors, who are not debenture holders, of the companies participating in the merger
transaction, including the lessors of premises hired by the acquired companies, whose claim is
made prior to the publicity given the proposed merger, may file an opposition to the proposal
within a period of thirty days from the date of such publicity before the competent court.
The president of the competent court shall rule against the opposition or order either the
reimbursement of the debts or the provision of guarantees where the company can offer such
guarantees and where they are considered adequate.
Failing reimbursement of the debts or provision of the guarantees ordered, the merger shall not
have effect vis-à-vis this creditor.
The opposition filed by a creditor may not lead to the suspension of the merger transaction.
Official translation
Spot-checked
In force from 17 April 1997
Source page 152