CmaBylaw
Executive Bylaws
11-73 Liquidation and Bankruptcy Of Module Eleven: Dealing in Securities
Section: Chapter Eleven: Sukuk Regulations
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Tuesday, 14 February 2017
An Issuer and an Obligor shall notify the Authority and Representative of any matters that may affect the Obligor’s ability to perform the obligations arising from Sukuk, particularly the following: 1. Inability or declaration of failure to meet the debts upon their maturity, declaration of inability to repay debts in accordance with the relevant laws, suspension of certain payments of debt or entering into negotiations on the actual or expected financial difficulties with one or more creditors with the aim of scheduling debt. 2. The Obligor’s assets being less than its obligations, taking into account any potential and emergent obligations. 3. Any legal action is taken with the purpose of restructuring, liquidation, bankruptcy, winding up, plan of preventive composition, reconciliation, waiver, settlement with any creditor, liquidation application, issue of any order for the Obligor’s liquidation or assignment of an administrator, liquidator, receiver or any other similar official related to the Obligor or the Obligor’s assets. 4. Issue of a resolution of winding up, liquidation or termination of a period of time which entails that the Obligor shall be subject to the procedures of liquidation, bankruptcy or winding up. 5. Issue of a preliminary or final judgment, resolution or order of a judicial entity, which may affect negatively the ability of the Obligor to use any part of its assets, whose total value is more than 5% of the value of the net assets.
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