Dazu passen auch die Sicherheiten, die Conforama nach Abschluss der Verfahren geben soll. Das stärkt weiterhin den finanziellen Rückhalt für die Restrukturierung:
CVA-SEAG, Proposal
35.5
Security
35.5.2
Without prejudice to any recourse claim or right of contribution or indemnity or equivalent claim the Company may have against AIH in respect of the LSW Claim, in the event that Lux Finco 2 discharges any amount due to LSW (including pursuant to a drawing by LSW under the LSW Accordion facilities under the New Lux Finco 2 Loans) in relation to the LSW Claim, Lux Finco 2 will be entitled, in accordance with the terms of the AIH Deed of Indemnity to a right of contribution against AIH in respect of any such payment, and AIH will following a full and final determination or settlement of the Conversion Proceedings in favour of the Company (subject to paragraphs 35.5.3(i)-35.5.3(iii) and 35.5.4 and any legal or contractual limitations prohibiting or restricting AIH from so doing and subject to the AIH board of directors’ fiduciary duties) grant security to Lux Finco 2 in relation to the AIH Deed of Indemnity.
35.5.3
Newco 3 shall procure that, within 30 days of full and final determination or settlement of the LSW Claim and the Conversion Proceedings in favour of the Company, each member of the Conforama Group, other than Conforama Investissement SNC and each of its Subsidiaries (except to the extent prohibited by the terms of any such full and final determination or settlement of the LSW Claim or the Conversion Proceedings) becomes a guarantor under the New Lux Finco 2 Loans, grants Security in accordance with paragraph 35.5 and, if required by the Lux Finco 2 Intercreditor Agreement, accedes to the Lux Finco 2 Intercreditor Agreement as “Debtor” and as an “Intra-Group Lender” (as such terms are defined therein) provided that the requirements above shall not apply to any member of the Group:
(i) which is subject to any general legal or statutory limitations, corporate benefit and other principles that prohibit, limit or otherwise restrict the ability of such member of the Group to become a guarantor, grant Security or accede to the Lux Finco 2 Intercreditor Agreement;
(ii) where becoming a guarantor, granting Security or acceding to the Lux Finco 2 Intercreditor Agreement would conflict with the fiduciary duties of their directors, officers or employees, contravene any regulatory prohibition or bona fide contractual restriction or result in a risk of personal or criminal liability on the part of any director, officer or employee; or
(iii) which would result in that or any other member of the Group incurring substantial tax or other costs, provided further that the relevant member of the Group has used reasonable endeavours to overcome any such obstacle to the extent achievable at reasonable cost.
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