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2009/940/EC: Council Decision of 30 November 2009 on the… CHAPTER I — SPHERE OF APPLICATION AND GENERAL PROVISIONS

Article 1 · 1 article

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Defined terms

Article 1

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1.   In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention. 2.   In this Protocol the following terms are employed with the meanings set out below: (a) ‘guarantee contract’ means a contract entered into by a person as guarantor; (b) ‘guarantor’ means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance; (c) ‘insolvency-related event’ means: (i) the commencement of the insolvency proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action; (d) ‘primary insolvency jurisdiction’ means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise; (e) ‘railway rolling stock’ means vehicles movable on a fixed railway track or directly on, above or below a guideway, together with traction systems, engines, brakes, axles, bogies, pantographs, accessories and other components, equipment and parts, in each case installed on or incorporated in the vehicles, and together with all data, manuals and records relating thereto.

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