English
1/ In case of the sale of the business as a going-concern, the
court shall verify that no reorganization plan had been
adopted by the required majority of creditors and that the
business plan of the winning bidder has a reasonable
prospect of assuring the viability of the business.
2/ The Court shall order the transfer of the contracts that
are listed in the offer and that are necessary for
continuation of the business as a going-concern and shall
fix the date of the transfer of the business to the winning
bidder to enable the winning bidder to take over
management, pending the effective legal transfer of title.
3/ The court may restrict the free transferability of the
assets purchased by the winning bidder for a maximum
period of two years.
4/ The sale of all transferred assets shall occur free and
clear of all liens, encumbrances, charges, and liabilities,
whether actual, contingent or otherwise, including, and
in particular, environmental charges and liabilities.
