Swedish Terms

Swedish Terms. In this Agreement and any other Document, where it relates to a Restricted Subsidiary incorporated in Sweden, a reference to: (a) an " assignment ", " arrangement " or " composition " with any creditor includes a företagsrekonstruktion , konkursförfarande , or ackorduppgörelse under the Swedish Bankruptcy Act (Sw. konkurslag (1987:672) ) or the Swedish Reorgansation Act (Sw. lag (1996:764) om företagsrekonstruktion ) (as the case may be); (b) a " receiver " or " manager " includes a konkursförvaltare , företagsrekonstruktör or likvidator under Swedish law; (c) a " merger " includes any fusion implemented in accordance with Chapter 23 of the Swedish Companies Act; (d) a " liquidation ", " administration " or " dissolution " includes a tvångslikvidation under Chapter 25 of the Swedish Companies Act; (e) a " guarantee " includes any garanti under Swedish law which is independent from the debt to which it relates and any borgen under Swedish law which is accessory to or dependent on the debt to which it relates; (f) " gross negligence " means grov vårdslöshet under Swedish law; (g) if any party to this Agreement or any other Document, that is incorporated in Sweden (the " Swedish Obligated Party ") is required to hold an amount on trust on behalf of another party (the " Beneficiary "), the Swedish Obligated Party shall hold such money as agent for the Beneficiary and such amounts shall be treated as "escrow funds" (Sw. redovisningsmedel ) and held on a separate account in accordance with the Swedish Act of 1944 in respect of assets held on account (Sw. lag (1944:181) om redovisningsmedel ) and shall promptly pay or transfer the same to the Beneficiary or as the Beneficiary may direct; and (h) notwithstanding anything to the contrary in this Agreement or in any other Document, the release of any perfected Security (or Security which purports to be or is required to be perfected) under any Document governed by Swedish law or where a Document includes Swedish law perfection requirements, shall always be subject to the prior written consent of the Agent (such consent shall be given on a case by case basis, at the sole discretion of the Agent other than following the discharge in full of the Secured Obligations).