(1) The constructive part of the insolvency plan may provide for the lower-ranking status of the insolvency creditors compared with creditors with entitlements deriving from loans or other credits entered into by the debtor or the takeover company during the period of monitoring or held open by a preferential creditor to extend into the period of monitoring. In such a case, the maximum amount of such loans is also to be indicated (loan ceiling). It may not exceed the value of property listed in the survey of assets contained in the plan (section 229 sentence 1).
(2) The insolvency creditors rank lower under subsection (1) only in comparison with creditors with whom agreement is reached that and to which amount the main claim, interest and costs of the loans granted by them are below the loan ceiling and who receive confirmation of such agreement in writing from the insolvency administrator.
(3) Section 39 (1) no. 5 remains unaffected.