(1) Where assets remain with the transferring legal entity, the use or shared use of which the recipient legal entity needs in order to be able to continue the business parts transferred to it, the transferring legal entity must permit the recipient legal entity to use or share the use of those assets, against reasonable remuneration, until the recipient legal entity can replace the assets concerned. Claims under the first sentence, or arising from a contract concluded pursuant to the obligation under the first sentence, remain unaffected by insolvency proceedings opened over the assets of the institution or group entity; the conclusion of the contract and the acts performed to fulfil it may not be avoided.
(2) Where assets are transferred to the recipient legal entity, the use or shared use of which the transferring legal entity needs in order to be able to continue or liquidate, in an orderly manner, the business parts remaining with it, the recipient legal entity must permit the transferring legal entity to use or share the use of those assets, against reasonable remuneration, until the transferring legal entity can replace the assets concerned.
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Part 4 · Resolution › Division 2 · Transfer of Shares, Assets, Liabilities and Legal Relationships › Section 123
Mutual support of the legal entities concerned
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