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Article 2

Article 2 — Definitions

  1. For the purposes of this Directive, the following definitions apply:
    1. restructuring means measures aimed at restructuring the debtor's business that include changing the composition, conditions or structure of a debtor's assets and liabilities or any other part of the debtor's capital structure, such as sales of assets or parts of the business and, where so provided under national law, the sale of the business as a going concern, as well as any necessary operational changes, or a combination of those elements;
    2. affected parties means creditors, including, where applicable under national law, workers, or classes of creditors and, where applicable, under national law, equity holders, whose claims or interests, respectively, are directly affected by a restructuring plan;
    3. equity holder means a person that has an ownership interest in a debtor or a debtor's business, including a shareholder, in so far as that person is not a creditor;
    4. stay of individual enforcement actions means a temporary suspension, granted by a judicial or administrative authority or applied by operation of law, of the right of a creditor to enforce a claim against a debtor and, where so provided for by national law, against a third-party security provider, in the context of a judicial, administrative or other procedure, or of the right to seize or realise out of court the assets or business of the debtor;
    5. executory contract means a contract between a debtor and one or more creditors under which the parties still have obligations to perform at the time the stay of individual enforcement actions is granted or applied;
    6. best-interest-of-creditors test means a test that is satisfied if no dissenting creditor would be worse off under a restructuring plan than such a creditor would be if the normal ranking of liquidation priorities under national law were applied, either in the event of liquidation, whether piecemeal or by sale as a going concern, or in the event of the next-best-alternative scenario if the restructuring plan were not confirmed;
    7. new financing means any new financial assistance provided by an existing or a new creditor in order to implement a restructuring plan and that is included in that restructuring plan;
    8. interim financing means any new financial assistance, provided by an existing or a new creditor, that includes, as a minimum, financial assistance during the stay of individual enforcement actions, and that is reasonable and immediately necessary for the debtor's business to continue operating, or to preserve or enhance the value of that business;
    9. entrepreneur means a natural person exercising a trade, business, craft or profession;
    10. full discharge of debt means that enforcement against entrepreneurs of their outstanding dischargeable debts is precluded or that outstanding dischargeable debts as such are cancelled, as part of a procedure which could include a realisation of assets or a repayment plan or both;
    11. repayment plan means a programme of payments of specified amounts on specified dates by an insolvent entrepreneur to creditors, or a periodic transfer to creditors of a certain part of entrepreneur's disposable income during the discharge period;
    12. practitioner in the field of restructuring means any person or body appointed by a judicial or administrative authority to carry out, in particular, one or more of the following tasks:
      1. assisting the debtor or the creditors in drafting or negotiating a restructuring plan;
      2. supervising the activity of the debtor during the negotiations on a restructuring plan, and reporting to a judicial or administrative authority;
      3. taking partial control over the assets or affairs of the debtor during negotiations.
  2. For the purposes of this Directive, the following concepts are to be understood as defined by national law:
    1. insolvency;
    2. likelihood of insolvency;
    3. micro, small and medium-sized enterprises (SMEs).