Equity-arrangement (“overwaarde-arrangement”) always requires cooperation by the debtor
In its judgment (ECLI:NL:HR:2015:3023) of 16 October 2015, the Supreme Court further explained which conditions have to be met for an equity-arrangement to work as intended by the parties. An equity-arrangement enables the lender to seek recovery from collateral provided by a debtor to another lender, which is not fully used by this other lender, in the event a debtor … Read more