(1) Where a creditor -

(a) is dissatisfied with the safeguards offered to creditors in the common draft terms under Regulation 28(2)(n), and

(b) can credibly demonstrate that, due to the cross-border merger, the satisfaction of the creditor's claim is at stake and that the creditor has not obtained adequate safeguards from the company in this regard,

the creditor may apply to the Court for adequate safeguards within 3 months of the relevant date.

(2) Any safeguards for creditors shall be conditional on the cross-border merger taking effect in accordance with Regulation 42(6).

(3) This Regulation shall be without prejudice to the application of the law of the State concerning the satisfaction or securing of pecuniary or non - pecuniary obligations due to relevant authorities.

(4) In this Regulation -