Novation Agreement Luxembourg

Can the seller make an enforceable commitment to sell to the buyer the receivables resulting from the date of the debt buyback contract (e.g.B. “Future Flow”)? If so, how should the sale of future receivables be structured to be valid and enforceable? Is there a distinction between future claims that arise before and after the seller`s bankruptcy? The Securitisation Act (Article 55(2) and (3)) expressly permits the assignment of future receivables and a securitisation vehicle may assert the assignment to third parties from the date of the agreement with the seller on the actual assignment of future receivables which, notwithstanding the commencement of insolvency proceedings against the seller before the date on which the claims a arise. 3.2 Example 1: If (a) the seller and the debtor are established in your jurisdiction, b) the claim is subject to the law of your jurisdiction, c) the seller sells the claim to a buyer in a third country, d) the seller and the buyer choose the law of your jurisdiction to settle the contract for the purchase of the receivable and (e) the sale meets the requirements of your jurisdiction; Does a court in your jurisdiction recognize that this sale is effective vis-à-vis the seller, the debtor and other third parties (such as creditors or receivers of the seller and the debtor)? Advance redemption…..