In the event of the opening of safeguard, receivership or compulsory liquidation proceedings, the persons who had consented, in the context of a conciliation procedure having given rise to the approved agreement referred to in II of article L. 611-8, a new cash contribution to the debtor with a view to ensuring the continuation of the business and its long-term survival, shall be paid, for the amount of this contribution, by preferential right before all other claims, in accordance with the ranking provided for in II of article L. 622-17 and in I of article L. 643-8. Persons who provide, within the same framework , a new good or service with a view to ensuring the continued operation of the business and its durability benefit from the same lien for the price of this good or service.
This provision does not apply to contributions made by the debtor’s shareholders and partners in the context of a capital increase.
Creditors who are signatories to the agreement may not benefit directly or indirectly from this provision in respect of their assistance prior to the opening of the conciliation.