Where the draft plan has been adopted by each of the classes in accordance with the provisions of Article L. 626-30-2, the court shall rule on it in accordance with the procedures set out in Section 2 of this chapter and shall verify that the following conditions are met:
1° The plan has been adopted in accordance with article L. 626-30;
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2° The affected parties, sharing a sufficient community of interest within the same class, benefit from equal treatment and are treated in proportion to their claim or right;
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3° All affected parties have been duly notified of the plan;
4° Where affected parties have voted against the draft plan, none of these affected parties is in a less favourable situation as a result of the plan than they would be if the order of priority for the distribution of assets in compulsory liquidation or the sale price of the business pursuant to Article L. 642-1 were applied, or if a better alternative solution were available if the plan were not validated;
5° Where applicable, any new financing is necessary to implement the plan and does not excessively prejudice the interests of the parties affected.
The court may refuse to adopt the plan if it does not offer a reasonable prospect of avoiding the debtor’s cessation of payments or guaranteeing the viability of the business.
The court ensures that the interests of all parties affected are sufficiently protected. The judgment adopting the plan makes its provisions enforceable against everyone.