By way of derogation from Article L. 236-1 and where the laws of at least one of the Member States of the European Union involved in the merger so permit, the merger agreement may provide, for the cross-border mergers referred to in Article L. 236-31, for the payment of a cash balance in excess of 10% of the nominal value or, failing that, of the accounting par value of the securities, units or shares allotted.
The accounting par value is defined as the proportion of the share capital represented by one share or unit.