1E9Ct5D

Under German law, 68the parties may agree to an extended retention of title(“erweiterter Eigentumsvorbehalt”), which means that all goods delivered serve assecurity for all claims between the parties. The parties may also agree on aprolonged retention of title (“verlängerter Eigentumsvorbehalt”). In this case, not onlythe goods delivered but also finished goods manufactured using the delivered goodsserve as security for the seller’s claim.Moreover, the retention of title can be combined with an assignment of the claimsthat will arise on resale of the goods (“Vorausabtretungsklausel”).If the buyerbecomes insolvent, the seller then has security either in the goods that are still withthe buyer, or in the receivables created by the resale of the goods. However, thereis no security for amounts already paid, as these funds cannot usually bedistinguished from other funds.In case of insolvency of the buyer, the seller is entitled to demand the return of anygoods that are still in possession of the buyer. For assigned claims arising out of theresale of the goods, the right to collect the receivables remains with the administratoror the debtor in possession. 69In such case the seller is entitled to compensation,calculated after deduction of the cost of the collection of the receivable. 70b. France68 Bürgerliches Gesetzbuch [BGB][Civil Code], Aug. 18, 1896, Reichsgesetzblatt [RGBl.] 195, asamended, § 449.69 Insolvenzordnung [InsO] [Insolvency Statute], Oct. 5, 1994 [Bundesgesetzblatt] (BGBl.] 2866, aslast amended by Art. 6 G of the Act of August 31, 2013 [BGBl.] 3533, §§ 50, 51.70 Insolvenzordnung [InsO] [Insolvency Statute], Oct. 5, 1994 [Bundesgesetzblatt] (BGBl.] 2866, aslast amended by Art. 6 G of the Act of August 31, 2013 [BGBl.] 3533, § 170.52