Section 266: Extent to which deed binds creditors
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
266. Extent to which deed binds creditors
(1) A deed of company arrangement binds all creditors including secured
creditors in respect of claims that arise on or before the day specified in the
deed pursuant to section 260 (2) (h).
(2) A secured creditor may not realise or otherwise enforce his charge
except so far as—
(a) the deed provides for the secured creditor to realise or enforce
his charge and the secured creditor at the watershed meeting
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voted in favour of the resolution as a result of which the company
executed the deed; or
(b) the Court makes an order to that effect under section 268.
(3) An owner or lessor of property may not exercise his rights in relation
to that property, except so far as—
(a) the deed provides for the exercise of rights in relation to an
owner or lessor of property who at the watershed meeting voted
in favour of the resolution as a result of which the company
executed the deed; or
(b) the Court makes an order to that effect under section 268.