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Section 343: Limitation of insolvency law prohibiting set-off

Insolvency Act · PART V: NETTING ARRANGEMENTS IN FINANCIAL CONTRACTS

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.

343. Limitation of insolvency law prohibiting set-off The provisions of a netting agreement which provide for the determination of a net balance of the close-out values, market values, liquidation values or replacement values calculated in respect of accelerated and/or terminated payment or delivery obligations or entitlements under one or more qualified financial contracts entered into will not be affected by section 309 or any other applicable laws limiting the exercise of rights to set off, offset or net out obligations, payment amounts or termination values owed between an insolvent party and another party.

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