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2021 Stroock Bankruptcy Guide

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131 (vi) a Master Netting Agreements (11 U.S.C. ยง 101(38)(A)) (a master agreement providing for the exercise of rights (such as termination and netting) under one or more of the foregoing types of protected contracts). Where a contract contains both a safe harbored agreement and non-safe harbored agreements, the court may bifurcate the contract and extend safe harbor protection only to the eligible portion. See Calyon N.Y. Branch v. Am. Home Mortg. Corp. (In re Am. Home Mortg., Inc.), 379 B.R. 503 (Bankr. D. Del. 2008). c. Safe Harbor Provisions As noted above, the Safe Harbor Protections available under the Bankruptcy Code fall into three major categories: (i) termination and related rights; (ii) automatic stay exceptions; and (iii) protection from avoidance actions. The termination-related rights are found in the following Sections of the Bankruptcy Code: (i) Section 555 permits the exercise of ipso facto rights of a stockbroker, financial institution, financial participant or securities clearing agency to cause the termination, acceleration or liquidation of a securities contract; (ii) Section 556 permits the exercise of ipso facto rights of a commodity broker, financial participant or forward contract merchant to cause the termination, acceleration or liquidation of a commodity contract or forward contract, and protects the right to a variation or maintenance margin payment received from the trustee under an open commodity contract or forward contract; (iii) Section 559 permits the exercise of ipso facto rights of a repo participant or financial participant to cause the

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