Issue link: https://mbozikis.ufcontent.com/i/1422521
129 11 U.S.C. § 362(b)(6) (forward contracts); 11 U.S.C. § 362(b)(17) (swap agreements), and from any court-imposed stay of such setoff rights. See 11 U.S.C. § 362(o). Third, the Bankruptcy Code contains exceptions to certain avoidance provisions for transfers under or in connection with Safe Harbor Contracts. See generally 11 U.S.C. § 546. These protections are collectively referred to as the "Safe Harbor Provisions." Although the Safe Harbor Provisions protect the exercise of ipso facto termination, liquidation and acceleration rights and setoff or application of collateral, they do not protect the exercise of all rights under a Safe Harbor Contract. See In re Enron Corp., 306 B.R. 465, 473 (Bankr. S.D.N.Y. 2004); In re Amcor Funding Corp., 117 B.R. 549, 551 (D. Ariz. 1990). For example, the Safe Harbor Provisions do not protect postpetition termination for breach of a representation unrelated to the debtor's solvency, bankruptcy or financial condition. b. Parties Protected by the Safe Harbor Provisions In order to enjoy the protections of the Safe Harbor Provisions, a creditor must be within a category of Bankruptcy Code-specified protected parties, and exercising rights under a Safe Harbor Contract. The classes of protected counterparties under the Safe Harbor Provisions include: (i) a Forward Contract Merchant (11 U.S.C. § 101(26)) (an entity whose business consists in whole or part in entering into forward contracts as or with merchants in a commodity or similar good, article, service, right or interest which is or becomes the subject of dealing in the forward contract trade); (ii) a Swap Participant (11 U.S.C. § 101(53C)) (a counterparty to a prepetition swap agreement with the debtor);