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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 7 December 2021 - onwards
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558P. Repudiation, affirmation and variation of certain contracts

(1) This section applies where -

(a) a process adviser is appointed in respect of an eligible company, and

(b) the eligible company is a party to a contract (a 'relevant contract’) under which some element of performance other than payment remains to be rendered both by the company and the other contracting party or parties (such party or parties being referred to in this section as the 'relevant person’).

(2) The process adviser shall consider, having regard in particular to the matters specified in subsection (3), whether it is necessary for the survival of the eligible company, and the whole or any part of its undertaking, as a going concern, that the relevant contract be repudiated.

(3) The matters referred to in subsection (2) are as follows, namely:

(a) whether repudiation of the relevant contract would be likely to be more advantageous for the relevant person than a winding up of the eligible company or receivership;

(b) whether, if not repudiated, the relevant contract woul

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