Introduction and Background
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Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Share (finance), Corporate governance, Shareholder, Board of directors, Legal burden of proof, Voting, Debenture, Bell Canada, Morgan Stanley, Canadian Imperial Bank of Commerce, Supreme Court of Canada, Ontario Superior Court of Justice
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The United States Court of Appeals for the Second Circuit (the "Second Circuit") recently affirmed a broad reading of the safe harbor of United States Bankruptcy Code (the "Bankruptcy Code") section 546(e), which protects from avoidance both "margin payments" and "settlement payments" as well as transfers made in connection with a "securities contract." In Quebecor, the Second Circuit affirmed decisions of the bankruptcy and district courts and held that the purchase by Quebecor World (USA) Inc.
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