Security & Collateral · glossary

Clawback

A rule that lets an administrator or liquidator undo something a company did before it failed. Section 245 of the Insolvency Act strikes down a recent floating charge except for new money. Sections 238 and 239 catch a gift at an undervalue and a preference. Debenture §14.2 · Chapter 9 · see New money

Explained in Chapter 9, Enforcement and the Waterfall, of Security & Collateral.

How it comes up, in Chapter 9
A security review also asks whether an administrator could undo the Debenture itself. The tools for that are clawbacks: rules that let an administrator or liquidator set aside something the company did before it failed.
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