Phillips Law

Section 128: Post-commencement finance

(1) To the extent that any remuneration, reimbursement for expenses or other amount of money relating to employment becomes due and payable by a company to an employee during the company’s corporate rescue proceedings, but is not paid to the employee –
(a) the money is regarded to be post-commencement financing; and

(b) will be paid in the order of preference set out in subsection (3)(a).

(2) During its corporate rescue proceedings, the company may obtain financing other than as contemplated in subsection (1), and any such financing –
(a) may be secured to the lender by utilising any asset of the company to the extent that it is not otherwise encumbered; and
(b) will be paid in the order of preference set out in subsection (3)(b).

  • According to the Insolvency Act [Chapter 6:07]. PART XXIII: Corporate Rescue