§4403. Bilateral netting — Inbound Citations

Citations to 12 U.S.C. § 4403 as a whole

• 12 U.S.C. § 1787(c)(8)(G)(i)

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  (i) Notwithstanding the provisions of subparagraphs (A) and (E), and sections 4403 and 4404 of this title, no walkaway clause shall be enforceable in a qualified financial contract of an insured credit union in default.
• 12 U.S.C. § 1787(c)(10)(B)(i)

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  (i) A person who is a party to a qualified financial contract with an insured credit union may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(A) of this subsection or section 4403 or 4404 of this title, solely by reason of or incidental to the appointment of a liquidating agent for the credit union institution (or the insolvency or financial condition of the credit union for which the liquidating agent has been appointed)—

  (I) until 5:00 p.m. (eastern time) on the business day following the date of the appointment of the liquidating agent; or

  (II) after the person has received notice that the contract has been transferred pursuant to paragraph (9)(A).
• 12 U.S.C. § 1787(c)(10)(B)(ii)

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  (ii) A person who is a party to a qualified financial contract with an insured credit union may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(E) of this subsection or section 4403 or 4404 of this title, solely by reason of or incidental to the appointment of a conservator for the credit union or³ the insolvency or financial condition of the credit union for which the conservator has been appointed).
• 12 U.S.C. § 1821(e)(8)(G)(i)

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  (i) Notwithstanding the provisions of subparagraphs (A) and (E), and sections 4403 and 4404 of this title, no walkaway clause shall be enforceable in a qualified financial contract of an insured depository institution in default.
• 12 U.S.C. § 1821(e)(10)(B)(i)

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  (i) A person who is a party to a qualified financial contract with an insured depository institution may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(A) of this subsection or section 4403 or 4404 of this title, solely by reason of or incidental to the appointment of a receiver for the depository institution (or the insolvency or financial condition of the depository institution for which the receiver has been appointed)—

  (I) until 5:00 p.m. (eastern time) on the business day following the date of the appointment of the receiver; or

  (II) after the person has received notice that the contract has been transferred pursuant to paragraph (9)(A).
• 12 U.S.C. § 1821(e)(10)(B)(ii)

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  (ii) A person who is a party to a qualified financial contract with an insured depository institution may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(E) of this subsection or section 4403 or 4404 of this title, solely by reason of or incidental to the appointment of a conservator for the depository institution (or the insolvency or financial condition of the depository institution for which the conservator has been appointed).
• 12 U.S.C. § 4405

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  No stay, injunction, avoidance, moratorium, or similar proceeding or order, whether issued or granted by a court, administrative agency, or otherwise, shall limit or delay application of otherwise enforceable netting contracts in accordance with sections 4403 and 4404 of this title.
• 12 U.S.C. § 4617(d)(8)(G)(i)

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  (i) Notwithstanding the provisions of subparagraphs (A) and (E), and sections 4403 and 4404 of this title, no walkaway clause shall be enforceable in a qualified financial contract of a regulated entity in default.
• 12 U.S.C. § 4617(d)(10)(B)(i)

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  (i) A person who is a party to a qualified financial contract with a regulated entity may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(A) of this subsection or under section 4403 or 4404 of this title, solely by reason of or incidental to the appointment of a receiver for the regulated entity (or the insolvency or financial condition of the regulated entity for which the receiver has been appointed)—

  (I) until 5:00 p.m. (Eastern Standard Time) on the business day following the date of the appointment of the receiver; or

  (II) after the person has received notice that the contract has been transferred pursuant to paragraph (9)(A).
• 12 U.S.C. § 4617(d)(10)(B)(ii)

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  (ii) A person who is a party to a qualified financial contract with a regulated entity may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(E) of this subsection or under section 4403 or 4404 of this title, solely by reason of or incidental to the appointment of a conservator for the regulated entity (or the insolvency or financial condition of the regulated entity for which the conservator has been appointed).
• 12 U.S.C. § 5390(c)(8)(F)(i)

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  (i) Notwithstanding the provisions of subparagraph (A) of this paragraph and sections 403 and 404 of the Federal Deposit Insurance Corporation Improvement Act of 1991 [12 U.S.C. 4403, 4404], no walkaway clause shall be enforceable in a qualified financial contract of a covered financial company in default.