Cap. 631 Art. 20Protection of new and interim financing.    Cap. 386.             Cap. 16.

(1) Any interim financing acquired by the debtor in terms of article 31, or any new financing forming part of a restructuring plan that is duly confirmed in terms of this Act, shall, in the case of any subsequent insolvency proceedings in respect of the debtor:

(a) not be declared void, voidable, or unenforceable;

(b) not constitute a basis for any claim or allegation of wrongful trading or fraudulent preference, in terms of the

Companies Act, that may be brought against the debtor; and

(c) the grantors of such new or interim financing shall not, notwithstanding anything to the contrary contained in any other law, incur liability on the grounds that such financing is detrimental to the creditors of the debtor:

Provided that the provisions of this sub-article shall not, in any way, limit the entitlement of a creditor to bring an action on the basis of article 1144 of the Civil Code.

(2) Any agreement, howsoever formulated, that purports to exclude or limit the provisions of this article, shall be null and void.