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Email In a recently filed motion in the United States Bankruptcy Court Southern District of New York (the “Motion”), Lehman Brothers Holdings Inc. (“LBHI”) is seeking to compel Metavante Corporation (“Metavante”) to perform its obligations under a swap agreement between Metavante and Lehman Brothers Special Financing Inc. (“LBSF”) (guaranteed by LBHI). LBHI contends in the Motion that Metavante’s attempt to suspend regularly scheduled payments pursuant to Section 2(a)(iii) of the ISDA Master Agreement is in violation of the automatic stay provisions of the United States Bankruptcy Code (“the Bankruptcy Code”) and not protected by the swap safe harbor provisions of the Bankruptcy Code. https://www.cadwalader.com/resources/clients-friends-memos/litigation-challenges-counterparty-right-to-withhold-payments-under-section-2a-iii-of-isda-master-agreement-as-violation-of-automatic-stay-provisions-of-us-bankruptcy-code