88. When Court may terminate Deed of Company Arrangement

(1) The Court may make an order terminating a Deed of Company Arrangement if satisfied that —
(a) information about the Company's business, property, affairs or financial circumstances that —
(i) was false or misleading; and
(ii) can reasonably be expected to have been material to creditors of the Company in deciding whether to vote in favour of the resolution that the Company execute the Deed of Company Arrangement,
was given to the administrator of the Company or to such creditors; or
(b) such information was contained in a report or statement under Section 61(3) (Requirement for initial creditors' meetings) or 65(2) (Revision of administrator's proposals) that accompanied a notice of the meeting at which the resolution was passed; or
(c) there was an omission from such a report or statement and the omission can reasonably be expected to have been material to such creditors in so deciding; or
(d) there has been a material breach of the Deed of Company Arrangement by a person bound by the Deed of Company Arrangement; or
(e) effect cannot be given to the Deed of Company Arrangement without injustice or undue delay; or
(f) the Deed of Company Arrangement or a provision of it is, an act or omission done or made under the Deed of Company Arrangement was, or an act or omission proposed to be so done or made would be —
(i) oppressive or unfairly prejudicial to, or unfairly discriminatory against, one or more such creditors; or
(ii) contrary to the interests of the creditors of the Company as a whole; or
(g) the Deed of Company Arrangement should be terminated for some other reason.
(2) An order may be made on the application of —
(a) a creditor of the Company;
(b) the Company;
(c) the Financial Services Regulator; or
(d) any other interested person.