Article 36 — Interim financing

1. Where interim financing is needed, Member States shall ensure that: (a) interim financing is not declared void, voidable or unenforceable; and (b) the grantors of interim financing do not incur civil, administrative or criminal liability on the grounds that such financing is detrimental to the general body of creditors, unless national law provides for other grounds for such liability. 2. Member States may provide that grantors of new or interim financing are entitled to receive payment with priority in the context of subsequent insolvency procedures in relation to other creditors that would otherwise have superior or equal claims. 3. Subject to the priority ranking of claims arising during insolvency proceedings, Member States may provide that: (a) security interests over the sale proceeds can be granted to grantors of interim financing in order to secure reimbursement; and (b) interim financing is eligible to be offset against the price to be disbursed under the adjudicated bid, when provided by interested bidders. 4. Member States may provide that paragraph 1 apply only to interim financing which has been subject to ex ante control.