11 U.S.C. § 562 — Timing of damage measurement in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, and master netting agreements

If the trustee rejects a swap agreement, securities contract (as defined in section 741), forward contract^*, commodity contract (as defined in section 761), repurchase agreement, or master netting agreement pursuant to section 365(a), or if a forward contract merchant, stockbroker, financial institution^*, securities clearing agency, repo participant, financial participant^*, master netting agreement participant, or swap participant^* liquidates, terminates, or accelerates such contract or agreement, damages shall be measured as of the earlier of—

If there are not any commercially reasonable determinants of value as of any date referred to in paragraph (1) or (2) of subsection (a), damages shall be measured as of the earliest subsequent date or dates on which there are commercially reasonable determinants of value.

For the purposes of subsection (b), if damages are not measured as of the date or dates of rejection, liquidation, termination, or acceleration, and the forward contract merchant, stockbroker, financial institution, securities clearing agency, repo participant, financial participant, master netting agreement participant, or swap participant or the trustee objects to the timing of the measurement of damages—

has the burden of proving that there were no commercially reasonable determinants of value as of such date or dates.