369. Uncommercial transactions

the transaction took place within the specified period;

the transaction was an uncommercial transaction;

when the transaction took place, the company—

was unable to pay its due debts;

was engaged or about to engage in business for which its financial resources were grossly inadequate; or

incurred an obligation knowing that the company would not be able to perform the obligation when required to do so.

the benefits (if any) to the company of entering into the transaction;

the detriment to the company of entering to the transaction;

the respective benefits to the other parties to the transaction; and

any other relevant matters.

whether or not a creditor of the company is a party to the transaction; and

even if the transaction is given effect to or is required to be given effect to, because of an order made by a court.