; and (B) does not meet the requirements under section 363(b)(3) or 503(c). (2) Subsection (c) shall not constitute a defense against the recovery of a transfer under paragraph (1) of this subsection. (3) (A) The trustee, or a committee appointed under section 1102, may commence an action to recover a transfer under paragraph (1) of this subsection. (B) If neither the trustee nor a committee commences an action to recover a transfer under subparagraph (A) before the date of the commencement of a hearing on the confirmation of a plan, any party in interest may apply to the court for authority to recover the transfer for the benefit of the estate, in which case the costs of recovery shall be borne by the estate. . 309. Protection for employees in a sale of assets (a) Requirement relating to preserving jobs and maintaining terms and conditions relating to employment Section 363 of title 11, United States Code, is amended by adding at the end the following: (q) (1) In approving a sale or lease of property of the estate under this section, or under a plan under chapter 11, the court shall give substantial weight to the extent to which a prospective purchaser or lessee, respectively, of the property will— (A) preserve the jobs of the workforce of the debtor; and (B) maintain the terms and conditions of employment of the workforce of the debtor. (2) If there are 2 or more offers to purchase or lease property of the estate under this section, or under a plan under chapter 11, that qualify under the procedures for the sale or lease, respectively, approved by the court, the court shall approve the offer that best— (A) preserves the jobs of the workforce of the debtor; and (B) maintains the terms and conditions of employment of the workforce of the debtor. (r) (1) Any party seeking to purchase or lease property of the estate under this section, or under a plan under chapter 11, shall represent to the court the effect of such a transaction with respect to— (A) the preservation of the jobs of the workforce of the debtor