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Google Keyword Rankings for : make whole bankruptcy
1
Enforceability of Make-Whole Premiums in Chapter 11
https://www.skadden.com/-/media/files/publications/2021/03/enforceabilityofmakewholepremiumsinchapter11.pdf
3 While make-whole premiums are generally enforceable under applicable state law outside of bankruptcy, courts have rendered conflicting decisions on their.
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https://www.skadden.com/-/media/files/publications/2021/03/enforceabilityofmakewholepremiumsinchapter11.pdf
3 While make-whole premiums are generally enforceable under applicable state law outside of bankruptcy, courts have rendered conflicting decisions on their.
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2
Another Look at Make-Whole Provisions in Bankruptcy
https://www.law.com/newyorklawjournal/2022/06/03/another-look-at-make-whole-provisions-in-bankruptcy-drafting-matters/
If a borrower voluntarily redeems a financing facility, a typical make-whole or redemption provision entitles a lender to the monetary ...
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https://www.law.com/newyorklawjournal/2022/06/03/another-look-at-make-whole-provisions-in-bankruptcy-drafting-matters/
If a borrower voluntarily redeems a financing facility, a typical make-whole or redemption provision entitles a lender to the monetary ...
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3
'Make-Whole' Payments Face Potential Game-Changer in ...
https://news.bloomberglaw.com/us-law-week/make-whole-payments-face-potential-game-changer-in-bankruptcy
'Make-whole' ruling may create problems for some creditors; Opinion could increase Texas' popularity as bankruptcy venue.
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https://news.bloomberglaw.com/us-law-week/make-whole-payments-face-potential-game-changer-in-bankruptcy
'Make-whole' ruling may create problems for some creditors; Opinion could increase Texas' popularity as bankruptcy venue.
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4
Make-Whole Claim Lessons From Hertz Bankruptcy Ruling
https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2022/01/law360--makewhole-claim-lessons-from-hertz-bankruptcy-ruling.pdf
[1] keeping alive claims for an approximately $136 million make-whole payment with respect to Hertz's 2026/2028 notes but dismissing make-whole ...
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https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2022/01/law360--makewhole-claim-lessons-from-hertz-bankruptcy-ruling.pdf
[1] keeping alive claims for an approximately $136 million make-whole payment with respect to Hertz's 2026/2028 notes but dismissing make-whole ...
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5
make-whole premium – Harvard Law School Bankruptcy ...
https://blogs.harvard.edu/bankruptcyroundtable/tag/make-whole-premium/
By modifying the “perfect tender in time rule,” make-whole provisions allow debtors to repay debt in advance of stated maturity, in exchange for a predetermined ...
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https://blogs.harvard.edu/bankruptcyroundtable/tag/make-whole-premium/
By modifying the “perfect tender in time rule,” make-whole provisions allow debtors to repay debt in advance of stated maturity, in exchange for a predetermined ...
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6
Creditors' guide to make-whole enforceability in bankruptcy
https://www.davispolk.com/sites/default/files/2022-06/Creditors_Guide_to_Make_Whole_Enforceability_in_Bankruptcy_June_2022.pdf
Even if a make-whole claim is payable pursuant to the terms of the contract and enforceable under state law, the Bankruptcy Code disallows unsecured claims for ...
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https://www.davispolk.com/sites/default/files/2022-06/Creditors_Guide_to_Make_Whole_Enforceability_in_Bankruptcy_June_2022.pdf
Even if a make-whole claim is payable pursuant to the terms of the contract and enforceable under state law, the Bankruptcy Code disallows unsecured claims for ...
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7
Make-Whole Provisions Continue to Cause Controversy
https://www.chapman.com/media/publication/404_Chapman_Harvard_Law_School_Forum_Make_Whole_Provisions_080414.pdf
bankruptcy court that, on account of an automatic acceleration upon the bankruptcy filing, no make-whole payment is required to be paid.2 Given the ...
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https://www.chapman.com/media/publication/404_Chapman_Harvard_Law_School_Forum_Make_Whole_Provisions_080414.pdf
bankruptcy court that, on account of an automatic acceleration upon the bankruptcy filing, no make-whole payment is required to be paid.2 Given the ...
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8
Enforcing Make Whole Premiums in Bankruptcy
https://www.stjohns.edu/sites/default/files/2021-07/Campbell_Memo_4.pdf
3d at 801 (“the Senior-Lien Notes contain Optional Redemption Clauses, which provide for the payment of a make-whole premium (referred to as the 'Applicable ...
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https://www.stjohns.edu/sites/default/files/2021-07/Campbell_Memo_4.pdf
3d at 801 (“the Senior-Lien Notes contain Optional Redemption Clauses, which provide for the payment of a make-whole premium (referred to as the 'Applicable ...
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9
A Make-Whole Premium Is Unmatured Interest - Jones Day
https://www.jonesday.com/en/insights/2019/08/make-whole-premium-is-unmatured-interest
The make-whole amount was calculated by subtracting the accelerated principal from the discounted value of the future principal and interest payments. Events of ...
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https://www.jonesday.com/en/insights/2019/08/make-whole-premium-is-unmatured-interest
The make-whole amount was calculated by subtracting the accelerated principal from the discounted value of the future principal and interest payments. Events of ...
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10
To Make-Whole … or Not - Weil Restructuring
https://restructuring.weil.com/chapter-11-plans/to-make-whole-or-not/
The court began by examining pre-Bankruptcy Code law, which allowed a creditor of a solvent debtor or an oversecured creditor to recover ...
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https://restructuring.weil.com/chapter-11-plans/to-make-whole-or-not/
The court began by examining pre-Bankruptcy Code law, which allowed a creditor of a solvent debtor or an oversecured creditor to recover ...
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11
Make-Whole Premiums — “What Is in a Name?”
https://www.mcguirewoods.com/client-resources/Alerts/2021/2/make-whole-premiums-what-is-in-a-name
14, 2022 regarding the treatment of make-whole premiums in bankruptcy. The court held that claims for payment of a make-whole premium are the ...
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https://www.mcguirewoods.com/client-resources/Alerts/2021/2/make-whole-premiums-what-is-in-a-name
14, 2022 regarding the treatment of make-whole premiums in bankruptcy. The court held that claims for payment of a make-whole premium are the ...
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12
Treatment of Make Whole Provisions in Chapter 11 Cases
https://www.duanemorris.com/articles/static/lastowski_airajournal_0424.pdf
Make Whole Provisions in Ch. 11 - Michael R. Lastowski. 2010. 2010 2015 202 ... §502(b)(3) provides that a bankruptcy court shall not allow a claim.
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https://www.duanemorris.com/articles/static/lastowski_airajournal_0424.pdf
Make Whole Provisions in Ch. 11 - Michael R. Lastowski. 2010. 2010 2015 202 ... §502(b)(3) provides that a bankruptcy court shall not allow a claim.
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13
Make-Whole Premiums Get to "Pass Go" in Bankruptcy Court
https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=c603e4e4-c6d9-4653-ae7e-489b1c213e8e
A make-whole premium is a lump-sum payment that becomes due under a financing agreement when repayment occurs before the stated maturity date, ...
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https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=c603e4e4-c6d9-4653-ae7e-489b1c213e8e
A make-whole premium is a lump-sum payment that becomes due under a financing agreement when repayment occurs before the stated maturity date, ...
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14
Bankruptcy Considerations for Drafting Make-Whole Clauses ...
https://www.hirschlerlaw.com/newsroom-publications-1287
Under a make-whole clause, the lender has the right to demand that the borrower pay all interest that would have been paid over the full term of ...
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https://www.hirschlerlaw.com/newsroom-publications-1287
Under a make-whole clause, the lender has the right to demand that the borrower pay all interest that would have been paid over the full term of ...
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15
New York Bankruptcy Court Affirms Enforceability of Well ...
https://www.gibsondunn.com/ny-bankruptcy-court-affirms-enforceability-of-well-drafted-make-whole-provision-against-bankrupt-debtor/
A March 2019 bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was ...
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https://www.gibsondunn.com/ny-bankruptcy-court-affirms-enforceability-of-well-drafted-make-whole-provision-against-bankrupt-debtor/
A March 2019 bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was ...
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16
Make-Whole Claims and Bankruptcy Policy
https://www.hblr.org/2014/11/make-whole-claims-and-bankruptcy-policy/
Loan agreements and bond indentures frequently contain “make-whole” or “yield maintenance” provisions that are designed to give the lender or ...
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https://www.hblr.org/2014/11/make-whole-claims-and-bankruptcy-policy/
Loan agreements and bond indentures frequently contain “make-whole” or “yield maintenance” provisions that are designed to give the lender or ...
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17
Make-whole premium claims under the US Bankruptcy Code
https://www.financierworldwide.com/make-whole-premium-claims-under-the-us-bankruptcy-code
A make-whole provision is intended to compensate the lender for economic loss suffered based on the difference between the contract rate and market rate at the ...
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https://www.financierworldwide.com/make-whole-premium-claims-under-the-us-bankruptcy-code
A make-whole provision is intended to compensate the lender for economic loss suffered based on the difference between the contract rate and market rate at the ...
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18
Treatment of Make-Whole and No-Call Provisions in Bankruptcy
https://content.next.westlaw.com/practical-law/document/I0f9fe86bef0811e28578f7ccc38dcbee/Treatment-of-Make-Whole-and-No-Call-Provisions-in-Bankruptcy?viewType=FullText&transitionType=Default&contextData=(sc.Default)
This Practice Note discusses the treatment in bankruptcy of make-whole and no-call provisions, which are prepayment restrictions commonly found in bond ...
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https://content.next.westlaw.com/practical-law/document/I0f9fe86bef0811e28578f7ccc38dcbee/Treatment-of-Make-Whole-and-No-Call-Provisions-in-Bankruptcy?viewType=FullText&transitionType=Default&contextData=(sc.Default)
This Practice Note discusses the treatment in bankruptcy of make-whole and no-call provisions, which are prepayment restrictions commonly found in bond ...
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19
February 22, 2016 New York Law Journal - Seward & Kissel LLP
https://www.sewkis.com/publications/cases-warn-careful-drafting-is-critical-for-bankruptcy-make-whole-provisions/
In review, a make-whole provision generally provides that if debt is paid before maturity, the premium is added to the obligation. This premium generally ...
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https://www.sewkis.com/publications/cases-warn-careful-drafting-is-critical-for-bankruptcy-make-whole-provisions/
In review, a make-whole provision generally provides that if debt is paid before maturity, the premium is added to the obligation. This premium generally ...
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20
It's Ultra-Complicated: Fifth Circuit and Delaware Bankruptcy ...
https://www.afslaw.com/perspectives/alerts/its-ultra-complicated-fifth-circuit-and-delaware-bankruptcy-court-decisions
In October 2022, the Fifth Circuit held that make-whole premiums are generally disallowed under the Bankruptcy Code as unmatured interest, ...
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https://www.afslaw.com/perspectives/alerts/its-ultra-complicated-fifth-circuit-and-delaware-bankruptcy-court-decisions
In October 2022, the Fifth Circuit held that make-whole premiums are generally disallowed under the Bankruptcy Code as unmatured interest, ...
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21
Make (Whole) a Minute: A Review of the Ultra Unimpairment ...
https://www.akingump.com/en/news-insights/make-whole-a-minute-a-review-of-the-ultra-unimpairment-decision.html
Classes of creditors are either impaired or unimpaired under a debtor's plan of reorganization. The Bankruptcy Code provides that in order to be ...
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https://www.akingump.com/en/news-insights/make-whole-a-minute-a-review-of-the-ultra-unimpairment-decision.html
Classes of creditors are either impaired or unimpaired under a debtor's plan of reorganization. The Bankruptcy Code provides that in order to be ...
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22
'Make-Whole' Payments Face Potential ... - Sidley Austin LLP
https://www.sidley.com/en/insights/publications/2022/11/make-whole-payments-face-potential-game-changer-in-bankruptcy
'Make-Whole' Payments Face Potential Game-Changer in Bankruptcy ... A recent Fifth Circuit decision has put certain lenders on notice that a ...
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https://www.sidley.com/en/insights/publications/2022/11/make-whole-payments-face-potential-game-changer-in-bankruptcy
'Make-Whole' Payments Face Potential Game-Changer in Bankruptcy ... A recent Fifth Circuit decision has put certain lenders on notice that a ...
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23
Make-Whole Payments and Solvent Debtors - Nelson Mullins
https://www.nelsonmullins.com/idea_exchange/blogs/the_bankruptcy_protector/bankruptcy-101/make-whole-payments-and-solvent-debtors-a-potentially-widening-circuit-split
Put rudimentarily, make-whole payments are contractual payments that arise upon the acceleration of a loan that attempt to compensate the ...
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https://www.nelsonmullins.com/idea_exchange/blogs/the_bankruptcy_protector/bankruptcy-101/make-whole-payments-and-solvent-debtors-a-potentially-widening-circuit-split
Put rudimentarily, make-whole payments are contractual payments that arise upon the acceleration of a loan that attempt to compensate the ...
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24
Hertz Bankruptcy Court Weighs In On Make-Whole Premiums ...
https://www.mondaq.com/unitedstates/insolvencybankruptcy/1179464/hertz-bankruptcy-court-weighs-in-on-make-whole-premiums-solvent-debtor-exception-and-pendency-interest
One of those was the "solvent debtor" exception, which provided that interest would continue to accrue on a debt after a bankruptcy filing if ...
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https://www.mondaq.com/unitedstates/insolvencybankruptcy/1179464/hertz-bankruptcy-court-weighs-in-on-make-whole-premiums-solvent-debtor-exception-and-pendency-interest
One of those was the "solvent debtor" exception, which provided that interest would continue to accrue on a debt after a bankruptcy filing if ...
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25
Uncertain Treatment of Make-Whole Premiums Upon ...
https://www.sullivanlaw.com/assets/htmldocuments/Gleit-Koslof%20article.pdf
Bankruptcy-Induced Acceleration and Redemption of Indentures. By Jeffrey R. Gleit and Nathaniel R.B. Koslof. Make-whole premiums are essentially prepayment ...
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https://www.sullivanlaw.com/assets/htmldocuments/Gleit-Koslof%20article.pdf
Bankruptcy-Induced Acceleration and Redemption of Indentures. By Jeffrey R. Gleit and Nathaniel R.B. Koslof. Make-whole premiums are essentially prepayment ...
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26
Ultra Petroleum Bankruptcy Court Again Allows Make-Whole ...
https://www.kslaw.com/blog-posts/ultra-petroleum-bankruptcy-court-again-allows-make-whole-premiums-post-petition-default-interestat-least-for-solvent-debtors
In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums and ...
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https://www.kslaw.com/blog-posts/ultra-petroleum-bankruptcy-court-again-allows-make-whole-premiums-post-petition-default-interestat-least-for-solvent-debtors
In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums and ...
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27
Ultra Petroleum Bankruptcy Court Allows Make-Whole ...
https://www.srz.com/resources/ultra-petroleum-bankruptcy-court-allows-make-whole-premium-and.html
Liquidated Damages. The Bankruptcy Court then found that the make-whole premium was an enforceable liquidated damages claim under New York law.
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https://www.srz.com/resources/ultra-petroleum-bankruptcy-court-allows-make-whole-premium-and.html
Liquidated Damages. The Bankruptcy Court then found that the make-whole premium was an enforceable liquidated damages claim under New York law.
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28
Bankruptcy Court in Ultra Petroleum on Remand Finds Make ...
https://www.clearygottlieb.com/news-and-insights/publication-listing/bankruptcy-court-in-ultra-petroleum-on-remand-finds-make-whole-not-disallowed-under-bankruptcy-code
On remand, the Bankruptcy Court held that (i) the make-whole amount represents liquidated damages, not unmatured interest or its economic ...
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https://www.clearygottlieb.com/news-and-insights/publication-listing/bankruptcy-court-in-ultra-petroleum-on-remand-finds-make-whole-not-disallowed-under-bankruptcy-code
On remand, the Bankruptcy Court held that (i) the make-whole amount represents liquidated damages, not unmatured interest or its economic ...
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29
Texas Bankruptcy Court Enforces Make-Whole Premiums and ...
https://www.hklaw.com/en/insights/publications/2020/11/texas-bankruptcy-court-enforces-makewhole-premiums
Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest · A Make-Whole Represents Liquidated Damages, Not Unmatured ...
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https://www.hklaw.com/en/insights/publications/2020/11/texas-bankruptcy-court-enforces-makewhole-premiums
Texas Bankruptcy Court Enforces Make-Whole Premiums and Postpetition Default Interest · A Make-Whole Represents Liquidated Damages, Not Unmatured ...
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30
client & friends memos - Cadwalader
https://www.cadwalader.com/resources/clients-friends-memos/delaware-bankruptcy-court-rules-that-unsecured-creditors-of-a-solvent-debtor-are-entitled-to-post-petition-interest-at-the-federal-judgment-rate-not-the-default-interest-rate
Delaware Bankruptcy Court Rules that Unsecured Creditors of a Solvent ... complaint against the Debtors seeking to recover (1) a make-whole premium due ...
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https://www.cadwalader.com/resources/clients-friends-memos/delaware-bankruptcy-court-rules-that-unsecured-creditors-of-a-solvent-debtor-are-entitled-to-post-petition-interest-at-the-federal-judgment-rate-not-the-default-interest-rate
Delaware Bankruptcy Court Rules that Unsecured Creditors of a Solvent ... complaint against the Debtors seeking to recover (1) a make-whole premium due ...
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31
Houston Bankruptcy Court Determines (1) Make-Whole Claim ...
https://www.bakerbotts.com/thought-leadership/publications/2020/october/houston-bankruptcy-court-determines-claim-not-disallowed-bankruptcy-code
Also unlike interest, which accrues over time, a make-whole is a “one-time charge which fixes the [noteholders'] damages when it is triggered.”3 ...
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https://www.bakerbotts.com/thought-leadership/publications/2020/october/houston-bankruptcy-court-determines-claim-not-disallowed-bankruptcy-code
Also unlike interest, which accrues over time, a make-whole is a “one-time charge which fixes the [noteholders'] damages when it is triggered.”3 ...
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32
The Enforceability of Make-Whole Premiums in Bankruptcy
https://www.sillscummis.com/the-enforceability-of-make-whole-premiums-in-bankruptcy/
The Enforceability of Make-Whole Premiums in Bankruptcy. The Bankruptcy Strategist. August 1, 2014. Gregory A. Kopacz. < Return to Publications ...
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https://www.sillscummis.com/the-enforceability-of-make-whole-premiums-in-bankruptcy/
The Enforceability of Make-Whole Premiums in Bankruptcy. The Bankruptcy Strategist. August 1, 2014. Gregory A. Kopacz. < Return to Publications ...
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33
Recent Hertz Delaware Bankruptcy Court Decision Continues ...
https://www.cahill.com/publications/firm-memoranda/2022-02-23-recent-hertz-delaware-bankruptcy-court-decision-continues-uncertainty-around-make-whole-premium-claims/_res/id=Attachments/index=0/CGR%20Memo%20-%20Recent%20Hertz%20Delaware%20Bankruptcy%20Court%20Decision%20Continues%20Uncertainty%20Around%20Make-Whole%20Premium%20Claims.pdf
Over the past decade, there have been several court decisions on whether particular make-whole premiums should be allowed as part of a ...
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https://www.cahill.com/publications/firm-memoranda/2022-02-23-recent-hertz-delaware-bankruptcy-court-decision-continues-uncertainty-around-make-whole-premium-claims/_res/id=Attachments/index=0/CGR%20Memo%20-%20Recent%20Hertz%20Delaware%20Bankruptcy%20Court%20Decision%20Continues%20Uncertainty%20Around%20Make-Whole%20Premium%20Claims.pdf
Over the past decade, there have been several court decisions on whether particular make-whole premiums should be allowed as part of a ...
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34
Chapter 11 - Bankruptcy Basics | United States Courts
https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics
Generally, and subject to various defenses, the power to avoid transfers is effective against transfers made by the debtor within 90 days before filing the ...
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https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics
Generally, and subject to various defenses, the power to avoid transfers is effective against transfers made by the debtor within 90 days before filing the ...
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35
Texas Bankruptcy Court Allows Make-Whole Premiums, Post ...
https://www.kramerlevin.com/en/perspectives-search/texas-bankruptcy-court-allows-make-whole-premiums-post-petition-interest-on-unsecured-claims-at-contractual-default-rate.html
The court determined that (i) the noteholders' make-whole premium was not unmatured interest and was allowed under the Bankruptcy Code and (ii) ...
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https://www.kramerlevin.com/en/perspectives-search/texas-bankruptcy-court-allows-make-whole-premiums-post-petition-interest-on-unsecured-claims-at-contractual-default-rate.html
The court determined that (i) the noteholders' make-whole premium was not unmatured interest and was allowed under the Bankruptcy Code and (ii) ...
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36
United States: Making Sense of the Circuit Split on the ...
https://restructuring.bakermckenzie.com/2019/03/06/united-states-making-sense-of-the-circuit-split-on-the-enforcement-of-make-whole-provisions-in-bankruptcy/
United States: Making Sense of the Circuit Split on the Enforcement of Make-Whole Provisions in Bankruptcy ... The enforcement of a lender's claim ...
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https://restructuring.bakermckenzie.com/2019/03/06/united-states-making-sense-of-the-circuit-split-on-the-enforcement-of-make-whole-provisions-in-bankruptcy/
United States: Making Sense of the Circuit Split on the Enforcement of Make-Whole Provisions in Bankruptcy ... The enforcement of a lender's claim ...
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37
Make-Whole Premiums In Bankruptcy? Check the Documents
http://www.mintz.com/newsletter/2014/Advisories/4263-0914-NAT-BRC/index.html
A make-whole premium is a category of prepayment fee designed to protect lenders from prepayment at a time when interest rates have fallen ...
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http://www.mintz.com/newsletter/2014/Advisories/4263-0914-NAT-BRC/index.html
A make-whole premium is a category of prepayment fee designed to protect lenders from prepayment at a time when interest rates have fallen ...
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38
Language Matters: Third Circuit Finds Make-Whole Provision ...
https://katten.com/Third-Circuit-Finds-Make-Whole-Provision-Enforceable-After-Bankruptcy-Filing
Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing · Background · 1) An acceleration provision that is ...
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https://katten.com/Third-Circuit-Finds-Make-Whole-Provision-Enforceable-After-Bankruptcy-Filing
Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing · Background · 1) An acceleration provision that is ...
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39
Treatment of Make-Whole Premiums In Bankruptcy
https://us.eversheds-sutherland.com/portalresource/lookup/poid/Z1tOl9NPluKPtDNIqLMRV56Pab6TfzcRXncKbDtRr9tObDdEp0ZDo03!/fileUpload.name=/NYLJ%20-%20Christian,%20Sherrill,%20Brown.pdf
of the bankruptcy court's decision. What Is Make-Whole? Make-whole provisions are a yield protection mechanism that.
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https://us.eversheds-sutherland.com/portalresource/lookup/poid/Z1tOl9NPluKPtDNIqLMRV56Pab6TfzcRXncKbDtRr9tObDdEp0ZDo03!/fileUpload.name=/NYLJ%20-%20Christian,%20Sherrill,%20Brown.pdf
of the bankruptcy court's decision. What Is Make-Whole? Make-whole provisions are a yield protection mechanism that.
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40
Ultra Petroleum Decision Holds Make-Whole Constitutes ...
https://www.morganlewis.com/pubs/2019/01/ultra-petroleum-decision-holds-make-whole-constitutes-unmatured-interest-in-bankruptcy
› pubs › 2019/01 › ultra-p...
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https://www.morganlewis.com/pubs/2019/01/ultra-petroleum-decision-holds-make-whole-constitutes-unmatured-interest-in-bankruptcy
› pubs › 2019/01 › ultra-p...
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41
Recent Developments with Make-Whole Provisions in Chapter ...
https://www.spilmanlaw.com/dataentry/resources/attorney-articles/bankruptcy-and-creditors-rights/recent-developments-with-make-whole-provisions-in
A make-whole provision (also known as prepayment premium or call protection) in a loan agreement usually requires a debtor to pay a penalty ...
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https://www.spilmanlaw.com/dataentry/resources/attorney-articles/bankruptcy-and-creditors-rights/recent-developments-with-make-whole-provisions-in
A make-whole provision (also known as prepayment premium or call protection) in a loan agreement usually requires a debtor to pay a penalty ...
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42
Enforceability of Make-Whole Premiums in Bankruptcy
https://ncbjmeeting.org/2020/materials/Musing%20of%20a%20Ch%2011%20Mind%20Make%20Whole%20Provisions.pptx
Enforceability of Make-Whole Premiums in Bankruptcy. October 2020. Jessica Liouessica Liou. NCBJ 2020 Conference Session Delivered Virtually at Insolvency ...
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https://ncbjmeeting.org/2020/materials/Musing%20of%20a%20Ch%2011%20Mind%20Make%20Whole%20Provisions.pptx
Enforceability of Make-Whole Premiums in Bankruptcy. October 2020. Jessica Liouessica Liou. NCBJ 2020 Conference Session Delivered Virtually at Insolvency ...
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43
Landmark Delaware Bankruptcy Court Ruling that Debtors Did ...
https://www.herrickrestructuringreview.com/2022/06/landmark-delaware-bankruptcy-court-ruling-that-debtors-did-not-have-to-pay-make-whole-premium-was-in-error-first-lien-lenders-argue-on-appeal/
A “make-whole” premium is a loan provision to compensate a lender if a borrower repays the debt before maturity for the loss of the lender's ...
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https://www.herrickrestructuringreview.com/2022/06/landmark-delaware-bankruptcy-court-ruling-that-debtors-did-not-have-to-pay-make-whole-premium-was-in-error-first-lien-lenders-argue-on-appeal/
A “make-whole” premium is a loan provision to compensate a lender if a borrower repays the debt before maturity for the loss of the lender's ...
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44
Houston Bankruptcy Court Holds that Make-Whole Claims are ...
https://www.pbwt.com/bankruptcy-update-blog/losing-momentum-houston-bankruptcy-court-holds-that-make-whole-claims-are-not-the-economic-equivalent-of-unmatured-interest-subject-to-disallowance-solvent-debtor-exception-lives
Losing Momentum: Houston Bankruptcy Court Holds that Make-Whole Claims are Not the Economic Equivalent of Unmatured Interest Subject to ...
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https://www.pbwt.com/bankruptcy-update-blog/losing-momentum-houston-bankruptcy-court-holds-that-make-whole-claims-are-not-the-economic-equivalent-of-unmatured-interest-subject-to-disallowance-solvent-debtor-exception-lives
Losing Momentum: Houston Bankruptcy Court Holds that Make-Whole Claims are Not the Economic Equivalent of Unmatured Interest Subject to ...
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45
BANKRUPTCY COURT – If Debtor is Solvent, Default Interest ...
https://eppscoulson.com/bankruptcy-court-if-debtor-is-solvent-default-interest-and-make-whole-contract-provisions-are-enforced/
A 'Make-Whole' contract term, although based on the risk of use (including post-bankruptcy filing) of the creditor's money, is enforceable. The ...
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https://eppscoulson.com/bankruptcy-court-if-debtor-is-solvent-default-interest-and-make-whole-contract-provisions-are-enforced/
A 'Make-Whole' contract term, although based on the risk of use (including post-bankruptcy filing) of the creditor's money, is enforceable. The ...
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46
Make-Whole/Prepayment Premiums Alive and Well in ...
https://www.alston.com/en/insights/publications/2019/04/make-whole-prepayment-premiums
In In re 1141 Realty Owner, the Bankruptcy Court for the Southern District of New York issued an opinion—yet again—addressing the enforceability ...
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https://www.alston.com/en/insights/publications/2019/04/make-whole-prepayment-premiums
In In re 1141 Realty Owner, the Bankruptcy Court for the Southern District of New York issued an opinion—yet again—addressing the enforceability ...
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47
Delaware Judge Issues Important Ruling in Hertz Chapter 11 ...
https://www.bankruptcylawinsights.com/2022/02/driving-while-unimpaired-delaware-judge-issues-important-ruling-in-hertz-chapter-11-case-on-allowance-of-make-whole-premiums-treatment-of-unimpaired-creditors-and-postpetition-interest-pa-2/
... Ruling in Hertz Chapter 11 Case on Allowance of Make-Whole Premiums, ... Unimpaired creditors do not have a right under the Bankruptcy ...
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https://www.bankruptcylawinsights.com/2022/02/driving-while-unimpaired-delaware-judge-issues-important-ruling-in-hertz-chapter-11-case-on-allowance-of-make-whole-premiums-treatment-of-unimpaired-creditors-and-postpetition-interest-pa-2/
... Ruling in Hertz Chapter 11 Case on Allowance of Make-Whole Premiums, ... Unimpaired creditors do not have a right under the Bankruptcy ...
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48
Delaware Bankruptcy Court Enforces Prepetition “Make Whole ...
https://www.rlf.com/delaware-bankruptcy-court-enforces-prepetition-make-whole-payment-provision-in-school-specialty-inc/
The Court enforced the Make Whole Payment provision because such payment was not “plainly disproportionate” to the lender's probable loss, was ...
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https://www.rlf.com/delaware-bankruptcy-court-enforces-prepetition-make-whole-payment-provision-in-school-specialty-inc/
The Court enforced the Make Whole Payment provision because such payment was not “plainly disproportionate” to the lender's probable loss, was ...
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49
Bankruptcy Energy Future 1st-Lien Noteholders Lose Another ...
https://www.spglobal.com/marketintelligence/en/news-insights/blog/bankruptcy-energy-future-1st-lien-noteholders-lose-another-make-whole-bid
As Sontchi read the language of the indenture, the make-whole payment would be triggered only by the company's optional decision to prepay the notes, not by a ...
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https://www.spglobal.com/marketintelligence/en/news-insights/blog/bankruptcy-energy-future-1st-lien-noteholders-lose-another-make-whole-bid
As Sontchi read the language of the indenture, the make-whole payment would be triggered only by the company's optional decision to prepay the notes, not by a ...
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50
Latest Trends in the Enforceability of Make-Whole Premiums
https://www.csbankruptcyblog.com/2013/02/articles/bankruptcy-litigation/latest-trends-in-the-enforceability-of-make-whole-premiums/
A lender's entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest ...
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https://www.csbankruptcyblog.com/2013/02/articles/bankruptcy-litigation/latest-trends-in-the-enforceability-of-make-whole-premiums/
A lender's entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest ...
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51
Kleinhaus, Emil A. et al "The Enforceability of Ipso Facto ...
https://www.wlrk.com/webdocs/wlrknew/AttorneyPubs/WLRK.23283.14.pdf
of debt upon bankruptcy and that speciŽed that no make-whole payments would be due from the debtor following such acceleration. In arguing for the.
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https://www.wlrk.com/webdocs/wlrknew/AttorneyPubs/WLRK.23283.14.pdf
of debt upon bankruptcy and that speciŽed that no make-whole payments would be due from the debtor following such acceleration. In arguing for the.
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52
Month-In-Brief: Bankruptcy & Finance - Business Law Today
https://businesslawtoday.org/month-in-brief/october-in-brief-bankruptcy-and-finance-2022/
The courts continue to be plagued by the proper treatment of claims that are based on complex make-whole provisions in loan documentation in chapter 11 cases.
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https://businesslawtoday.org/month-in-brief/october-in-brief-bankruptcy-and-finance-2022/
The courts continue to be plagued by the proper treatment of claims that are based on complex make-whole provisions in loan documentation in chapter 11 cases.
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53
THE ENFORCEABILITY OF MAKE-WHOLE CLAUSES IN ...
https://mcmillan.ca/insights/the-enforceability-of-make-whole-clauses-in-bankruptcy/?print-posts=pdf
make-whole to compensate the lender in exchange for the ... for Early Repayment Compensation in an insolvency or bankruptcy proceeding.
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https://mcmillan.ca/insights/the-enforceability-of-make-whole-clauses-in-bankruptcy/?print-posts=pdf
make-whole to compensate the lender in exchange for the ... for Early Repayment Compensation in an insolvency or bankruptcy proceeding.
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54
Bankruptcy Basics: A Primer - CRS Reports
https://crsreports.congress.gov/product/pdf/R/R45137
Because hundreds of thousands of bankruptcy filings are made every year,13 ... vitally important to Congress and the nation as a whole.
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https://crsreports.congress.gov/product/pdf/R/R45137
Because hundreds of thousands of bankruptcy filings are made every year,13 ... vitally important to Congress and the nation as a whole.
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55
CLIENT ALERT: Olshan's 2020 Hot Topics in Bankruptcy Law
https://www.olshanlaw.com/resources-alerts-2020-Hot-Topics-in-Bankruptcy.html
1. Make-Whole Provisions. Bonds and term loans often contain “make-whole” provisions that provide for the payment of a fee in lieu of interest upon ...
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https://www.olshanlaw.com/resources-alerts-2020-Hot-Topics-in-Bankruptcy.html
1. Make-Whole Provisions. Bonds and term loans often contain “make-whole” provisions that provide for the payment of a fee in lieu of interest upon ...
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56
Spotlight on Make Whole Provisions in Bankruptcy
https://www.reedsmith.com/fr/perspectives/2014/10/spotlight-on-make-whole-provisions-in-bankruptcy
Loan agreements and bond indentures often contain "make-whole" provisions, which provide yield protection to lenders and investors in the ...
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https://www.reedsmith.com/fr/perspectives/2014/10/spotlight-on-make-whole-provisions-in-bankruptcy
Loan agreements and bond indentures often contain "make-whole" provisions, which provide yield protection to lenders and investors in the ...
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57
The Enforceability of a Make-Whole Provision in Bankruptcy
https://turnaround.org/jcr/2017/05/enforceability-make-whole-provision-bankruptcy-it-says-what-it-says
For more than a decade, make-whole premiums, also referred to at times as prepayment premiums, prepayment fees, yield maintenance premiums, or similar terms ...
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https://turnaround.org/jcr/2017/05/enforceability-make-whole-provision-bankruptcy-it-says-what-it-says
For more than a decade, make-whole premiums, also referred to at times as prepayment premiums, prepayment fees, yield maintenance premiums, or similar terms ...
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58
The Fifth Circuit Holds Bankruptcy Code Can Impair Claims ...
https://bracewell.com/insights/fifth-circuit-holds-bankruptcy-code-can-impair-claims-and-make-whole-provision-may-not-be
The court further held that a make-whole premium is a claim for unmatured interest which is not an allowable claim under Bankruptcy Code, ...
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https://bracewell.com/insights/fifth-circuit-holds-bankruptcy-code-can-impair-claims-and-make-whole-provision-may-not-be
The court further held that a make-whole premium is a claim for unmatured interest which is not an allowable claim under Bankruptcy Code, ...
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59
Bankruptcy Court Relies on Plain Language of Indentures in ...
https://www.paulweiss.com/media/1430129/28jan13amr.pdf
Denying American Airlines Noteholders' Make-Whole Claim. Over the last few years, the enforceability of “make-whole” premiums in bankruptcy ...
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https://www.paulweiss.com/media/1430129/28jan13amr.pdf
Denying American Airlines Noteholders' Make-Whole Claim. Over the last few years, the enforceability of “make-whole” premiums in bankruptcy ...
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60
Examining the Energy Future Holdings EFIH First Lien Make ...
https://www.abi.org/feed-item/what-the-future-holds-for-make-whole-claims-in-bankruptcy-examining-the-energy-future
The Summary Judgment Opinion The Indenture's Plain Language Did Not Provide for a Make-Whole Upon a Bankruptcy Acceleration To determine whether the Noteholders ...
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https://www.abi.org/feed-item/what-the-future-holds-for-make-whole-claims-in-bankruptcy-examining-the-energy-future
The Summary Judgment Opinion The Indenture's Plain Language Did Not Provide for a Make-Whole Upon a Bankruptcy Acceleration To determine whether the Noteholders ...
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61
Ultra Petroleum Bankruptcy Update: Make Whole Payments ...
https://reorg.com/ultra-petroleum-bankruptcy-update/
Robbins closed with a make whole argument, that it “cannot possibly be” the economic equivalent of unmatured interest because a make whole is “ ...
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https://reorg.com/ultra-petroleum-bankruptcy-update/
Robbins closed with a make whole argument, that it “cannot possibly be” the economic equivalent of unmatured interest because a make whole is “ ...
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62
Expert Q&A on 2017 Bankruptcy Trends - Fried Frank
https://www.friedfrank.com/uploads/siteFiles/News/Expert%20QA%20on%202017%20Bankruptcy%20Trends%20(w-006-7071)%20(005).pdf
Kaplan: A big concern for secured creditors is the bankruptcy courts' treatment of make-whole or yield maintenance provisions in loan agreements.
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https://www.friedfrank.com/uploads/siteFiles/News/Expert%20QA%20on%202017%20Bankruptcy%20Trends%20(w-006-7071)%20(005).pdf
Kaplan: A big concern for secured creditors is the bankruptcy courts' treatment of make-whole or yield maintenance provisions in loan agreements.
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63
Safeguarding Lenders' Entitlement to Make-Whole Payments ...
http://nebula.wsimg.com/b042533716280f0c395037c896acd3d8?AccessKeyId=3B39241A60E84B884186&disposition=0&alloworigin=1
Pratt's Journal of BankruPtcy law is published eight times a year by Matthew Bender & company,. Inc. copyright 2014 reed Elsevier Properties sa., used under ...
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http://nebula.wsimg.com/b042533716280f0c395037c896acd3d8?AccessKeyId=3B39241A60E84B884186&disposition=0&alloworigin=1
Pratt's Journal of BankruPtcy law is published eight times a year by Matthew Bender & company,. Inc. copyright 2014 reed Elsevier Properties sa., used under ...
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64
Are Yield Maintenance and Make-whole Provisions in ...
https://www.nextgenfinancialservicesreport.com/2022/11/are-yield-maintenance-and-make-whole-provisions-in-jeopardy-recent-fifth-circuit-decision-casts-serious-doubt-on-enforceability-of-such-loan-provisions-in-the-context-of-bankruptcy/
Ultra proposed a reorganization plan that provided for payment in full of its unsecured claims but took the position that the Bankruptcy Code ...
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https://www.nextgenfinancialservicesreport.com/2022/11/are-yield-maintenance-and-make-whole-provisions-in-jeopardy-recent-fifth-circuit-decision-casts-serious-doubt-on-enforceability-of-such-loan-provisions-in-the-context-of-bankruptcy/
Ultra proposed a reorganization plan that provided for payment in full of its unsecured claims but took the position that the Bankruptcy Code ...
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65
client update - delaware bankruptcy court allows make-whole ...
https://www.debevoise.com/-/media/files/insights/publications/2013/04/delaware-bankruptcy-court-allows-makewhole-claim__/files/view-client-update/fileattachment/delawarebankruptcycourtallowsmakewholeclaimrepre__.pdf
MAKE-WHOLE CLAIM REPRESENTING 37% OF. LOAN BALANCE. On April 22, 2013, Judge Kevin J. Carey of the Bankruptcy Court for.
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https://www.debevoise.com/-/media/files/insights/publications/2013/04/delaware-bankruptcy-court-allows-makewhole-claim__/files/view-client-update/fileattachment/delawarebankruptcycourtallowsmakewholeclaimrepre__.pdf
MAKE-WHOLE CLAIM REPRESENTING 37% OF. LOAN BALANCE. On April 22, 2013, Judge Kevin J. Carey of the Bankruptcy Court for.
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66
ULTRA PETROLEUM AND THE ISSUE OF IMPAIRMENT ...
https://www.faegredrinker.com/-/media/files/insights/pubs/2020/nasbl2020_millar_ultrapetroleumandimpairment_corrected.pdf
did not provide for payment of the Make-Whole Amount and contractual postpetition interest.27. The bankruptcy court ruled against the Debtors and held.
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https://www.faegredrinker.com/-/media/files/insights/pubs/2020/nasbl2020_millar_ultrapetroleumandimpairment_corrected.pdf
did not provide for payment of the Make-Whole Amount and contractual postpetition interest.27. The bankruptcy court ruled against the Debtors and held.
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67
Chapter 11 ) THE HERTZ CORP., et al., ) ) Case No. 2 - GovInfo
https://www.govinfo.gov/content/pkg/USCOURTS-deb-1_21-ap-50995/pdf/USCOURTS-deb-1_21-ap-50995-0.pdf
assert entitlement to a make-whole premium and additional ... bankruptcy court from entering final judgment over a party's.
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https://www.govinfo.gov/content/pkg/USCOURTS-deb-1_21-ap-50995/pdf/USCOURTS-deb-1_21-ap-50995-0.pdf
assert entitlement to a make-whole premium and additional ... bankruptcy court from entering final judgment over a party's.
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68
Bankruptcy Court Holds That Secured Creditors Can Be ...
https://www.ropesgray.com/en/newsroom/alerts/2014/september/bankruptcy-court-holds-that-secured-creditors-can-be-crammed-down-with-below-market-rate-replacement
If, on the other hand, a secured creditor class rejected the plan, the class's entitlement to the make-whole premiums would be litigated and ...
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https://www.ropesgray.com/en/newsroom/alerts/2014/september/bankruptcy-court-holds-that-secured-creditors-can-be-crammed-down-with-below-market-rate-replacement
If, on the other hand, a secured creditor class rejected the plan, the class's entitlement to the make-whole premiums would be litigated and ...
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69
Distressed Lending after Ultra Petroleum: When Does Risky ...
https://www.americanbar.org/groups/business_law/publications/blt/2019/09/distressed-lending/
Contractual prepayment premiums—also called make-whole provisions or prepayment penalties—offer yield protection to a lender in the event a ...
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https://www.americanbar.org/groups/business_law/publications/blt/2019/09/distressed-lending/
Contractual prepayment premiums—also called make-whole provisions or prepayment penalties—offer yield protection to a lender in the event a ...
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70
Delaware Bankruptcy Court in In re School Specialty Affirms ...
https://casetext.com/analysis/delaware-bankruptcy-court-in-in-re-school-specialty-affirms-lenders-ability-to-recover-37-percent-make-whole-premium-as-part-of-its-secured-claim
The decision re-affirms that bankruptcy courts will respect properly drafted make-whole premiums that pass muster under applicable state law.
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https://casetext.com/analysis/delaware-bankruptcy-court-in-in-re-school-specialty-affirms-lenders-ability-to-recover-37-percent-make-whole-premium-as-part-of-its-secured-claim
The decision re-affirms that bankruptcy courts will respect properly drafted make-whole premiums that pass muster under applicable state law.
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71
Second Circuit Adopts Two-Step Market-Based Approach to ...
https://www.gibbonslaw.com/resources/publications/second-circuit-adopts-two-step-market-based-approach-to-chapter-11-cramdown-interest-rates-and-affirms-bankruptcy-courts-subordination-of-certain-notes-and-denial-of-make-whole-premium-12-01-2017
The Bankruptcy Code allows “debtors to make such 'deferred cash payments' to secured creditors (i.e., to 'cramdown'),”4 provided those payments carry an ...
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https://www.gibbonslaw.com/resources/publications/second-circuit-adopts-two-step-market-based-approach-to-chapter-11-cramdown-interest-rates-and-affirms-bankruptcy-courts-subordination-of-certain-notes-and-denial-of-make-whole-premium-12-01-2017
The Bankruptcy Code allows “debtors to make such 'deferred cash payments' to secured creditors (i.e., to 'cramdown'),”4 provided those payments carry an ...
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72
Stay Up to Date on Make-Wholes! - LexisNexis
https://www.lexisnexis.com/community/insights/legal/b/practical-guidance/posts/stay-up-to-date-on-make-wholes
Use this checklist when drafting make-whole and no-call provisions prior to a bankruptcy filing and analyzing their enforceability after a ...
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https://www.lexisnexis.com/community/insights/legal/b/practical-guidance/posts/stay-up-to-date-on-make-wholes
Use this checklist when drafting make-whole and no-call provisions prior to a bankruptcy filing and analyzing their enforceability after a ...
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73
Business Restructuring & Bankruptcy - Blank Rome LLP
https://www.blankrome.com/sites/default/files/0643856A4705E532132399AC9C0AB183.pdf
Momentive: Key Second Circuit Decision Tackles Make-Whole. Premiums and Cramdown Interest. Action Item: Lenders and bankruptcy practitioners ...
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https://www.blankrome.com/sites/default/files/0643856A4705E532132399AC9C0AB183.pdf
Momentive: Key Second Circuit Decision Tackles Make-Whole. Premiums and Cramdown Interest. Action Item: Lenders and bankruptcy practitioners ...
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74
Make-Whole Claims in Bankruptcy… Still Flying High ...
https://www.abfjournal.com/articles/make-whole-claims-in-bankruptcy-still-flying-high-earning-passing-grades/
Inclusion of make-whole in a bankruptcy claim is often a controversial issue between the debtor and the various creditor constituencies.
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https://www.abfjournal.com/articles/make-whole-claims-in-bankruptcy-still-flying-high-earning-passing-grades/
Inclusion of make-whole in a bankruptcy claim is often a controversial issue between the debtor and the various creditor constituencies.
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75
Who is Responsible Here?
https://www.justice.gov/archive/ust/articles/docs/2008/abi_200805.pdf
The principals of the company consult with bankruptcy counsel to ... given free rein to make all decisions in the chapter 11 case. Accordingly, the company ...
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https://www.justice.gov/archive/ust/articles/docs/2008/abi_200805.pdf
The principals of the company consult with bankruptcy counsel to ... given free rein to make all decisions in the chapter 11 case. Accordingly, the company ...
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76
Caution: Make-Whole Provisions Are Taken At Face Value
https://www.choate.com/images/content/1/2/v2/1231/Caution-Make-Whole-Provisions-Are-Taken-At-Face-Value.pdf
the payment of make-whole premiums upon acceleration, particularly given that many bankruptcy courts will look for reasons not to enforce ...
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https://www.choate.com/images/content/1/2/v2/1231/Caution-Make-Whole-Provisions-Are-Taken-At-Face-Value.pdf
the payment of make-whole premiums upon acceleration, particularly given that many bankruptcy courts will look for reasons not to enforce ...
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77
in the united states bankruptcy court
https://14edwoyn8ir30kw8q430ktrl-wpengine.netdna-ssl.com/wp-content/uploads/2015/11/css-draft-memo-op-re-2nd-lien-make-whole-claims-10.29.15.pdf
The Debtors filed for bankruptcy on the Petition Date, ... As a general rule regarding make-whole or prepayment premiums, “a lender is not.
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https://14edwoyn8ir30kw8q430ktrl-wpengine.netdna-ssl.com/wp-content/uploads/2015/11/css-draft-memo-op-re-2nd-lien-make-whole-claims-10.29.15.pdf
The Debtors filed for bankruptcy on the Petition Date, ... As a general rule regarding make-whole or prepayment premiums, “a lender is not.
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78
UNITED STATES BANKRUPTCY COURT SOUTHERN ...
https://www.gpo.gov/fdsys/pkg/USCOURTS-nysb-1_12-ap-01932/pdf/USCOURTS-nysb-1_12-ap-01932-0.pdf
But no such Make-Whole must be paid where certain kinds of defaults have occurred, including the filing of a bankruptcy as contemplated ...
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https://www.gpo.gov/fdsys/pkg/USCOURTS-nysb-1_12-ap-01932/pdf/USCOURTS-nysb-1_12-ap-01932-0.pdf
But no such Make-Whole must be paid where certain kinds of defaults have occurred, including the filing of a bankruptcy as contemplated ...
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79
Chapter 11 Debtor Escapes Required Make-Whole Premium ...
https://www.quarles.com/christopher-combest/publications-and-presentations/chapter-11-debtor-escapes-required-make-whole-premium-in-bankruptcy/
A prominent New York bankruptcy court is the latest in a series of courts to deny lenders the full benefit of their bargains when borrowers ...
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https://www.quarles.com/christopher-combest/publications-and-presentations/chapter-11-debtor-escapes-required-make-whole-premium-in-bankruptcy/
A prominent New York bankruptcy court is the latest in a series of courts to deny lenders the full benefit of their bargains when borrowers ...
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80
Prepayment Premium/Make-Whole Enforceability in Bankruptcy
https://www.realbankruptcyintel.com/2019/12/prepayment-premium-make-whole-enforceability-in-bankruptcy-the-details-matter/
Prepayment premiums (also referred to as make-whole premiums) are a common feature in loan documents, allowing lenders to recover a lump-sum ...
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https://www.realbankruptcyintel.com/2019/12/prepayment-premium-make-whole-enforceability-in-bankruptcy-the-details-matter/
Prepayment premiums (also referred to as make-whole premiums) are a common feature in loan documents, allowing lenders to recover a lump-sum ...
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81
Bankruptcy on the Side
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1311&context=nulr
as a whole.2 Bankruptcy adds the most value when creditors and other stakeholders are dispersed and uncoordinated, making bargaining outside.
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https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1311&context=nulr
as a whole.2 Bankruptcy adds the most value when creditors and other stakeholders are dispersed and uncoordinated, making bargaining outside.
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82
Crowell & Moring Client Alert: Call Premiums in Bankruptcy
https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Call-Premiums-in-Bankruptcy-Maturities-Finale-or-a-Case-of-Arrested-Development/pdf
Call Premiums in Bankruptcy — Maturities' Finale or a Case of Arrested ... "make-whole" premium because the filing of the bankruptcy ...
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https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Call-Premiums-in-Bankruptcy-Maturities-Finale-or-a-Case-of-Arrested-Development/pdf
Call Premiums in Bankruptcy — Maturities' Finale or a Case of Arrested ... "make-whole" premium because the filing of the bankruptcy ...
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83
Enforceability of Make-Whole Provisions in Bankruptcy
http://media.straffordpub.com/products/enforceability-of-make-whole-provisions-in-bankruptcy-maximizing-lender-and-noteholder-rights-to-prepayment-premiums-2014-09-23/presentation.pdf
Make-whole (MW) provisions are also referred to as “prepayment penalties,” “prepayment premiums,” prepayment fees,” or “optional redemption” ...
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http://media.straffordpub.com/products/enforceability-of-make-whole-provisions-in-bankruptcy-maximizing-lender-and-noteholder-rights-to-prepayment-premiums-2014-09-23/presentation.pdf
Make-whole (MW) provisions are also referred to as “prepayment penalties,” “prepayment premiums,” prepayment fees,” or “optional redemption” ...
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84
Recent Developments in Bankruptcy Law, October 2017
https://jenner.com/system/assets/assets/10399/original/Recent%20Developments%20in%20Bankruptcy%20Law%20-%20October%202017.pdf
bankruptcy, the debtor made transfers that the trustee alleged were ... entitled the lenders to a make-whole payment if the debtor were to ...
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https://jenner.com/system/assets/assets/10399/original/Recent%20Developments%20in%20Bankruptcy%20Law%20-%20October%202017.pdf
bankruptcy, the debtor made transfers that the trustee alleged were ... entitled the lenders to a make-whole payment if the debtor were to ...
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85
Bankruptcy Plan Does Not Impair Claims Through Code's ...
https://www.troutman.com/insights/bankruptcy-plan-does-not-impair-claims-through-codes-disallowance-procedures.html
The debtors argued that it was not the plan of reorganization that prevented payment of the make-whole amount to the class 4 creditors.
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https://www.troutman.com/insights/bankruptcy-plan-does-not-impair-claims-through-codes-disallowance-procedures.html
The debtors argued that it was not the plan of reorganization that prevented payment of the make-whole amount to the class 4 creditors.
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86
Chapter 7 vs. Chapter 11: Know the Difference - Investopedia
https://www.investopedia.com/ask/answers/differences-between-chapter-7-and-chapter-11/
Known as “liquidation” bankruptcy · Assets are sold off by a trustee to pay debts · When all assets are sold, the remaining debt generally is forgiven · Used by ...
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https://www.investopedia.com/ask/answers/differences-between-chapter-7-and-chapter-11/
Known as “liquidation” bankruptcy · Assets are sold off by a trustee to pay debts · When all assets are sold, the remaining debt generally is forgiven · Used by ...
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87
Go Beyond Basic Principal and Interest - WilmerHale
https://www.wilmerhale.com/-/media/88984910bb4f4dadb9386f32bf398ebd.pdf
occur in bankruptcy, and that the make-whole premium cannot be part of a bankruptcy claim. Also, bankruptcy law and policy do not permit ...
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https://www.wilmerhale.com/-/media/88984910bb4f4dadb9386f32bf398ebd.pdf
occur in bankruptcy, and that the make-whole premium cannot be part of a bankruptcy claim. Also, bankruptcy law and policy do not permit ...
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88
Payment of Make-Whole Premium Upon Acceleration by ...
https://www.aciclaw.org/news/2016/payment-of-make-whole-premium-upon-acceleration-by-bankruptcy/
Sontchi of the Bankruptcy Court for the District of Delaware held that identical language in a Second Lien Indenture and PIK Indenture governed ...
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https://www.aciclaw.org/news/2016/payment-of-make-whole-premium-upon-acceleration-by-bankruptcy/
Sontchi of the Bankruptcy Court for the District of Delaware held that identical language in a Second Lien Indenture and PIK Indenture governed ...
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89
BlockFi says it is 'the antithesis of FTX' in bankruptcy hearing ...
https://www.scmp.com/tech/policy/article/3201488/blockfi-says-it-antithesis-ftx-bankruptcy-hearing-aims-make-customers-whole
... of FTX' in bankruptcy hearing, aims to make customers whole ... in the BlockFi Wallet programme to withdraw during the bankruptcy case.
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https://www.scmp.com/tech/policy/article/3201488/blockfi-says-it-antithesis-ftx-bankruptcy-hearing-aims-make-customers-whole
... of FTX' in bankruptcy hearing, aims to make customers whole ... in the BlockFi Wallet programme to withdraw during the bankruptcy case.
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90
Bankruptcy 101: Bankruptcy Basics - YouTube
https://www.youtube.com/watch?v=LBVpN-q6M-A
Thompson Coburn LLP
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https://www.youtube.com/watch?v=LBVpN-q6M-A
Thompson Coburn LLP
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91
FTX's disgraced founder SBF still thinks he can rebuild his ...
https://fortune.com/2022/11/16/ftx-bankruptcy-alameda-research-sbf-sam-bankman-fried-customer-deposits-scandal-lehman-bernie-madoff/
Raise liquidity, make customers whole, and restart,” he wrote on Tuesday to his 1 ... In truth, Alameda was the source of FTX's bankruptcy, ...
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https://fortune.com/2022/11/16/ftx-bankruptcy-alameda-research-sbf-sam-bankman-fried-customer-deposits-scandal-lehman-bernie-madoff/
Raise liquidity, make customers whole, and restart,” he wrote on Tuesday to his 1 ... In truth, Alameda was the source of FTX's bankruptcy, ...
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92
What Is An Automatic Stay In Bankruptcy? - Bankrate.com
https://www.bankrate.com/personal-finance/debt/what-is-an-automatic-stay/
At Bankrate we strive to help you make smarter financial decisions. ... When your debts are mounting, filing for bankruptcy can provide some ...
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https://www.bankrate.com/personal-finance/debt/what-is-an-automatic-stay/
At Bankrate we strive to help you make smarter financial decisions. ... When your debts are mounting, filing for bankruptcy can provide some ...
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