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Make Me Whole Again

June 21, 2022

Make sure you have a checklist in hand when drafting and/or reviewing an indenture or credit agreement containing provisions that ensure a lender receives the full amount of income it bargained for, or compensation for the lost amounts if the borrower pays the loan off early. This checklist can be used in drafting such make-whole and no-call provisions prior to a bankruptcy filing and in analyzing their enforceability after a filing.

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