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Make-Whole Premiums in Bankruptcy: A Decision that Hertz Creditors

Two recent court decisions may indicate more uncertainty with respect to the enforceability of “make-whole” premiums in bankruptcy. Make-whole or prepayment premiums are common within loan agreements, bond issuances and other debt instruments.

USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP
Important cross-border enforcement decision by the New York courts

Summary

USA, New York, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Debtor, Interest, Arbitration award, Personal jurisdiction, Debt, Personal property, Default judgment, Extraterritoriality, Contempt of court, Dissenting opinion, Subsidiary, Forum shopping