A panel of the US Court of Appeals for the Fifth Circuit issued its long-anticipated decision in the Ultra Petroleum make-whole and post-petition interest dispute, with the majority holding that the solvent-debtor exception survived the enactment of the US Bankruptcy Code.
Decision establishes framework for future rulings that covenants in midstream agreements do not run with the land.
USA, New York, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Natural gas, Covenant (law)