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The Enforceability of a Make-Whole Provision in Bankruptcy: It Says What It Says

Bankruptcy, Make-Whole Provision, Journal of Corporate Renewal. JCR

For more than a decade, make-whole premiums, also referred to at times as prepayment premiums, prepayment fees, yield maintenance premiums, or similar terms, have been a common feature in bond indentures and credit agreements. The basic purpose of a make-whole premium is to compensate the...

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