Safeguarding Lenders’ Entitlement to Make-Whole Payments in Bankruptcy


Subtle bankruptcy nuances left unaddressed in a loan agreement may result in a forfeit of the make-whole charge which the lender bargained for when negotiating and documenting the loan. This white paper provides lenders useful guidance to help preserve entitlement to bargained-for make-whole payments in the event of a borrower's bankruptcy.


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 Camisha L.
Simmons