21 Jun 2022
Make Me Whole Again
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.
Related Content
- Make-Whole and No-Call Provisions in Bankruptcy
Review this practice note for an overview of make-whole and no-call provisions and the enforcement of such terms in bankruptcy.
- Make-Whole Premium Clause (Loan Agreement) (Pro Lender)
Use this clause if you represent lenders and need to draft make-whole provisions for use in a credit agreement.
- Loan Agreement Events of Default: Lenders' Remedies Resource Kit
Refer to this resource kit which provides an overview of drafting defaults, events of default, and related provisions in a loan agreement and a lender's remedies upon an event of default.
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