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Fifth Circuit Withdraws Opinion that Make-Whole Constitutes Unmatured Interest in Bankruptcy

Granting unusual relief requested by a group of noteholders co-represented by Morgan Lewis, on November 26, a three-judge panel of the US Court of Appeals for the Fifth Circuit withdrew its original opinion issued earlier...more

Ultra Petroleum Decision Holds Make-Whole Constitutes Unmatured Interest in Bankruptcy

In a holding that is significant for fixed-rate lending markets, the US Court of Appeals for the Fifth Circuit recently ruled that certain make-whole provisions constitute “unmatured interest” and are thus not within...more

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