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Make-Whole Doctrine Liquidated Damages Debtors

Jones Day

Bankruptcy Court Rules "Make-Whole" Provision Creates Enforceable Liquidated Damages

Jones Day on

The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium in excess of $200...more

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