Publications

Treatment of "Make-Whole" and "No-Call" Provisions by Bankruptcy Courts

April 2011
Pratt’s Journal of Bankruptcy Law

The Bankruptcy Court for the Southern District of New York recently considered the enforceability of claims for "make-whole" amounts and damages for breach of a "no-call" provision in In re Chemtura Corp. ("Chemtura"). These provisions are generally enforceable outside of bankruptcy, but enforceability in the context of a bankruptcy case is still unclear. In Chemtura, the court did not actually rule on enforceability but approved a settlement that allocated value to creditors on account of a make-whole clause and a no-call provision.