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Expert Analysis

Spotlight On Make-Whole Provisions In Bankruptcy

Law360, New York (October 8, 2014, 10:02 AM EDT) -- Loan agreements and bond indentures often contain "make-whole" provisions, which provide yield protection to lenders and investors in the event of a repayment prior to maturity. They accomplish this by requiring the borrower to pay a premium for prepayment of a loan. This allows lenders to lock in a guaranteed rate of return when they agree to provide financing. Borrowers also benefit since the yield protection allows lenders to offer lower interest rates or fees than they would absent such protection....

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