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EFH Extends New York Make-Whole Rationale To Delaware

Law360, New York (April 1, 2015, 3:27 PM EDT) -- Judge Christopher Sontchi issued a notable opinion last week in the bankruptcy case of Energy Future Holdings Corp. et al., Case No. 14-10979 (D. Del.), ruling that the repayment in full of certain senior secured notes did not trigger an obligation by the debtors to pay a make-whole premium. One important aspect of this decision is that Judge Sontchi closely followed the reasoning of Judge Robert Drain last year in a similar decision involving a make-whole premium in MPM Silicones LLC et al. (“Momentive”), Case No....
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