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Make-Whole Mayhem

<b><i>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.

21 minute read April 02, 2017 at 12:03 AM
By
Jeffrey R. Gleit and Nathaniel R.B. Koslof
Make-Whole Mayhem

Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums are increasingly common yield-protection tools meant to compensate lenders for interest they would otherwise receive for the remainder of the term but for the unexpected early repayment.

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