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Ultra Petroleum Aftermath: Make-Whole and No-Call Provisions in Bankruptcy

 

Gain a better understanding of bankruptcy case law developments and offer best practices for lenders to protect these claims.

Many banks are perplexed by the inconsistent treatment of make-wholes (otherwise known as prepayment premiums) in bankruptcy. Sometimes they are enforced, and sometimes not, for reasons that are difficult to reconcile. This information will help banks and their advisors understand the factors that courts consider when they decide whether to enforce make-wholes in bankruptcy, allowing them to draft better provisions and evaluate the risks associated with existing provisions.

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Ultra Petroleum Aftermath: Make-Whole and No-Call Provisions in Bankruptcy

Agenda

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Ultra Petroleum Aftermath: Make-Whole and No-Call Provisions in Bankruptcy

Faculty

Hugh McCullough

Hugh McCullough

Davis Wright Tremaine LLP

  • Partner in the Seattle office of Davis Wright Tremaine LLP
  • Advises clients in litigations and transactions involving bankruptcy, the payments industry, and secured financings; regularly helps clients with matters that never reach a courtroom, but in cases requiring litigation, he has argued and won in the Washington Supreme Court, the 9th Circuit Court of Appeals, and federal courts around the country
  • American Bankruptcy Institute; board of directors, Turnaround Management Association, Pacific Northwest chapter; board member, 2016-present; president, board of directors, 2016-2018 – Consumer Education and Training Services (CENTS); Amicus Brief Committee, Washington State Bar Association, 2014-2016
  • J.D. degree, Northwestern University School of Law
  • Can be contacted at 206-757-8189 or [email protected]
Brian Hulse

Brian Hulse

Davis Wright Tremaine LLP

  • Partner in the Seattle office of Davis Wright Tremaine LLP
  • Focuses his practice on real estate finance, commercial lending, finance and business transactions, loan workouts, realization proceedings, and bankruptcy
  • Co-chair of the State Law Survey Task Force of the Commercial Finance Committee of the American Bar Association, editor-in-chief of 50-state survey of commercial lending laws and author of Washington chapter; fellow of the American College of Mortgage Attorneys; former member, board of regents; fellow of the American College of Commercial Finance Lawyers; member of the Legal Opinions Committee of the Washington State Bar Association
  • J.D. degree, University of California, Berkeley, School of Law
  • Can be contacted at 206-757-8261 or [email protected]
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Ultra Petroleum Aftermath: Make-Whole and No-Call Provisions in Bankruptcy

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