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Some courts are similarly loath to purchase right into a
lender’s various argument that it must be entitled to contract damages
claims (apart from a make-entire premium)
for "dashed expectations" when its excellent debt has been paid previous
to its authentic maturity. Lenders typically incorporate "no-call" provisions to forestall borrowers from refinancing or retiring debt
prior to maturity. S.D.N.Y. Dec. 3, 2010), the bankruptcy courtroom accepted a sale of considerably
all of the chapter 11 debtors’ assets underneath sections 363(b)
and (f) of the Bankruptcy Code over the objections of the debtors’ second-lien lenders and the unsecured creditors’ committee.
However, the court of appeals rejected the bankruptcy court’s finding that
the debtor was insolvent by valuing its contingent liabilities at a hundred %,
while valuing contingent property at zero, and remanded the case beneath for further findings on the problem of solvency.
The courtroom determined that the "business judgment," fairly than the
"entire fairness," normal ought to apply to the proposed sale transaction, given the absence of any evidence that the
sale course of was "tainted" because the debtors’ administrators
had "personal and financial allegiances to entities apart from the Debtors," together with the court’s discovering that the
sale process was honest.

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