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Welcome to the first Akin Gump client alert sub-titled Make (Whole) a Minute. These alerts are designed to be short digestible updates or commentaries on topics of interest to the institutional investment community that take a minute (or two) to read. And who doesn’t love Make-Whole and a good play on words?
It seemed appropriate to reference Make-Whole in this first Make (Whole) a Minute alert. Having just filed the latest brief in the Ultra Make-Whole and Post-Petition Interest saga in connection with the second trip to the Fifth Circuit (for a copy, click here), we are reminded of existing precedent from the Fifth Circuit’s November 2019 decision regarding the meaning of unimpairment under the Bankruptcy Code.