Matthew Weaver KC and Andrew Brown analyse “make-whole” clauses under Chapter 11 and Pt 26A restructuring plans.

In the July 2025 edition of the Journal of International Banking and Financial Law, Matthew Weaver KC and Andrew Brown provide a comparative analysis of the treatment of “make-whole” clauses in US Chapter 11 proceedings and under English restructuring plans pursuant to Part 26A of the Companies Act 2006. Drawing on leading authorities including Ultra Petroleum, Hertz, Re Lake Distillery and Re Thames Water, they explore the contractual, statutory and procedural considerations relevant to plan formulation and sanctioning in both jurisdictions.

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