In re Energy Future Holdings Corp: Delaware Bankruptcy Court Again Relies on SDNY's Momentive Ruling to Deny Make-Whole Claims | Practical Law
In Computershare Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.), the US Bankruptcy Court for the District of Delaware held that automatic acceleration of a debt caused by a bankruptcy filing did not trigger the Debtors' obligation to pay a make-whole premium to second lien noteholders in the absence of an explicit provision providing either that the premium is payable despite that acceleration or that the premium is payable whenever debt is repaid before the original maturity.