In re Energy Future Holdings Corp.: Third Circuit Reverses and Requires EFIH to Pay Make-Whole Claims | Practical Law
In Delaware Trust Co. v. Energy Future Intermediate Holding Co., LLC (In re Energy Future Holdings Corp.), the US Court of Appeals for the Third Circuit reversed the holdings of the US District Court for the District of Delaware and the US Bankruptcy Court for the District of Delaware disallowing the noteholders' claims for make-whole premiums, ruling that the relevant indenture provisions support payment of the make-whole amounts.