Jeffrey Levine and Donia Hashem of McMillan examine a recent decision which appears to expand the circumstances in which courts will disregard provisions indemnifying secured lenders for the costs associated with enforcing their loans and will instead fix a lender’s costs at an amount materially lower than costs actually incurred.
Indemnity Agreement for Costs of Enforcing on Security Undermined by an Exercise of Judicial Discretion
May 12, 2023
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