Thomas P. Donahue

Ethics: Opinions and Advance Waivers

The Miller's Tale is a cautionary tale of characters each of whom in his way assumed too much, and failed to take account of reservations.  Much like certain legal opinions.  This panel will consider the ethical issues of third party opinion givers in conjunction with the Tri-Bar approach developed more than 25 years ago, the trials and tribulations of "advance waivers" and certain ethical issues involved with opinions given by purchasers' counsel.  The panel will also consider the opinion issues which can arise in cross-border transactions, including differences in the practice of issuing

Event: 
2018 Fall Annual Meeting and Education Conference
Panel Date: 
Friday, October 19, 2018

Current Developments (Fall 2007)

  • Form Make Whole & Swap Indemnity Language – Demystifying the Computations. Following are the supporting documents:
  1. Prepayment Example
  2. Form Make-Whole and Swap Indemnity Language
  • Update on Amendment Process – Is it Working? Following are the supporting documents:
  1. River East - Transcript of Oral Argument
  2. River East - WestLaw Document

Event: 
2007 Annual Meeting and Education Conference Papers
Panel Date: 
Friday, October 5, 2007

Update on the Model Form and Recent Make-Whole Developments (Spring 2011)

Proposed Revisions to Model Form No. 2 Note Purchase Agreement discussion has the following supporting documents:

  • Draft of Updated Model Form Note Purchase Agreement
  • Blackline version - Draft of Updated Model Form Note Purchase Agreement

Getting Paid What’s Due Before It’s Due: An Update on the Enforceability of Prepayment Provisions in Bankruptcy discussion has the following supporting document:

  • Getting Paid What’s Due Before It’s Due
Event: 
2011 Annual Spring Forum Papers
Panel Date: 
Friday, April 29, 2011
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