Financing arrangements are often negotiated with the inclusion of pre-payment premiums. Whether referred to as a pre-payment penalty, a pre-payment premium, make-whole costs, liquidated damages or otherwise, these provisions require the debtor to pay the lender an agreed upon amount if the underlying debt is paid prior to the originally scheduled maturity date. Similar to traditional liquidated damages clauses in other contractual arrangements, debtors have challenged pre-payment premium clauses, utilizing arguments …