1.21 FPSL's lenders decided that it would be prudent for FPSL to seek the consent of the Prison Service to the refinancing in view of the uncertainty as to whether or not such consent was actually required. They were concerned that the Prison Service might in the future decline to pay termination liabilities on the grounds that FPSL had proceeded with the refinancing without explicit consent. FPSL therefore told the Prison Service early in 1999 that its lenders would require the Prison Service's explicit approval given the increase in termination liabilities that would arise from the refinancing.