We agree with the IAS Court that plaintiffs' claim that a loan to them was made by defendant Topsoe and that the shares of ERC sent to Topsoe collateralized this loan is not likely to succeed on the merits. The writings exchanged between the parties clearly demonstrate that a sale was both contemplated and consummated and that plaintiffs received $400,000 for a block of 100,000 shares of ERC. Thus, the IAS Court properly denied the preliminary injunction and, inferentially...
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