JOHN ST. LEASEHOLD v. CHEM. BANK


248 A.D.2d 146 (1998)

669 N.Y.S.2d 572

John Street Leasehold L. L. C., Appellant, v. Chemical Bank, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 5, 1998


The Participation Agreement, executed by the various banking institutions participating in the subject syndicated loan, unequivocally provided that the initial determination as to a waiver of any term or condition of the loan, mortgage or commitment was to be made by the lead bank and then would be subject to ratification by a supermajority of the "aggregate face amount of outstanding participations". Plaintiff's attempt to vary the terms of the Participation Agreement, through...

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