Defendants moved to dismiss plaintiff Satra Limited's claim for commissions based upon a purported failure of consideration due to Coca-Cola's alleged inability to use "countertrade credits" generated by Satra under a series of agreements. At best, defendants' evidence demonstrates that they were unable to use the countertrade credits generated in 1989 by Satra during the 1990 calendar year. By their terms, however, the agreements did not expire prior to 1992 or, alternatively...
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