Plaintiff and defendant are banks that provided a credit facility to intervenor-plaintiff The Urban Food Malls, Ltd. (Food Malls). The banks' rights and obligations among themselves were governed by an Interbank Agreement dated December 9, 1987. Plaintiff Bank of Tokyo-Mitsubishi Trust Company (Bank of Tokyo) acted as agent for the other banks in connection with the credit facility pursuant to the Interbank Agreement. It had authority under this agreement to enter into a...
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