CARGILL INCORPORATED v. BUNGE FOODS LTD.


306 A.D.2d 101 (2003)

762 N.Y.S.2d 53

CARGILL INCORPORATED, Respondent, v. BUNGE FOODS, LTD., Appellant.

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

Decided June 12, 2003.


Cargill purchased Bunge's interest in Gramoven for $100 million, pursuant to a stock purchase agreement (the Agreement) dated November 4, 1998. Pursuant to section 2.04 of the Agreement, entitled "Post-Closing Audit and Adjustment," the purchase price was subject to a postclosing adjustment based on Gramoven's net worth as reflected in a "Closing Balance Sheet" to be prepared in accordance with Venezuelan generally accepted accounting principles, at Cargill's option and cost...

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