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GRYPHON DOMESTIC VI, LLC v. APP INTERNATIONAL FINANCE COMPANY

18 A.D.3d 286 (2005)

795 N.Y.S.2d 43

GRYPHON DOMESTIC VI, LLC, et al., Respondents, v. APP INTERNATIONAL FINANCE COMPANY, B.V., et al., Appellants.

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

May 17, 2005.

Defendants contend that plaintiffs failed to comply with certain conditions precedent set out in section 4.6 of the Lontar indenture and section 4.5 of the Indah Kiat indentures. However, these conditions do not apply to the Indah Kiat 02 Notes, which have already matured (see e.g. Upic & Co. v Kinder-Care Learning Ctrs., Inc., 793 F.Supp. 448, 454-455 [SD NY 1992]). Contrary to defendants' claim, plaintiffs did raise this...

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