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BANK OF NEW YORK v. TYCO INTERN. GROUP

No. 07 Civ. 4659(SAS).

545 F.Supp.2d 312 (2008)

BANK OF NEW YORK, as Indenture Trustee, Plaintiff, v. TYCO INTERNATIONAL GROUP, S.A., Tyco International, Ltd., and Tyco International Finance S.A., Defendants.

United States District Court, S.D. New York.

March 3, 2008.

Attorney(s) appearing for the Case

Kevin J. O'Brien, Esq., Glenn E. Siegel, Esq., Alissa Rossman, Esq., Ronald Allan Hewitt, Esq., Dechert, LLP, Gerard E. Harper, Esq., Andrew Garry Gordon, Esq., Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Plaintiff.

Marshall Ross King, Esq., Gibson, Dunn & Crutcher LLP, New York, NY, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Tyco International, Ltd. ("Tyco") is a large corporate conglomerate. This action arises from a spin-off of two of Tyco's four major lines of business (the "Transaction"). Bank of New York ("BNY"), Indenture Trustee with respect to certain notes issued by Tyco and its subsidiaries (the "Notes"), filed the instant action,...

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