Daniel K. Hogan, Esquire , of The Hogan Firm, of Wilmington, Delaware; Of Counsel: Paul B. Lackey, Esquire (argued), and Michael P. Aigen, Esquire , of Lackey Hershman LLP, of Dallas, Texas, for Appellees Highland Capital Management, L.P., Highland Crusader Offshore Partners, L.P., and Highland Crusader Fund GP L.P.
Michael F. Bonkowski (argued), Esquire , of Cole Schotz Meisel Forman & Leonard, P.A., of Wilmington, Delaware, for Appellee Highland Floating Rate Advantage Fund.
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.
Supreme Court of Delaware.
RIDGELY, Justice:
Plaintiffs-Below/Appellants WaveDivision Holdings, LLC and Michigan Broadband, LLC (collectively, "Wave") entered into two exclusive agreements with third-party Millennium Digital Media Systems, LLC ("Millennium") to purchase cable television systems from Millennium. Millennium terminated the agreements and instead pursued a refinancing with its note holders and senior lenders. In a separate proceeding,...
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