VANSHIP HOLDINGS LIMITED v. ENERGY INFRASTRUCTURE ACQUISITION CORP.


65 A.D.3d 405 (2009)

884 N.Y.S.2d 24

VANSHIP HOLDINGS LIMITED, Respondent, v. ENERGY INFRASTRUCTURE ACQUISITION CORP., Appellant, et al., Respondent.

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

Decided August 4, 2009.


Petitioner Vanship Holdings Limited (Vanship) entered into a "Share Purchase Agreement" (the SPA) with respondent Energy Infrastructure Acquisition Corp. (EIAC) and nonparty Energy Infrastructure Merger Corp. (Merger Corp.). The SPA provided for EIAC to purchase nine large crude oil carriers from Vanship.

EIAC is a special purpose acquisition company, a shell entity whose raison d'être is to acquire another company. Before EIAC had identified a target, it held...

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