EDGEWATER, GROWTH CAPITAL PARTNERS, L.P. v. ALLIED CAPITAL CORP.

2348, 600919/08, 2349.

75 A.D.3d 458 (2010)

907 N.Y.S.2d 470

EDGEWATER, GROWTH CAPITAL PARTNERS, L.P., Appellant-Respondent, v. ALLIED CAPITAL CORP. et al., Respondents-Appellants.

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

Decided July 13, 2010.


Plaintiff and defendants are junior lenders under a credit agreement dated as of January 3, 2006. Pursuant to section 15.12 of the credit agreement, the agent for the junior lenders, defendant Allied Capital Corp. (Allied), could not release any liens that affected or impaired the borrower's obligations.

The court properly dismissed plaintiff's first cause of action alleging that defendants breached section 15.12 of the credit agreement by releasing all or substantially...

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