The CBOs' claim that Cohen PDC violated the 2002 Operating Agreement by failing to (i) "deposit actual `funds' as its shortfall deposit," (ii) "ensure that BDO calculated the buy/sell amount properly," (iii) "submit a Business Plan, Capital Budget, or Operating Budget for ... 2003," (iv) "obtain Executive Committee approval before making `major decisions,'" or (v) "obtain Executive Committee approval to request shortfall contributions from [the CBOs]" is belied by the factual...
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