Plaintiffs, noteholders under a trust indenture, commenced this action to recover hundreds of millions of dollars in losses they allege were caused by defendant, the Bank of New York Mellon, in its capacity as indenture trustee. Defendant is correct that plaintiffs may not challenge the 2007 intercreditor agreement in the instant action because the settlement agreement states, "Upon the occurrence of the Payment Date, the 2015 Notes Trustee will waive, with prejudice,
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ARROWGRASS MASTER FUND LTD. v. THE BANK OF N.Y. MELLON
9402, 651497/10.
106 A.D.3d 582 (2013)
965 N.Y.S.2d 473
2013 NY Slip Op 3620
ARROWGRASS MASTER FUND LTD. et al., Respondents-Appellants, v. THE BANK OF NEW YORK MELLON, Appellant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 21, 2013.
Decided May 21, 2013.
Appellate Division of the Supreme Court of New York, First Department.
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