Fulbright & Jaworski L.L.P., Los Angeles, CA ( Robert E. Darbs of the California bar, admitted pro hac vice, of counsel), and Fulbright & Jaworski L.L.P., New York City ( James H. Neale of counsel), for Tap Automotive Holdings, LLC, appellant.
SAXE, MOSKOWITZ and MANZANET-DANIELS, JJ., concur.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
MAZZARELLI, J.P.
The defendants in this action, other than defendant Tap Automotive Holdings, LLP, are a group of lenders* (the Senior Lenders) that extended loans, primarily via a "Senior Secured Credit Facility," to nonparty Tap Operating Company, LLC (Tap), in connection with Tap's acquisition of an automotive company. The arrangement provided, among other things, for the Senior Lenders to take a security...
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