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STORMHARBOUR SECURITIES LP v. IIG TRADE OPPORTUNITIES FUND N.V.

650285/14, 2429A, 2429.

145 A.D.3d 497 (2016)

2016 NY Slip Op 08306

43 N.Y.S.3d 302

STORMHARBOUR SECURITIES LP, Respondent, v. IIG TRADE OPPORTUNITIES FUND N.V., Appellant.

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

Decided December 8, 2016.

Plaintiff established prima facie that the transaction that closed within the one-year (tail) period following the termination of the parties' letter agreement (Engagement Letter) was "a substantially similar transaction to the Transaction" as defined in the letter. Both the closed transaction and the defined "Transaction" consisted of more than $200 million of first-lien and second-lien financing placed with institutional investors...

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