RIMROCK HIGH INCOME PLUS (MASTER) FUND, LTD. v. AVANTI COMMUNICATIONS GROUP PLC

5457, 652338/17.

157 A.D.3d 543 (2018)

69 N.Y.S.3d 287

2018 NY Slip Op 00257

RIMROCK HIGH INCOME PLUS (MASTER) FUND, LTD., et al., Appellants, v. AVANTI COMMUNICATIONS GROUP PLC et al., Respondents.

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

Decided January 16, 2018.


Plaintiffs, holders of certain notes, claim that defendants breached an indenture issued by defendant Avanti Communications Group PLC. The indenture contains a "no action" clause, which provides that no noteholder may pursue any remedy with respect to the indenture or notes unless certain specified conditions are met.

Plaintiffs failed to comply with the no action clause, and thus lack standing to pursue their claims (Quadrant Structured Prods. Co., Ltd. v Vertin...

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