HUNTSMAN INTERNATIONAL LLC v. ALBEMARLE CORP.

7051N. 650672/17.

163 A.D.3d 420 (2018)

80 N.Y.S.3d 41

2018 NY Slip Op 04962

Huntsman International LLC, Appellant, v. Albemarle Corporation et al., Respondents.

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

Decided July 3, 2018.


Plaintiff and defendant Rockwood Specialties Group, Inc. entered into a stock purchase agreement (SPA) pursuant to which plaintiff bought Rockwood's color pigments business, including its "Bluebird" technology and several plants, including one located in Augusta, Georgia. Section 4.27 of the SPA sets forth the parties' rights and obligations with respect to the Augusta facility preceding the facility's successful completion of a "Performance Test." Subsection (f) requires...

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