NESS TECHNOLOGIES S.A.R.L. v. PACTERA TECHNOLOGY INERNATIONAL LIMITED

9764, 657241/17.

173 A.D.3d 635 (2019)

2019 NY Slip Op 05212

NESS Technologies S.A.R.L. et al., Respondents, v. Pactera Technology International Limited, Appellant, et al., Defendants.

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

Decided June 27, 2019.


Assuming arguendo that section 10.02(b)(ii) of the Stock Purchase Agreement creates a condition precedent, once the Outside Date of October 27, 2017 had passed, plaintiff had terminated the agreement and defendant had not obtained approval from the Committee on Foreign Investment in the United States (CFIUS) for the purchase, neither specific performance nor an injunction would have remedied defendant's breach.

The complaint...

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