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CONDOR CAPITAL CORP. v. CALS INVS., LLC

10890, 652700/17.

179 A.D.3d 592 (2020)

2020 NY Slip Op 00536

Condor Capital Corp., Appellant, v. CALS Investors, LLC, Respondent, et al., Defendants.

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

Decided January 28, 2020.

The parties' contract defines MOIC Target as 115% of the Target. In turn, Target is defined as the Closing Cash Purchase Price; the parties agree that the Closing Cash Purchase Price was $64,464,497.

Plaintiff contends that the MOIC Target should be 115% of $20,389,153.90 because that is the amount defendant actually invested, and MOIC means multiple of invested capital. However, "a written agreement that is complete...

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