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CWCAPITAL INVESTMENTS LLC v. CWCAPITAL COBALT VR LTD.

11110.

182 A.D.3d 448 (2020)

122 N.Y.S.3d 595

2020 NY Slip Op 02240

CWCapital Investments LLC et al., Respondents, v. CWCapital Cobalt VR Ltd. et al., Appellants, et al., Defendants.

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

Decided April 9, 2020.

This action involves a 2007 collateralized debt obligation (CDO) in which various classes of notes were issued by defendant CWCapital Cobalt VR Ltd. (Cobalt). The transaction is governed by an indenture and a collateral management agreement (CMA). Under the CMA, plaintiff CWCapital Investments LLC (CWCI) was named as collateral manager and appointed as Cobalt's "exclusive agent" to provide Cobalt with certain services, including exercising the right to appoint or act as the...

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