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UMB BANK v. NEIMAN MARCUS

654509/2019.

68 Misc.3d 977 (2020)

128 N.Y.S.3d 832

2020 NY Slip Op 20170

UMB BANK, N.A., as Trustee for the 8% SENIOR CASH PAY NOTES DUE 2021 and for the 8.75%/9.5% SENIOR PIK TOGGLE NOTES DUE 2021, Plaintiff, v. NEIMAN MARCUS GROUP, INC., et al., Defendants.

Supreme Court, New York County.

Decided July 16, 2020.

Attorney(s) appearing for the Case

Milbank LLP for Ares Partners Holdco LLC and others, defendants.

Kirkland & Ellis LLP for Neiman Marcus Group, Inc., and others, defendants.

Selendy & Gay PLLC for plaintiff.

Foley & Lardner LLP for American Bankers Association, amicus curiae.

Patterson Belknap Webb & Tyler LLP for The Credit Roundtable, amicus curiae.

OPINION OF THE COURT

Defendants Ares Partners Holdco LLC, ACOF Operating Manager III, LLC, ACOF Operating Manager IV, LLC, Ares Corporate Opportunities Fund III, L.P., Ares Corporate Opportunities Fund IV, L.P., and ACOF Mariposa Holdings LLC (collectively, Ares) move to dismiss the complaint based on, among other...

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