SYNECTIC VENTURES I, LLC. v. EVI CORP.

60404199; A139879 (Control), A142184.

251 P.3d 216 (2011)

241 Or. App. 550

SYNECTIC VENTURES I, LLC, an Oregon limited liability company; Synectic Ventures II, LLC, an Oregon limited liability company; and Synectic Ventures III, LLC, an Oregon limited liability company, Plaintiffs-Appellants, v. EVI CORPORATION, an Oregon corporation, dba Endovascular Instruments, Inc.; Synectic Ventures IV, LLC, an Oregon limited liability company; Synectic Ventures V, LLC, an Oregon limited liability company; and Synectic Asset Ventures, LLC, purportedly an Oregon limited liability company, Defendants-Respondents.

Court of Appeals of Oregon.

Decided March 16, 2011.


Attorney(s) appearing for the Case

Gary M. Berne , Portland, argued the cause for appellants. With him on the briefs were Mark A. Friel and Stoll Stoll Berne Lokting & Shlachter PC.

Derek D. Green , Portland, argued the cause for respondent EVI Corporation. With him on the brief were Robert D. Newell , Kevin H. Kono , and Davis Wright Tremaine LLP.

No appearance for respondents Synectic Ventures IV, LLC, Synectic Ventures V, LLC, and Synectic Asset Ventures, LLC.

Before SERCOMBE, Presiding Judge, and ARMSTRONG, Judge, and WOLLHEIM, Judge.


SERCOMBE, P.J.

These consolidated appeals involve an action by three investment funds to collect on a promissory note and foreclose on a security interest against defendant EVI Corporation (EVI) pursuant to the terms of a loan agreement. The dispute between the parties turns on whether an amendment to the loan agreement is binding on plaintiffs. The trial court entered a general judgment that dismissed plaintiffs' claims on summary judgment, concluding that the parties...

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