Search for: "Principle Equity LLC"
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22 May 2016, 6:39 am
Unlike many other states’ statutes, Delaware’s LLC statute purports to “give maximum effect to the principle of freedom of contract and to the enforceability of [LLC] agreements. [read post]
20 Sep 2018, 2:17 pm
Other Highlights: An essential point in the court’s analysis is that if an LLC Agreement and the LLC Act do not address an issue, then Section 18-1104 of the Delaware LLC Act reverts to equity and rules of law for resolution. [read post]
24 Dec 2023, 11:00 am
These principles form the foundation of a defense for corporate officers and directors in Illinois. [read post]
7 Nov 2010, 2:29 pm
Plaintiff creditor, neither a member nor an assignee, argued that the court should borrow principles from Delaware corporate law. [read post]
27 Dec 2013, 4:54 pm
Brief Overview: This pithy and useful opinion analyzes the terms of an LLC agreement in light of the well-settled principle that Delaware LLC law is based on a contractarian view that the parties can agree to almost anything in an LLC agreement, and can waive rights to almost anything, with limited exceptions such as the inability to waive the covenant of good faith and fair dealing. [read post]
7 Nov 2011, 12:32 am
Practice point: The holder of a note and mortgage may proceed at law to recover on the note or proceed in equity to foreclose on the mortgage, but must elect only one of these remedies, pursuant to RPAPL 1301.Student note: RPAPL 1301(1) codifies the equitable principle that once a remedy at law has been resorted to, it must be exercised to exhaustion before a remedy in equity, such as foreclosure, may be sought.Case: Aurora Loan Servs., LLC v. [read post]
5 Aug 2015, 2:06 pm
Diehl was accused of bypassing firm policy in order to sell equity indexed annuities (“EIAs”) while a registered representative of Park Avenue Securities LLC. [read post]
29 Apr 2018, 6:36 pm
Brief Background The factual background of this case involves members of an LLC whose equity was subject to a call, which the company made. [read post]
9 Oct 2022, 6:23 pm
This Court of Chancery decision importantly notes that the Delaware LLC Act recognizes that principles of equity apply in the LLC context. [read post]
12 Apr 2020, 6:39 pm
The petitioner, SolarReserve CSP Holdings LLC (“SolarReserve”), was not a member or manager of Tonopah, but held an indirect equity interest in Tonopah through several intermediary entities. [read post]
28 Dec 2022, 6:06 pm
Highlights The court’s analysis, with application of supporting caselaw on pages 23 and 24, includes many basic principles of widespread applicability such as the following: “It is the very nature of equity to look beyond form to the substance of an arrangement. [read post]
28 May 2018, 7:05 pm
In Eagle Force Holdings, LLC v. [read post]
5 Jul 2021, 4:05 pm
Another variation on this bedrock principle of Delaware law is that corporate actions must be twice-tested: once by the law and again by equity. [read post]
4 May 2020, 12:16 am
The investment was not in a private equity firm. [read post]
20 Mar 2019, 8:43 am
What is a California LLC? [read post]
8 Jun 2023, 8:00 am
LLC, 55 F.4th 1155 (8th Cir. 2022). [read post]
18 Sep 2023, 6:37 pm
The high court also provided a primer on basic Delaware law regarding contract interpretation principles. [read post]
5 Nov 2019, 3:36 am
Interval Licensing LLC v. [read post]
19 Feb 2018, 3:22 am
” Context in the LLC Law and Elsewhere Three principles made the phenomenon of LLC equitable buyouts potentially improbable. [read post]
31 Jan 2012, 12:52 pm
See also Section 18-1104 of the LLC Act which provides that: “In any case not provided for in this chapter, the rules of law and equity . . . shall govern and underlying rules of law and equity shall govern. [read post]
