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27 Dec 2022, 4:24 am
That restraint is consistent with cases like First Equity Realty v The Harmony Group II, 2022 NY Slip Op 30674(U) (Sup Ct, New York County Mar. 3, 2022) (d [read post]
29 Aug 2019, 6:42 pm
Nuveen LLC, C.A. [read post]
18 Jan 2021, 10:48 am
It is a principle of equity, which generally describes principles of inherent justice. [read post]
18 Feb 2013, 11:03 pm
” The winding up and liquidation mechanism selected by the court thus derives not from the LLC agreement but from the court’s “discretion to exercise principles of equity” for which Justice Demarest found support in Lyons v. [read post]
17 Mar 2008, 11:45 am
Equity Analytics, LLC v. [read post]
7 Nov 2010, 5:46 am
Sept. 2, 2010)(referring to Chancery's "general equity powers" as a basis to have a receiver appointed for an LLC) Conclusion In addition to the foregoing reasons, the Court concluded the justification for its holding by noting that the result "fulfills the contractarian spirit" of the LLC Act. [read post]
6 Apr 2011, 11:28 am
The equity tranche is at the bottom of the capital structure and the most risky, but has the potential for the highest payout. [read post]
13 Oct 2011, 10:46 am
The trial court held that although Indiana statutory and case law provides that the mortgages should have priority over the later-recorded mechanic’s lien, the mechanic’s lien has priority over the mortgages pursuant to principles of equity and on public policy grounds. [read post]
30 Apr 2018, 3:25 am
The same principle applies when a receiver is in charge. [read post]
21 Apr 2009, 12:41 pm
At the center of this layered structure was PKI and its sole equity holder, Nevis. [read post]
4 May 2011, 11:13 am
AT&T Mobility LLC, 584 F. 3d 849, 855 (2009). [read post]
8 Jul 2014, 7:21 am
One of the 'traditional principles of equity' is that 'he who comes into equity must come with clean hands'. 'This maxim necessarily gives wide range to the equity court’s use of discretion in refusing to aid the unclean litigant.' '"[U]nclean hands" really just means that . . . the plaintiff’s fault, like the defendant’s, may be relevant to the question of what if any remedy the plaintiff is entitled… [read post]
23 Nov 2015, 3:21 am
The plaintiff disavowed any intention, desire, or grounds to dissolve the LLCs and argued that the partnership rule reflected in Gramercy Equities does not apply to LLCs. [read post]
8 Feb 2021, 4:00 pm
On November 21, 2016, Schochet and Wilhelm notified Farro that, on November 16, 2016, they approved a merger of LMEG Wireless, LLC with LMEG Acquisition, LLC—under LLC Law §§ 447 and 1002—without any involvement from Farro, and they offered compensation for his interests under those statutes. [read post]
7 Feb 2013, 10:36 am
In addition, the regulations do not apply to compensatory partnership options or to options issued by single-member LLCs or other disregarded entities (as to which, in each case, different tax principles apply). [read post]
3 Apr 2018, 7:53 am
NCM Group Holdings, LLC, C.A. [read post]
26 May 2015, 11:32 am
Lastly, LPL failed to comply with Rule 204 of Regulation SHO, which requires a firm that has a fail-to-deliver position at a registered clearing agency in any equity security for a long or short sale transaction in that equity security to close out its fail-to-deliver position by borrowing or purchasing securities of like kind or quality. [read post]
14 Apr 2015, 4:50 pm
Two days prior to The Wall Street Journal’s report, on March 30, 2015, the SEC’s Enforcement Division commenced public administrative and cease and desist proceedings against private equity investment adviser Lynn Tilton (Tilton), Patriarch Partners, LLC, Patriarch Partners VIII, LLC, Patriarch Partners XIV, LLC and Patriarch Partners XV, LLC (collectively, Patriarch). [read post]
13 Feb 2012, 3:00 am
" The court's resulting construction creates a coherent interplay between traditional equity principles, statute, and the LLC agreement. [read post]
9 Oct 2023, 4:22 am
Imagine devoting years of costly litigation to rescinding a $1 million equity investment in an LLC for fraudulent inducement, prevailing on the merits by clear and convincing evidence after a full trial, but losing anyway because you named the wrong defendant. [read post]
