Supreme Court of Delaware

In an action for breach of contract pursuant to a Loan and Security Agreement, the dismissal of the complaint is affirmed where: 1) the Superior Court properly held that any alleged failure by defendant to advance funds in amounts above $5,599,854.00, was not actionable, because defendant had the right to withhold its consent; and 2) defendant's calculations on a spreadsheet could not, as a matter of law, constitute the written consent required by the Agreement.

Appellate Information

• Decided 10/28/2010
• Published 11/12/2010

Judges

• E. Randy Holland

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Richard D. Allen, James D. Taylor, Jr.