United States Second Circuit

In an action for breach of contract, unjust enrichment, and tortious interference with contract based on defendant's refusal to allow certain of its noteholders to convert their notes to cash and stock following the acquisition of defendant, dismissal of the complaint is affirmed where, under the express terms of the indenture agreement, the acquirer was not a "Public Acquirer" because its securities that were traded on the New York Stock Exchange were not its ordinary shares.

Appellate Information

• Argued 11/20/2009
• Decided 02/19/2010
• Published 02/19/2010

Judges

• KEARSE, Circuit Judge:, Before KEARSE, KATZMANN, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Philip C. Korologos, New York, N.Y. (Eric Brenner, Boies, Schiller & Flexner, New York, NY, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Richard J. Urowsky, New York, N.Y. (Sergio J. Galvis, Stephanie G. Wheeler, Sullivan & Cromwell, New York, NY, on the brief), for Defendants-Appellees.