United States Second Circuit

In a dispute over the payment of a contingent collateral management fee, the district court's orders denying defendant-shareholders summary judgment, granting partial summary judgment to plaintiff-portfolio manager and awarding plaintiff attorney's fees and costs, are affirmed, where: 1) the district court did not err in its use of extrinsic evidence to interpret the indenture provisions; 2) the Indenture allows for the distribution of the Contingent Fee upon an optional redemption; 3) calculation of the Fee takes into account redemption proceeds; and 4) the Fee began to accrue at the date of closing.

Appellate Information

• Decided 08/01/2013
• Published 08/01/2013

Judges

• JACOBS

Court

• United States Second Circuit

Counsel