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Friday, May 08, 2020 10:32:57 AM
"Here, Cabaret’s duty, pre- and post-assignment is to pay money. And while Cabaret bemoans that “every party with an interest in the Gilead payments has agreed [to] protections, such as an indemnity or escrow,” Cabaret Opp. Br. at 17, Cabaret fails to identify where in the Tripartite Agreement such protection exists. Contract rights are not subject to a popularity test. Nor is it relevant that ANI allegedly sought unrelated concessions from Cabaret as a precondition to entering any protective agreement.6 Whether ANI’s behavior was overly aggressive or discourteous is not for the Court to say. What is for the Court to say is that Cabaret points to no legal authority that entitles an obligor to void the obligee’s assignment of rights simply because the obligor finds the new assignee to be annoying."
Pretty brutal.
It was dated April 26, pushing two weeks out--Did I miss a public statement?
RG
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