Tuesday, September 24, 2013 8:54:25 PM
In short, the undisputed evidence is that 350 Green and the
350 Members considered the Exchange Agreement to have “expired”
as of the close of business on March 22, 2013, and CCGI offers no
reason—legal or factual—why 350 Green could not enter into a
valid agreement to sell the Chicago Assets thereafter.
Equally misguided—even farther afield, in fact—is CCGI’s
argument that JNS could not validly agree to purchase the Chicago
Assets because it knew about the Exchange Agreement...
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