EMA Financial, LLC v. nFUSZ, Inc., No. 1:2018cv03634 - Document 127 (S.D.N.Y. 2021)
Court Description: ORDER AND FINAL JUDGMENT: NOW, upon all prior proceedings herein, it is hereby: ORDERED AND ADJUDGED, that, as set forth in the Courts March 16, 2020 Memorandum and Order and in accordance with defendant's Fourth Counterclaim for reformation, the cashless exercise formula set forth in Section 2(c) of the December 5, 2017 and January 11, 2018 Warrants is hereby reformed so that the Section 2(c) formula, previously stated as "dividing [(A-B)(X)] by (B)" is reformed to "dividing [(A-B)(X)] by (A)"; and it is further ORDERED AND ADJUDGED, that, pursuant to plaintiffs First Cause of Action in the operative Complaint, judgment is hereby entered in favor of plaintiff on ly as to the 467,836 shares due under the reformed cashless exercise formula in the amount of $463,571.98, of which $462,565.78 is comprised of compensatory damage ($389,7 07.39) plus, pursuant to Nev. Rev. Stat. § 99.040, prejudgment interest through January 3, 2021 ($72,858.39), plus $55.90 per diem interest for each day thereafter through the date of the entry of t his Judgment ($1,006.20); and it is further ORDERED AND ADJUDGED that plaintiff is entitled to post-judgment interest pursuant to 28 U.S.C. § 1961 accruing at the statutory rate from the date hereof; and it is further ORDERED A ND ADJUDGED, that each remaining claim and counterclaim in this action is hereby dismissed; and it is further ORDERED that the Clerk of the Court shall enter this Judgment and terminate the case. So Ordered (Signed by Judge Naomi Reice Buchwald on 1/21/2021) (js)
News 
Market Data 
Discover 
