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Kirschner v. Cade et al

Docket 0:20-cv-60343, Florida Southern District Court (Feb. 14, 2020)
Judge Rodney Smith, presiding
Statutory Actions - Other
05/29/2020
05/29/2020 33 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Pentwater Capital Management LP (Gurland, Harvey) (Entered: 05...
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No. 1 COMPLAINT and Demand for Jury Trial against All Defendants

Document Kirschner v. Cade et al, 0:20-cv-60343, No. 1 (S.D.Fla. Feb. 14, 2020)
Motion for Jury Trial
None of the component transactions would have occurred on its own.
(The Term Loans and ABL are referred to herein as the “LBO Debt.”) NWHI incurred the obligation to repay the LBO Debt, but it received none of the benefit, as all of the proceeds went directly to Jones Group’s former shareholders ...
Each of those steps depended on the consummation of the others, and none of the steps would have occurred without the occurrence of all the other steps.
Thus, until at least August 2017, none of the controlling persons of the corporation, before or after the Merger, could be expected to cause it to bring an action for breach of fiduciary duty against any of the wrongdoing Directors and ...
NWHI did not receive, and none of the Shareholder Defendants gave, fair consideration or reasonably equivalent value in exchange for these Shareholder Transfers. 186.
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