Representative Matters

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Client: Private Equity Junior Capital Lender
Successfully represented one of the premier junior capital providers in the U.S. in its enforcement of a put-right provision obligating a corporation to redeem the client's shares of Series A Preferred Stock.

Client moved for summary judgment arguing that under the plain and unambiguous language of the defendant's articles of incorporation, the defendant breached the articles by failing and refusing to effectuate the client's put right by purchasing client's shares of Series A Preferred Stock. Following briefing and oral argument, the judge advised, from the bench, that he was inclined to rule in client's favor. As a result, defendant was forced to settle the matter, execute a consent judgment and make certain payments to client in redemption of the Series A Preferred Stock.