Swartz Investments, LLC v. Vion Pharmaceuticals, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Pope, Presiding Judge.
In June 1997, Swartz Investments, LLC entered into a letter of agreement in which it agreed to assist Vion Pharmaceuticals, Inc. with a private placement to raise financing for Vion. By the end of August 1997, Swartz and Vion were able to raise $4,850,000 in financing from a number of investors. In connection with that financing, the parties signed a Placement Agent Agreement, containing a “Non-Circumvention & Confidentiality of Proprietary Agent Information” clause.
The “Non-Circumvention” clause can be read in two parts. The first part prohibits Vion for a five-year…
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