Matter of TBA Global, LLC v. Fidus Partners, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.P.
Petitioner acquired a failing business pursuant to an asset purchase agreement that specifically excludes from the assets and liabilities being transferred to the buyer any “brokerage or finders’ fees ... or other similar payments” owed by the seller. The asset purchase agreement further specifically provides that the seller and the buyer will each bear its own “Transaction Costs,” which are defined to “includ[e] the fees, costs and expenses of. . . financial advisors.” At issue on this appeal is whether, notwithstanding the foregoing express and specific…
2Cases cited14 opinions
- Schumacher v. Richards Shear Co.New York Court of Appeals · 1983
- Greene v. HellmanNew York Court of Appeals · 1980
- Muzak Corp. v. Hotel Taft Corp.New York Court of Appeals · 1956
- TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
- Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
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- KIND Operations Inc. v. AUA Private Equity Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2023
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