Legal Opinion
Whitebox Convertible Arbitrage Partners, L.P. v. IVAX Corp.
Court of Appeals for the Eighth Circuit
Decided April 6, 2007No. 06-2622PublishedCited by 4 opinions
1Opinion of the Court
SMITH, Circuit Judge.
Appellants, a collection of partnerships and a unit trust (collectively referred to as “Whitebox”), filed suit against IVAX Corporation (“IVAX”), for breach of contract over IVAX’s refusal to pay Whitebox a “make-whole” premium that Whitebox alleged it was owed under an indenture. The district court 1 determined that White-box was not entitled to the make-whole premium and dismissed the complaint, with prejudice, for failure to state a claim. We affirm.
I. Background
In May 2005, pursuant to an indenture, IVAX issued $350 million of convertible notes that were to mature in…
2Cases cited5 opinions
- Laba v. CareyNew York Court of Appeals · 1971
- Brooke Group Ltd. v. JCH Syndicate 488New York Court of Appeals · 1996
- 151 West Associates v. Printsiples Fabric Corp.New York Court of Appeals · 1984
- Ripplin Shoals Land Company, Llc v. United States Army Corps Of EngineersCourt of Appeals for the Eighth Circuit · 2006
- Energy Transport, Ltd. v. M v. San SebastianDistrict Court, S.D. New York · 2004
3Cited by4 opinions
- Bank of New York Mellon v. Realogy Corp.Court of Chancery of Delaware · 2008
- UnitedHealth Group Inc. v. Wilmington Trust Co.District Court, D. Minnesota · 2008
- Rosati v. KernanCourt of Appeals for the Ninth Circuit · 2008
- Whitebox Convertible Arbitrage Partners, L.P. v. Ivax CorporationCourt of Appeals for the Eighth Circuit · 2007