Legal Opinion
Silver Point Finance, LLC v. Deutsche Bank Trust CompanyAmericas (In re K-V Discovery Solutions, Inc.)
United States Bankruptcy Court, S.D. New York
Decided August 27, 2013No. Case No. 12-13346 (ALG) (Jointly Administered); Adv. Pro. No. 13-1381 (ALG)PublishedCited by 2 opinions
1Opinion of the Court
Chapter 11
CORRECTED MEMORANDUM DECISION AND ORDER
Allan L. Gropper, UNITED STATES BANKRUPTCY JUDGE
FACTS
The Principal Indenture Provisions at Issue
On May 16, 2003, K-V Pharmaceutical Company (“KV”) issued $200 million of *3322.5% Contingent Convertible Subordinated Notes due 2033 (the “Convertible Notes”) pursuant to an indenture, dated as of May 16, 2003 (the “Convertible Notes Indenture”) with Deutsche Bank Trust Company Americas, as trustee. (Def. Ex. 1, Convert. Indent.) The Convertible Notes Indenture is governed by New York law. (Convert. Indent., § 12.09).
Section 11.01 of the Convertible…
2Cases cited13 opinions
- Brooke Group Ltd. v. JCH Syndicate 488New York Court of Appeals · 1996
- LaSalle Bank National Ass'n ex rel. Certificateholders of Asset Securitization Corp. Commercial Mortgage Pass-Through CertificatesCourt of Appeals for the Second Circuit · 2005
- Spear, Leeds & Kellogg v. Central Life Assurance Company, Alexander Hamilton Life Insurance Company of America, Inc., Canada Life Assurance Co.Court of Appeals for the Second Circuit · 1996
- HSBC Bank USA v. Bank of New EnglandCourt of Appeals for the First Circuit · 2004
- In the Matter of Time Sales Finance Corporation and Its Wholly Owned Subsidiary Corporations, Debtors. Appeal of Central Penn National BankCourt of Appeals for the Third Circuit · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- U.S. Bank National Ass'n v. T.D. Bank, N.A.District Court, S.D. New York · 2017
- UMB Bank N.A. v. Asbury Communities, Inc.District Court, N.D. Oklahoma · 2021