OFSI Fund II, LLC v. Canadian Imperial Bank of Commerce
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*538Sections 9.6, 10.6, and 10.14 of the credit and note agreements are unambiguous. Therefore, we do not consider the affidavit of plaintiff Orchard First Source Capital, Inc.’s managing director about industry custom (see e.g. Greenfield v Philles Records, 98 NY2d 562, 569 [2002]). Read together, the above-cited sections show that Canadian Imperial Bank of Commerce, as administrative and collateral agent, did not breach the agreements by releasing a lien on collateral that was the subject of a sale; the requisite lenders had consented to such sale. We decline to consider plaintiffs’ contention…
2Cases cited11 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- North American Catholic Educational Programming Foundation, Inc. v. GheewallaSupreme Court of Delaware · 2007
- Trenwick America Litigation Trust v. BillettSupreme Court of Delaware · 2007
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- Mohinani v. CharneyAppellate Division of the Supreme Court of the State of New York · 2022
- Mohinani v. CharneyAppellate Division of the Supreme Court of the State of New York · 2022
7 more not listed; retrieve them via the Exa API.