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CHASE MANHATTAN BANK v. IRIDIUM AFRICA CORP.

No. CIV.A. 00-564-JJF.

474 F.Supp.2d 613 (2007)

THE CHASE MANHATTAN BANK, as collateral agent, Plaintiff, v. IRIDIUM AFRICA CORPORATION, et al., Defendants.

United States District Court, D. Delaware.

February 16, 2007.

Attorney(s) appearing for the Case

Barry R. Ostrager, Esquire; Mary Kay Vyskocil, Esquire; David J. Won, Esquire and Linda H. Martin, Esquire of Simpson Thacher & Bartlett LLP, New York, NY, Regina A. Iorii, Esquire and Stephen E. Jenkins, Esquire of Ashby & Geddes, Wilmington, for Plaintiff The Chase Manhattan Bank, as Collateral Agent.

William J. Mardsen, Esquire of Fish & Richardson, Wilmington, for Defendants Iridium Africa Corporation, Iridium Middle East Corporation, Khrunichev State Research and Production Space Center.

Katherine J. Neikirk, Esquire and P. Clarkson Collins, Jr., Esquire of Morris, James, Hitchens, & Williams, Wilmington, for Defendants Nippon Iridium (Bermuda) Limited.

Jonathan L. Parshall, Esquire of Murphy, Spadaro, & Landon, Wilmington, for Defendant Pacific Electric Wire & Cable Co.

Victor F. Battaglia, Sr., Esquire of Biggs & Battaglia, Wilmington, for Defendant Sprint Iridium, Inc.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court in this action are several "open issues" including: (1) whether The Chase Manhattan Bank, now known as JPMorgan Chase Bank ("Chase"), is entitled to attorneys' fees; (2) whether the defenses pleaded by Defendants are barred by application of the Court's decision on the waiver provision of the LLC Agreement; and (3) the status of Chase's alternative theories of recovery, in light of...

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