BDCM FUND ADVISER, LLC v. ZENNI

602116/08, 1640, 1639.

140 A.D.3d 671 (2016)

33 N.Y.S.3d 730

2016 NY Slip Op 05239

BDCM FUND ADVISER, LLC, Formerly Known as BLACK DIAMOND CAPITAL MANAGEMENT, et al., Respondents-Appellants, v. JAMES J. ZENNI, JR., et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2016.


There is sufficient testimonial and documentary evidence in the record to support the special referee's finding that counterclaim defendants offered a "cash value exchange" to investors based on reducing the PTC equity value ($376.4 million) by the 15% holdback amount from a proposed acquisition ($60 million) to reach a cash buyout equity value of $316.4 million and a per share price of $140.387.

The court correctly found that counterclaim plaintiff Zenni is entitled...

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