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GEM HOLDCO, LLC v. RDX TECHNOLOGIES CORP.

653694/15. 7890. 7889.

167 A.D.3d 491 (2018)

89 N.Y.S.3d 170

2018 NY Slip Op 08564

GEM Holdco, LLC, et al., Respondents, v. RDX Technologies Corp. et al., Appellants.

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

Decided December 13, 2018.

Pursuant to a settlement agreement resolving GEM's claims against defendants in a prior action, defendant RDX Technologies Corp. was to make certain installment payments to GEM. The agreement provided that its terms were "subject to and expressly conditioned upon final approval by the Toronto Venture Exchange (the `Exchange') within three business days of the full execution of this Agreement" and that, if such approval was not received by RDX "within three business days of...

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