Examples of Intercompany Agreements in a sentence
Except as set forth in Section 2.2(b), FTAI, on behalf of itself and each of the other members of the FTAI Group, and FTAI Infrastructure, on behalf of itself and each of the other members of the FTAI Infrastructure Group, hereby terminate, effective as of the Effective Time, any and all Intercompany Agreements.
Except as set forth in Section 2.4(b), Ensign, on behalf of itself and each of the other members of the Ensign Group, and Pennant, on behalf of itself and each of the other members of the Pennant Group, hereby terminate, effective as of the Effective Time, any and all Intercompany Agreements.
The fact that the predictions have materialized—the Revolving Note balance has increased and iHC’s financial condition has worsened—reflects a continuation of the “common nucleus of operative facts” that were at the heart of the 2012 Litigation, not a separate transaction for purposes of res judicata.62 Consequently, GAMCO’s claims regarding the Revolving Note and Intercompany Agreements (Counts I & II) are barred by res judicata.
GAMCO Has Not Pled an Actionable Breach of Fiduciary Duty Claim With Respect to the Intercompany Agreements As noted, GAMCO has not alleged that iHC is in default on the Revolving Note or that the INC or the CCOH Board have failed to implement or honor the forward-looking elements of the 2013 Settlement.
To understand why, it is helpful to focus again on precisely what the CCOH Board was confronting in 2013 with respect to the Intercompany Agreements, and what it has been confronting ever since.