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Litigation

: Delaware Business Litigation Report

Court Of Chancery Explains How To Interpret Indenture

By Edward M. McNally

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Concord Real Estate CDO 2006-1 Ltd  v. Bank of America N.A., C.A. 5219-VCL (May 14, 2010)

This is an intesting case even though it deals with how to interpret a complicated indenture.  As the Court explains, it will look to the commentary to the Model Debenture Indenture for guidance.  The reason is that there is a need for uniform interpretation of such documents.  It does not follow, necessarily, that the Court will accept "expert" testimony on what other contracts are supposed to mean.

Full post as published by Delaware Business Litigation Report on May 14, 2010 (boomark / email).

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