FR EA

Contract analysis

Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.

Contract analysis / proposed-order-confirming-award.docx
proposed-order-confirming-award.docx
1032-00002 · 8 clauses
High · 1 Medium · 4 Standard · 1
I. Confirmation of the Arbitration Award Medium
⚑ Forum / governing law
I. Confirmation of the Arbitration Award IT IS HEREBY ORDERED that the Final Award dated August 22, 2025, issued unanimously by the AAA/ICDR Tribunal in Case No. 01-24-0003917, is CONFIRMED in its entirety pursuant to Section 9 of the Federal Arbitration Act, 9 U.S.C. § 9. The Court finds that the Award was made pursuant to a valid and enforceable arbitration agreement, that the Tribunal was properly constituted and
II. Denial of Cross-Motion to Vacate Medium
⚑ Liability cap to check against exposure
II. Denial of Cross-Motion to Vacate IT IS FURTHER ORDERED that any and all cross-motions by Respondents Meridian Dynamics Inc. and Derek Calloway to vacate the Award under 9 U.S.C. § 10 are hereby DENIED. The Court has carefully considered each of the grounds for vacatur asserted by Respondents, including but not limited to the asserted grounds of evident partiality of the arbitrators under 9 U.S.C. § 10(a)(2) and t
III. Entry of Judgment
III. Entry of Judgment IT IS FURTHER ORDERED that JUDGMENT is hereby entered in favor of Petitioner Halcyon Semiconductor AG and against Respondents Meridian Dynamics Inc. and Derek Calloway, jointly and severally to the extent set forth herein, as follows:
1. Total Award Against Meridian Dynamics Inc. Judgment is entered against Respondent Merid Medium
⚑ Forum / governing law
1. Total Award Against Meridian Dynamics Inc. Judgment is entered against Respondent Meridian Dynamics Inc. in the total principal amount of Forty-Seven Million Three Hundred Thousand Dollars ($47,300,000.00), comprising the following categories of damages and costs as determined by the Tribunal in the Award: (a) $31,800,000.00 in lost-profits damages for the remaining unexpired 2.8-year term of the Distribution Agre
2. Joint and Several Liability of Derek Calloway; Personal Guaranty Cap. Judgment is enter High
⚑ Indemnity / guarantee obligation
2. Joint and Several Liability of Derek Calloway; Personal Guaranty Cap. Judgment is entered against Respondent Derek Calloway, jointly and severally with Respondent Meridian Dynamics Inc., pursuant to the personal guaranty of payment and performance set forth in Section 12.4 of the Distribution Agreement; provided, however, that Calloway's aggregate personal liability under this Judgment shall not exceed Ten Million
3. Post-Award Interest. The Judgment shall bear post-award interest at the rate of ten per
3. Post-Award Interest. The Judgment shall bear post-award interest at the rate of ten percent (10%) per annum pursuant to California Civil Code § 3289, accruing from August 22, 2025 (the date of issuance of the Final Award) and continuing until the date of payment in full. Interest shall be calculated on a simple-interest basis on the outstanding principal balance of the Judgment as reduced by any partial payments.
4. Costs of This Confirmation Proceeding. Respondents Meridian Dynamics Inc. and Derek Cal Standard
⚑ Commercial term
4. Costs of This Confirmation Proceeding. Respondents Meridian Dynamics Inc. and Derek Calloway, jointly and severally, shall pay Petitioner Halcyon Semiconductor AG's taxable costs incurred in connection with this confirmation proceeding, including filing fees, service of process costs, and any other costs recoverable under law, in an amount to be determined by the Court upon submission of a bill of costs by Petitio
IV. Enforcement Medium
⚑ Liability cap to check against exposure
IV. Enforcement This Judgment may be enforced in the same manner as any other final judgment entered in a civil action in this Court, including but not limited to writs of execution, garnishment, attachment, liens, receivership, charging orders, and any and all other post-judgment remedies available under the Federal Rules of Civil Procedure, the laws of the United States, and the laws of the State of California. Not