Extract to table
Pull the structured facts out of a document: parties, dates, amounts, obligations.
Extract to table / research-memo-liability-cap-fraud.docx
research-memo-liability-cap-fraud.docx
Parties
HARKNESS LLP
Ironside Capital Management LP
Vantor Holdings Corp
Ironside Credit Opportunities Fund LP
Ironside Structured Alpha Fund LP
Ironside Special Situations Fund LP
Associates LLC
Meridian Investor Services LLC
Dates
November 20, 2023
June 15, 2017
March 1, 2019
June 10, 2022
June 14, 2022
March 31, 2021
September 30, 2023
July 14, 2021
July 16, 2021
October 3, 2023
Amounts
$1.49
$2.98
$287
$382
$156.4
$88.7
$41.9
$52.3
$43.2
$2.8
Obligations
3 provides that any disputes arising under or in connection with the FAA shall be resolved in the Supreme Court of the State of New York, New York County, and both parties irrevocably waive their respective rights to a trial by jury
4 provides that in any action or proceeding to enforce any provision of the FAA, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and disbursements from the non-prevailing party
It provides only that Vantor's "aggregate liability" shall not exceed the stated cap
The Court held that where two provisions of a contract appear to conflict, courts must harmonize them, if possible, to give effect to both — and that where harmonization is not possible, the more specific provision controls over the more general