Marblegate Asset Management, L.L.C. et al v. Education Management Corporation et al
||Marblegate Asset Management, L.L.C., Marbelgate Special Opportuinities Master Fund, L.P., Magnolia Road Capital L.P. and Magnolia Road Global Credit Master Fund L.P.
||Education Management Corporation, Education Management L.L.C. and Education Management Finance Corp.
||Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management
||October 28, 2014
||US District Court for the Southern District of New York
||Foley Square Office
||XX Out of State
||Katherine Polk Failla
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
||15 U.S.C. § 77 Securities Fraud
|Jury Demanded By:
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|June 23, 2015
OPINION AND ORDER: For the reasons set forth in this Opinion, the Intercompany Sale as envisioned in the Restructuring Support Agreement and since carried out in part would violate Plaintiffs' rights under the Trust Indenture Act. Pursuant to Section 10.06(c) of the Fourth Supplemental Indenture (Supp. Ex. 2), Education Management Corporation shall guarantee any past and future payments of principal and interest to Marblegate on their respective due dates under the March 5, 2013 Indenture. The Clerk of Court is directed to enter judgment for Plaintiffs, terminate all pending motion, adjourn all remaining dates, and close the case. (Signed by Judge Katherine Polk Failla on 6/23/2015) (tn)
|December 30, 2014
AMENDED OPINION AND ORDER: Because Plaintiffs have failed to demonstrate a likelihood of irreparable harm, that the balance of equities tips in their favor, or that an injunction is in the public interest, the motion for a preliminary injunction is DENIED. The requests of the parties to file certain documents in redacted form is GRANTED. (Signed by Judge Katherine Polk Failla on 12/30/2014) (tn)
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