Comments on: Citigroup, Wachovia, Wells Fargo, the Exclusivity Agreement, and Specific Performance… and the Huntsman Opinion http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/ Academic commentary on law, business, economics and more Fri, 19 Mar 2010 20:08:11 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Kinabalu http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/comment-page-1/#comment-144013 Kinabalu Mon, 06 Oct 2008 04:02:35 +0000 http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/#comment-144013 Specific performance only means that Wachovia must submit the offer to its shareholders. They can not be required to do more than their articles of incorporation require. Without the permission of the Wachovia shareholders there can be no deal. The only way Citi will get their approval is to make a better offer than Wells. Specific performance only means that Wachovia must submit the offer to its shareholders. They can not be required to do more than their articles of incorporation require. Without the permission of the Wachovia shareholders there can be no deal. The only way Citi will get their approval is to make a better offer than Wells.

]]> By: north fork investor http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/comment-page-1/#comment-144011 north fork investor Sun, 05 Oct 2008 15:34:46 +0000 http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/#comment-144011 I fail to see the relevancy of Lamb's decision in the Huntsman case to the situation at hand. But I did agree with your interpretation of the letter contract's specific performance language versus Davidoff's. Ramsey's TRO (haven't seen the language yet) appears to support your viewpoint. The parties have a week to talk without interference from WFC. I fail to see the relevancy of Lamb’s decision in the Huntsman case to the situation at hand. But I did agree with your interpretation of the letter contract’s specific performance language versus Davidoff’s. Ramsey’s TRO (haven’t seen the language yet) appears to support your viewpoint. The parties have a week to talk without interference from WFC.

]]> By: Dennis Tuchler http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/comment-page-1/#comment-144009 Dennis Tuchler Sat, 04 Oct 2008 19:56:54 +0000 http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/#comment-144009 Of course, whether or not the remedy of specific performance is available is within the discretion of the court. The contract provision does not guarantee that there will be specific performance imposed on Wachovia. Of course, whether or not the remedy of specific performance is available is within the discretion of the court. The contract provision does not guarantee that there will be specific performance imposed on Wachovia.

]]> By: Vania Shaw http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/comment-page-1/#comment-144008 Vania Shaw Fri, 03 Oct 2008 22:29:27 +0000 http://www.truthonthemarket.com/2008/10/03/citigroup-wachovia-wells-fargo-the-exclusivity-agreement-and-specific-performance-and-the-huntsman-opinion/#comment-144008 Ms. Nowicki: How many $1.2 Billion tort claim cases have you tried to jury verdict? How many $1.2 Billion breach of contract cases have you tried to jury verdict? Isn't it true that you are an alumni of the law firm that negotiated the exclusivity agreement for one of the parties? Care to tell us which firm and who they represent in this deal? Ms. Nowicki:

How many $1.2 Billion tort claim cases have you tried to jury verdict?

How many $1.2 Billion breach of contract cases have you tried to jury verdict?

Isn’t it true that you are an alumni of the law firm that negotiated the exclusivity agreement for one of the parties? Care to tell us which firm and who they represent in this deal?

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