RE: Very interesting8 May 2019 10:02
Hope admits that he “objected” to potential replacement lending, does not dispute he helped to cause Plaintiffs to lose investment opportunity, and instead argues his business judgment was sound. Hope’s admitted
“objection” to debt re-financing drives him into an exception to the business judgment rule. This admission damns the Opposition: Hope should have had no involvement in any decision regarding corporate debt because of his conflicts of interest and loyalty to his own debt investments.Defendants offer no facts in response to Plaintiff’s allegations that Hope intentionally interfered with prospective economic benefits, and instead argue (again, without any evidence) the merits of the proposed borrowing, claiming that that debt refinance transactions would weaken or harm the company, rather than preserve the companys’ assets and going concern value. This flies in the face of the fact that in the two weeks that this action has been pending, Mr. Hope has solidified his plan to seize control of the company, using his senior debt to oust the directors and sell its assets. He has admitted he “objected” to the debt financing; he admits he is foreclosing; at the pace the liquidation is progressing, it will soon be too late for this Court to decide