Hildene Opportunities Master Fund, Ltd. v. Arvest Bank et al
ORDER OF JUDGMENT. Signed on 3/30/17 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
HILDENE OPPORTUNITIES MASTER )
ARVEST BANK, BANNISTER
BANCSHARES, INC. and
Case No. 14-1110-CV-W-ODS
ORDER OF JUDGMENT
On February 15, 2017, the Court granted summary judgment in Defendant Arvest
Bank’s favor on its statute of limitations defense and as to Count I, granted summary
judgment in Defendant Bannister Bancshare Inc.’s (“Bannister”) favor on Count II, and
granted summary judgment in Plaintiff Hildene Opportunities Master Fund LTD’s
(“Hildene”) favor on Count III. Doc. #203. Because the Court found Bannister liable for
principal and interest due under the Bannister Indenture, the Court directed Hildene to
file a sworn declaration indicating the total amount due to Hildene as a result of the
Court’s Order. Id., at 17-18. Bannister was permitted to file a reply to Hildene’s sworn
Hildene’s affidavit establishes the total principal and interest due under the
Bannister Indenture, as of March 15, 2017, was $26,021,128.11. Doc. #205. Hildene
also established interest on the Bannister Indenture accrues at a per diem rate of
$2,777.88. Id. Bannister did not oppose Hildene’s calculations. Doc. #206.
The Court finds Bannister liable in the amount of $26,062,796.30, representing
principal and interest in the amount of $26,021,128.11 due as of March 15, 2017, in
addition to $41,668.20, representing per diem interest accrued between Hildene’s
March 15, 2017 filing and today’s Order. Judgment is entered in favor of Hildene and
against Bannister in the amount of $26,062,796.30.
IT IS SO ORDERED.
/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT
DATE: March 30, 2017
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