Whitebox Relative Value Partners, LP et al v. Transocean Ltd. et al
JUDGMENT: Accordingly, and pursuant to Rule 58 of the Federal Rules of Civil Procedure, the Court hereby ENTERS judgment for Transocean and against Whitebox as follows: 1. Transocean's motion for summary judgment [ECF No. 24] is GRANTED; 2. Whit ebox's cross-motion for summary judgment [ECF No. 38] is DENIED; 3. Declaratory judgment in favor of Transocean on its counterclaims [ECF No. 22], is GRANTED, declaring that, as set forth in the Order: a. "The internal reorganization execut ed in connection with the Exchange Offer did not violate Section 11.03 of the Indenture [ECF No. 28-1]"; b. "[T]he purported events of default described in the Notice [ECF No. 28-7] do not, in fact, constitute an actual default under the In denture;" and c. "[A]ny associated rights or remedies for Whitebox, including acceleration of the 2027 Existing Notes, are unavailable"; 4. Pursuant to stipulation between the parties, and in accordance with those terms, Whitebox' s remaining securities claims [ECF No. 3], which were effectively dismissed by the Summary Judgment Order, are hereby now formally DISMISSED. The Clerk of the Court shall close the file in this matter. (Signed by Judge George B. Daniels on 1/7/2021) (jwh)
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