Those covenants bound only the Company, not the Seller.In this case, the Buyer does not argue that it is suing the Seller to cause it to specifically perform, or to enjoin the Seller from failing to comply with, a covenant of the Seller itself. Having signed a contract explicitly disclaiming access to the very remedy it now seeks, the Buyer has contractually forsaken its current preferred remedy and must be held to its bargain. About Abry Partners Abry is one of the most experienced and successful sector-focused private equity investment firms in North America. Through collaborative partnership, Abry’s almost thirty years of experience in communications, media, information and business services enables us to develop a mutual vision for value creation. F & W Acquisition, LLC was the special-purpose vehicle used by Providence to hold its investment in the underlying F & W business. Providence, according to the amended complaint, owned or controlled F & W Acquisition, LLC.Likewise, ABRY controlled the Acquiror side of the deal. To that end, the Company: (1) extended, by a week, the quarterly reporting period of a subsidiary in the United Kingdom in order to increase the revenues and earnings depicted in the June 2005 financial statements; (2) shipped magazines in June that were scheduled to arrive in July in order to recognize revenues from those magazines in June rather than July; (3) manipulated its book club by moving a book club cycle from the second half of 2005 into June to inflate revenues; and (4) reported revenues related to a conference held in June 2005 but delayed reporting expenses from that same conference. ABRY Immobilier vous propose sa sélection de vente et de location sur Clermont-Ferrand, Issoire, Saint-Raphaël, Fréjus et ses environs Why? For the plaintiff in such a situation to prove its fraudulent inducement claim, it proves itself not only a liar, but a liar in the most inexcusable of commercial circumstances: in a freely negotiated written contract. [1034] Collins J. Seitz, Jr., Kevin F. Brady, Connolly Bove Lodge & Hutz, L.L.P., Wilmington, DE; Mark C. Hansen, Silvija A. Strikis, Kevin B. Huff, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Plaintiffs.Kevin G. Abrams, J. Travis Laster, Abrams & Laster, L.L.P., Wilmington, DE; Irwin H. Warren, Virginia H. Johnson, Margarita Platkov, Weil, Gotshal & Manges, L.L.P., New York City; James L. Messenger, Patrick J. O'Toole, Weil, Gotshal & Manges, L.L.P., Boston, MA, for Defendants.But the contractual freedom to immunize a seller from liability for a false contractual statement of fact ends there.
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