Examples of AIMCO OP in a sentence
He is at least another level—or, possibly, several levels—more removed from the LP Defendants in the AimCo business structure than Aimco OP appears to be.
To determine whether Aimco OP conceivably could owe any fiduciary duties to Plaintiffs, this Court would need to look to the terms of the limited partnership agreements of the LP Defendants and to DRULPA.
For the same reasons as I discussed as to Aimco OP, therefore, Plaintiffs have failed to state a claim for breach of fiduciary duty against Considine, and I will dismiss the Complaint with prejudice as it relates to him.IV.
I therefore will dismiss the Complaint with prejudice as it relates to Aimco OP for failure to state a claim.2. Considine did not owe fiduciary duties to the LP Defendants or to Plaintiffs The arguments and reasoning that apply to Aimco OP apply with even greater force to Considine.
Through the Mergers, the LP Defendants were merged into a subsidiary of Aimco OP.
In support of that motion, they contend that neither Aimco OP nor Considine owed fiduciary duties to Plaintiffs, and therefore the claim for breach of fiduciary duties against them must be dismissed.
Limited Partnership Name (the "Partnership”) Number of Limited Partnership Interest ("Interests" aka units) Aimco OP, L.P.
For the following reasons, I conclude that, taking all non-conclusory factual allegations in the Complaint as true and drawing all reasonable inferences in Plaintiffs‘ favor, it is not reasonably conceivable that Plaintiffs could prevail on a claim for breach of fiduciary duty against either Aimco OP or Considine.
This case‘s analog to the individual defendant Feeley is not Aimco OP, but rather the officers and directors of the GP Defendants, including Defendants Bezzant and Cordes.45 This Court would have to go materially beyond Feeley and USACafes, therefore, to find that Aimco OP conceivably owed a fiduciary duty to Plaintiffs and could be liable for a breach thereof.
Even if it were, however, the factual allegations Plaintiffs cite as evidence of Aimco OP exercising ―control,‖ even viewed in the light most favorable to Plaintiffs, suggest that while Aimco OP may have been involved in the day-to-day, operational management of AimCo‘s business, it did not―control‖ the LP Defendants in the sense that it exercised ultimate decision-making power with respect to partnership policy in general or with respect to the Mergers in particular.