Examples of Lender Model in a sentence
In this regard, he placed “primary reliance” on the Lender Model because it was (i) frequently “updated” and “circulated” before the Business Combination, (ii) “vetted” by the participants of the Business Combination and their advisors and (iii) the “most conservative” of the updated projections.163Meinhart then made two adjustments to the Lender Model.
See also Tr. 760 (Jarrell) (acknowledging the Lender Model had “advantages” over the other2.
Jarrell Op. at 50; JX 302 at 11 (the February Valuation assuming 5% growth in 2018–2021).the seldom-used Bank Case (which projects only 2.2% revenue growth per year).265 SourceHOV’s compound annual revenue growth was 10.1% from 2014 until just before the Business Combination.266 Unlike Respondent’s recently minted litigation position, the Equity Case and the Lender Model were not created as convenient afterthoughts.
JX 192 (discussing Lender Model update on March 20, 2017); Verma Dep.
The Backdated Valuation applied a separate 3.4% growth model that falls in between the Bank Case and the Equity Case / Lender Model.
JX 158E (the Equity Case and the Bank Case are found on the “Bank” tab by toggling between Assumptions 1 and 2 on the “Case Selection” tab); JX 227 at 3 (the Lender Model).
Tr. at 1123 (Hallinan) (“The legality of the bank model had been tested many times, had gone as far as the Supreme Court of the United States of America, and the ability of banks to export interest rates had always been upheld.”) with Tr. at 1127 (Hallinan) (testifying that the Licensed Lender Model is “[m]uch riskier” than the Bank Model “[b]ecause you don’t have the case law.
The Director Defendants also contend that Plaintiffs failed to prove damages with respect to this claim.In the typical corporate opportunity case, only one entity may take advantage of the opportunity, i.e., if A buys the property or merges with C then B cannot buy the same property or merge with C.214 This case involves a different situation; there was not only one or a limited number of Licensed Lender Model opportunities.
Usurpation of a corporate opportunity Plaintiffs argue that the Director Defendants’ failure to move CR from the Bank Model to the Licensed Lender Model when Hallinan moved his other payday loan companies to the Licensed Lender Model constitutes usurpation of a corporate opportunity.
Plaintiffs further argue that the Director Defendants breached their fiduciary duties to CR by failing to move CR to the Licensed Lender Model and by diverting CR’s business to Hallinan’s other payday loan companies.