Elliott Associates, L.P. v. Avatex Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Courts construing an agreement “must give effect to all terms of the instrument, must read the instrument as a whole, and, if possible, reconcile all the provisions of the instrument”
• concluding that contra proferentem “is not applicable here because there is no ambiguity”
• concluding that contra proferentem “is not applicable here because there is no ambiguity”
• explaining that it is important to provide “results [that] are uniform, predictable and consistent with existing law”
• explaining that it is important to provide “results [that] are uniform, predictable and consistent with existing law”
• explaining that a merger whereby the non-surviving corporation “will cease its independent existence” and “its certificate becomes a legal nullity” “constitutes a repeal, if not an amendment or alteration”

Source: CourtListener parenthetical corpus (CC0).