In Re Texstone Venture, Ltd.

How courts have described this case

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

• finding that an option for the lender to receive an equity participation in lieu of a monetary payment was an alternative to principal repayment that did not make the loan executo-ry
• finding that, when an option is merely an alternative method of principal repayment, “the option would not be an executory contract and nei ther would the note be an executory contract because of the inclusion of the option”
• because option agreement is merely an alternative method of principal repayment, neither the option itself nor the note that includes the option would be an executory contract
• obligation on part of lender to complete funding renders credit agreement exec-utory

Source: CourtListener parenthetical corpus (CC0).