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According to ONEOK, "Southern Union must confirm that ONEOK presented details to the Southwest Board that was material to the Board's decision to reject the Southern Union proposal. Unfortunately for Southern Union, the uncontroverted proof is to the opposite." (ONEOK's Mot. Although Southern Union gives a dense 3-volume qualified report (issue to a Daubert challenge) purporting to work out the "synergistic" results of a Southern Union-Southwest merger and the resulting profits, Southern Union presents inadequate evidence to establish the phrases of a consummated merger with Southwest. According to ONEOK, at least six "sizeable" terms remained in dispute, "together with Southwest's ask for for a $200 million liquidated damages provision and Southern Union's refusal to pay back the $30 million termination charge owing to ONEOK upon termination of the Merger Agreement." (ONEOK's Mot. With respect to Southwest's said worries about Southern Union's skill to finance the merger, Southwest's personal fiscal advisers testified that they thought Southern Union could have acquired financing for the merger at the time the offer was getting thought of by the Southwest Board

ONEOK argues that Southern Union can not show that it was reasonably assured of merging with Southwest due to the fact the parties ended up not shut to reaching a definitive merger settlement. Southern Union argues that, but for the actions of these Defendants, Southern Union was fairly certain of consummating a merger with Southwest and noticing substantial income. In light of this conflicting proof, the Court finds real issues of material reality no matter if Southern Union was reasonably confident of consummating the merger with Southern Union. ONEOK argues that Southern Union's tortious interference claim fails for the reason that Southern Union cannot exhibit that it was "moderately certain" of consummating a merger with Southwest "but for" ONEOK's alleged interference. eight. Although ONEOK's most important argument is that Southern Union was not reasonably certain of merging with Southwest, ONEOK also argues that ONEOK's alleged interference did not cause the merger to fail. ONEOK argues that the current case is distinguishable simply because the Southwest Board, unlike the target firm in Megawatt, was not solely anxious with providing to the highest bidder. In Megawatt, which also included a failed utilities merger, the courtroom denied summary judgment due to the fact there was enough evidence from which a jury could conclude that the defendant's alleged interference deprived the plaintiff of an possibility to outbid its competitor

Tarantino legendarily started accumulating his vast understanding of films and movie historical past when he labored at the L.A. As most individuals with a performing awareness of cinema history know, movies applied to be predominantly in black & white - glorious black and white, if you will! HBO Max is kicking off October in design and style, not only hosting a bevy of Halloween films to stream, but also launching an interactive "House of Halloween" page that will make strategies to subscribers dependent on their possibilities. Six various tarot playing cards will provide six unique surprise selections to stream from HBO Max’s sturdy horror library. One of Brooks' best is effective is "Young Frankenstein," another of his incisive parodies this time taking intention at the common horror and monster genres. Gene Hackman is a single of the biggest actors of all time. All Hallows’ Eve. The time when demise and dismemberment and ghosts and goblins and monsters of all sorts go mainstream, and every single products abruptly grows pumpkin spice nuts