Contracts :  Indenture Agreement –  Tortious Interference – Asset Purchase Transaction

Where a hedge fund sued two banks alleging that an asset purchase breached the successor obligor term of an indenture agreement, summary judgment in favor of the defendant dismissing the tortious interference claim is affirmed because there was no breach shown of the underlying contract.

Judgment is affirmed.

Hildene Opportunities Master Fund, Ltd. V. Arvest Bank (MLW No. 71954/Case No. 17-1702 – 12 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, Western District of Missouri, Smith, J. (Ethan A. Brecher, New York, argued for appellant; Nicholas E. Draper, Daniel B. Hodes and Ethan A. Brecher appeared on the brief) (Sean L. McGrane, Cleveland, Ohio, for appellee; John Power, Michael R. Owens, Michael Cargnel, Jennifer Varon, Joseph C. Weinstein and Sean L. McGrane appeared on the briefs).

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