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Contracts Keyed to Epstein
Fortress Systems, LLC v. Bank of the West
Facts
Fortress Systems, LLC (Plaintiff) sought equipment financing from Bank of the West (Defendant). Defendant told Plaintiff that if it adhered to the Defendant’s requirements, then the loan would be approved. The loan terms were documented in a commitment letter, and the loan was set to close. However, Defendant subsequently learned that Plaintiff was in the midst of a shareholder litigation suit. The loan closing was stalled. However, Defendant indicated that if the lawsuit was settled, then the loan would close. Defendant continued to request financial information from Plaintiff, and Plaintiff entered into a proposed settlement agreement with the parties to the shareholder litigation suit. Plaintiff also entered into a building contract based on the belief that the loan would close, and Plaintiff invested its own money in the construction per Defendant’s requirements. Defendant then told Plaintiff that it would not fund the loan.
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