Solar photovoltaic panel base surrounded by aerial green plants. Credit: jeson/Adobe Stock Solar Company: Restrictive Covenant Circumstances Require Chancery Blue Penciling
Josh Berman of Paul Hastings argued for Sunder Energy LLC that Vice Chancellor J. Travis Laster should not have determined that an LLC agreement was unenforceable.
September 18, 2024 at 05:04 PM
3 minute read
A solar panel sales company has asked the Delaware Supreme Court to take a second look at its case attempting to enforce restrictive covenants, claiming the Court of Chancery should not have found them to be unenforceable.
During argument on an interlocutory appeal Wednesday, Josh Berman of Paul Hastings argued for Sunder Energy LLC that Vice Chancellor J. Travis Laster should not have made the factual findings he did about the circumstances under which Sunder's former head of sales signed the LLC agreement containing the restrictive covenants.
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