Swiss Fund Says Drink Co. Reneged On Rating Promise

Law360, Washington (March 2, 2012, 2:21 PM EST) -- A Swiss investment fund on Tuesday sued beverage carbonation company NuCO2 LLC and U.S. Bank NA in New York federal court, alleging that it was denied the guarantees of an independent credit rating agency on $60 million worth of subordinated debt securities NuCO2 issued.

NuCO2 did not consult with subordinated noteholders in deciding to issue the notes without an independent rating, but instead consulted with senior noteholders, who would not be affected, according to SNB StabFund's complaint. The notes subsequently dropped significantly in value due to...
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Case Information

Case Title

SNB Stabfund Kommanditgesellschaft Fur Kollektive Kapitalanlagen v. NUCO 2 LLC et al

Case Number



New York Southern

Nature of Suit

Contract: Other


Jed S. Rakoff

Date Filed

February 28, 2012

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