Opinion
CASE NUMBER: 5:99-CV-1238 5:00-CV-1246
04-03-2012
Trafalgar Power Inc. and Christine Falls Corporation, Plaintiffs, v. Aetna Life Insurance Company; Algonquin Power Corporation, Inc.; Algonquin Power Income Fund; and Algonquin Power Fund (Canada) Inc. Defendants. Algonquin Power Corporation, Inc.; Algonquin Power Income Fund; and Franklin Industrial Complex, Inc. Plaintiffs, v. Trafalgar Power Inc.; Christine Falls Corporation; and Pine Run of Virginia, Inc., Defendants.
AMENDED
JUDGMENT IN A CIVIL CASE
(Lead Case)
(Member Case)
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that Trafalgar's motion to amend the complaint is DENIED; Algonquin's motion for summary judgment is GRANTED; All of the remaining claims brought by Trafalgar are DISMISSED;
All of the above pursuant to the order of the Honorable Judge DAVID N. HURD, dated the 6th day of November, 2008; and it is further ORDERED that Algonquin's motion for summary judgment on its counterclaims is GRANTED; and it is DECLARED that Trafalgar is in DEFAULT under the terms of the Indenture and related loan documents; and Algonquin is entitled to enforce its rights and remedies as against the pledged collateral, including the stock of TPI and CFC;
All of the above pursuant to the order of the Honorable Judge DAVID N. HURD, dated the 3rd day of April, 2012.
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Clerk of Court
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Christine Mergenthaler
Deputy Clerk