A Sale or a Loan? The Plain Language is not always Dispositive
ABI
JANUARY 12, 2022
vi] Ultimately, CapCall provided cash in return for an interest in certain receivables from the restaurants’ operations. 8) the language of the agreement and the conduct of the parties. xxv] The colloquial language used in email communications between parties included reference to the transaction as “loans with terms and balances.”
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