Document: Cypress Assoc. LLC v. Sunnyside Cogeneration Assoc. Project, C.A. No. 1607-N, Strine, V.C. (Del. Ch. Jan. 17, 2007)

The Court denied cross-motions for judgment on the pleadings where ambiguity in the waterfall provision of an indenture agreement required the Court to consider parol evidence.  The Court granted the defendant leave to amend its answer to add facts to a conclusory allegation that plaintiff had unreasonably withheld its consent to the amendment of a contract with a customer, where it was contractually required not to do so.