Exelon Generation Acquisitions, LLC, Defendant Below, Appellant/cross-Appellee v. Deere & Company, Plaintiff Below…

Summary

The court held that Exelon did not owe Deere a $14 million earn-out payment because the Beebe Wind Farm in Gratiot County was not the Blissfield Wind Project defined by the Purchase Agreement as the project under development in Lenawee County. The court concluded that the unambiguous agreement could not be interpreted through post-closing conduct or other extrinsic evidence, and it reversed the Superior Court's contrary summary judgment ruling. The court remanded with instructions to enter judgment for Exelon.