RED Capital Inv. L.P. v. RED Parent LLC
Annotate this CaseRED Capital Investment L.P. and George Polk (together, Plaintiffs) filed this suit claiming that RED Parent LLC (the Company) violated their rights to inspect certain Company books and records pursuant to the Company’s amended and restated operating agreement and 6 Del. C. 18-305(a)-(b). The request was made by Polk, a member of the Company’s board of managers. The Court of Chancery agreed with Plaintiffs and ordered the Company to allow Plaintiffs to inspect the requested books and records, holding (1) Polk’s request was made in his representative capacity on behalf of RED Capital as a member and in his individual capacity as manager; and (2) Polk was entitled to the requested books and records.
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