Tycom Corporation, Plaintiff-Counter-Defendant-Appellant v. Bancboston Ventures, Inc., Defendant-Counter-Claimant-Appellee. (Two Cases)

108 F.3d 1386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tycom CORPORATION, Plaintiff-counter-defendant-Appellant, v. BANCBOSTON VENTURES, INC., Defendant-counter-claimant-Appellee. (Two Cases) Nos. 95-56641, 96-55484. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1997. * Decided March 10, 1997. Before: FARRIS, KOZINSKI and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The parties' Commitment Letter unambiguously obligates appellant Tycom Corporation to pay BancBoston Ventures $250,000 should appellant "choose for any reason not to proceed with the Financing." SER at 24. Appellant elected not to consummate the financing agreement because its primary shareholder would not agree to the terms of the deal; this decision clearly falls within the catch-all "any reason" provision. The district court therefore properly concluded that appellant owes BancBoston Ventures $250,000 in liquidated damages. 3 This obligation is neither unconscionable nor…