is seekingroughly $1 billion in damages tied to its failed merger with , a move that looks tooverride bankruptcy protection afforded to SunEdison during its restructuring.
Vivint'slawyers filed the motion in the U.S. Bankruptcy Court Southern District of NewYork on July 7, requesting that the federal court allow Vivint to continue itslawsuit against SunEdison in the Delaware Court of Chancery.
Indoing so, Vivint is seeking to establish a judgment in its litigation relatedto SunEdison's "willful breach" of contract to finalize its failedmerger in the Delaware court, which the company contends is equal to roughly $1billion in damages.
Ifsuch a judgment is ultimately determined by the Delaware court, according tothe filing, Vivint says it would then return to the court with that figure sothat it may be considered in the reorganization.
The$1 billion claim makes Vivint the largest unsecured creditor in the bankruptcyproceeding, the filing said, a figure large enough to sway the reorganization.
Vivintindicated that if the court will not grant its motion to seek a judgment inDelaware it would move its proceedings tied to the merger breach to the federalcourt.
Thehearing on the motion is scheduled for Aug. 11 in the Southern District court.Vivint is being represented by Wilson Sonsini Goodrich & Rosati.