In the Superior Court of the State of Delaware Simon
EFiled: Jun 02 2020 05:08PM EDT Transaction ID 65668754 Case No. N20C-06-034 EMD CCLD IN THE SUPERIOR COURT OF THE STATE OF DELAWARE SIMON PROPERTY GROUP, L.P., ) on behalf of itself and its affiliated ) landlord entities, ) ) Plaintiff, ) ) v. ) C.A. No. (CCLD) ) THE GAP, INC., OLD NAVY, LLC, ) INTERMIX HOLDCO, INC., ) BANANA REPUBLIC, LLC, AND ) ATHLETA LLC, ) ) Defendants. ) COMPLAINT Plaintiff Simon Property Group, L.P. (“Simon”), on behalf of itself and as assignee of its various landlord entities (“Simon Landlords”), by and through its undersigned counsel, and as for its Complaint against The Gap, Inc., Old Navy, LLC, Intermix HoldCo, Inc., Banana Republic, LLC, and Athleta LLC (collectively, “Defendants” or “The Gap Entities”), alleges and states as follows: NATURE OF THE ACTION 1. Simon seeks monetary damages from The Gap Entities for failure to pay more than $65.9 million in rent and other charges due and owing under certain retail Leases (defined below) plus attorneys’ fees and expenses incurred in connection with this suit. 2. The Gap Entities are in default on each of the Leases for failure to pay rent for April, May and June, 2020. As of the date of this filing (June 2, 2020), there is due and owing approximately $65.9 million in unpaid rent to each of the Landlord entities. The amounts due and owing will continue to accrue each month, with interest, and The Gap Entities are expected to fall even further behind in rent and other charges due to be paid to the Simon Landlords. PARTIES 3. Simon, a Delaware limited partnership, is the principal operating partnership for Simon Property Group, Inc., a publicly-held Delaware corporation and Simon’s sole general partner.
[Show full text]