District Court, S.D. New York May 18, 2005, 04 Civ. 8145(RWS) (Citadel Equity Fund Ltd. v. Aquila, Inc.)

OPINION

SWEET, District Judge.

Defendant Aquila, Inc. (“Aquila” or the “Borrower”) has moved under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint of plaintiffs Citadel Equity Fund Ltd. and Citadel Credit Trading Ltd. (collectively, “the Citadel Funds”), which seeks to enforce a particular prepayment premium under a credit agreement entered into by Aquila.