“In accordance with the requirements of the EB-5 Program, ERY Tenant
issued preferred units for $500,000 per unit to numerous foreign investors, of
which Defendants make up a small percentage. Each investor received one
preferred unit membership interest in ERY Tenant. By making such qualified
investments in ERY Tenant, each investor, including each Defendant, became
eligible to apply for permanent resident status in the United States“
“To qualify for the EB-5 Program, the preferred units in ERY Tenant were
required to be “at risk” capital investments, without a specific term or
repayment obligation. ”
“Defendants have no contractual or other right to demand such payments”