KING, Circuit Judge: In 1998, Plaintiff Billy Mullins sold all the assets of his company to Defendant TestAmerica, Inc. in exchange for cash and an unsecured promissory note payable to Mullins’s company, renamed Faraway Enterprises. TestAmerica’s obligation to pay the note was subordinated and subject to the prior payment in full of all of TestAmerica’s “debt facilities.” TestAmer…
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