in its handling of TSN’s inquiries in light of the waiver of notice: TSN had no means other than regular inquiries to obtain advance warning of trouble in its financing arrangements and of the potential need to seek alternative financing elsewhere. TSN does not argue that Presidential was obligated to respond to its inquiries, but maintains that when Presidential chose to respond, Presidential became obligated to respond honestly. The Court agrees that dishonesty in these circumstances would violate the implied covenant of good faith and fair dealing. Cf. Way man, 606 N.E.2d at 928 (concluding that creditor entitled to summary judgment on good faith and fair dealing claim because debtor failed to offer evidence “of any misrepresentation or dishonest act”); Flynn, 1993 WL 818771 at *3 (<HOLDING>). Accordingly, Presidential’s motion for
holding that evidence of misrepresentations by creditor might support conclusion of bad faith but concluding that any such misconduct was immaterial holding that evidence of counsels bad faith constituted unusual circumstances holding that a bad faith claim is a tort holding that future benefits are available upon a finding of bad faith because repudiation is a legal conclusion which the trial court reaches after the fact finder makes its determinations about whether there was a breach and whether the breach was in bad faith holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith