Deal Certainty In Uncertain Times -- 2007 Lessons From The Delaware Court of Chancery, By Rolin P. Bissell


In 2007, the merger market had distinct bull and bear phases, with each phase presenting challenges to public companies attempting to consumate mergers. In the first half of 2007, when credit and hungry acquirers were abundant, target companies and their acquirers sought to come to friendly terms quickly and then lock up their deals to them from challenge by follow-on bidders. Then, when the

credit crunch hit and financing dried up, many acquirers began looking for ways to walk away from deals that suddenly seemed pricey. Together, the two phases produced a bumper crop of guidance from the Delaware Court of Chancery on how to structure merger negotiations and agreements to increase the likelihood that a merger will get done.

Please read full legal article for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Young Conaway Stargatt & Taylor, LLP | Attorney Advertising

Written by:


Young Conaway Stargatt & Taylor, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.