Andy Kostoulas

The Doctrine of Independent Legal Significance Applies to Alternative Entities: Some Thoughts for Lenders

The doctrine of independent legal significance has long been utilized by Delaware courts in construing provisions of the Delaware General Corporation Law, but until recently, its applicability to alternative entities was an open…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquistions

The Forthright Negotiator Principle and the Legitimate Role of Ambiguity in Contracts

Common sense suggests that contracts should be clearly drafted. However, owing to social and economic factors, ambiguities may be not only rational, but desirable. Many courts, including those in Delaware, have adopted rules of…more
| Commercial Law & Contracts
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