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Merger Agreements › Delaware General Corporation Law › Third-Party Beneficiaries

Troutman Pepper

Delaware Court of Chancery Addresses Enforceability of Con Ed Provision

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In Crispo v. Musk, the Delaware Court of Chancery considered the enforceability of a so-called “Con Ed” provision contained in a merger agreement governing the well-publicized and troubled acquisition of Twitter, Inc....more

Locke Lord LLP

Delaware Court of Chancery Confirms Ability of Stockholders to Assert Third-Party Beneficiary Claims Under Merger Agreements

Locke Lord LLP on

A common provision in merger agreements is denial of the right of non-parties to the agreement to assert third-party beneficiary claims. The use of this provision left open the question whether stockholders of a disappearing...more

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