Del. Supreme Ct. Arguments Go Over Operative Reality, Expert Credibility, and Standard of Review
Appraisal Rights
JANUARY 15, 2021
For example, in 2017 case SWS , changes to SWS’s capital structure as the result of cancelling debt in exchange for equity were part of the “operative reality” because the exercise of the warrants and debt cancellation was a known element of value as of the Merger Date and was not conditioned or contingent on the merger.
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