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Court Of Chancery Explains How To Do Cash Out Merger Fairly

Posted In M&A

In re Orchard Enterprises Inc. Stockholder Litigation, C.A. 7840-VCL (February 28, 2014)

This may be the definitive opinion on how to do a cash out merger fairly.  It contains a wealth of references to the case law dealing with all aspects of the dual duties to act fairly and provide a fair price and the potential remedies for the failure to meet those twin obligations.

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