Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

By Joanna Cline, Christopher Chuff and Taylor Bartholomew ( October 12, 2021, 4:57 PM EDT) -- In what represents a victory for private equity and venture capital investors, on Sept. 13, the Delaware Supreme Court issued a decision in Manti Holdings LLC v. Authentix Acquisition Co., confirming the enforceability of appraisal waivers by private contract so long as the stockholders agreeing to the waiver are sophisticated, informed, represented by counsel and have at least some bargaining power....

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