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On September 13, 2021, the Delaware Supreme Court affirmed the Delaware Court of Chancery's decision holding that a corporation may enforce an advance waiver of appraisal rights against its own stockholders. Manti Holdings, LLC v. Authentix Acquisition Co., Inc., No. 354, 2020, 2021 WL 4165159 (Del. Sept. 13, 2021). The Delaware Supreme Court held that Delaware law does not prohibit sophisticated and informed stockholders—who were represented by counsel and had bargaining power—from waiving
Kevin Roberts Senior Advisor, M&A Partners Kevin Roberts has over 25 years of experience growing middle-market sized businesses both as a principal investor and as a strategic advisor. Presently, Kevin is Managing Director of Fidelitas Capital Partners, a private equity sponsor focused on buyouts and growth-oriented equity recapitalizations of established lower middle-market sized companies.
On September 13, 2021, the Delaware Supreme Court affirmed the Delaware Court of Chancery's decision holding that a corporation may enforce an advance waiver of appraisal rights against its own stockholders. Manti Holdings, LLC v. Authentix Acquisition Co., Inc., No. 354, 2020, 2021 WL 4165159 (Del. Sept. 13, 2021). The Delaware Supreme Court held that Delaware law does not prohibit sophisticated and informed stockholders—who were represented by counsel and had bargaining power—from waiving
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