In Appraisal Cases, Court of Chancery Increases Deal Price-based Valuation if Evidence Shows Pre-Closing Change

The M&A Lawyer

Jenness E. Parker

Partner Jenness Parker and associate Andrew Kinsey review the Delaware Chancery Court's recent shift in appraisal cases regarding reevaluating a company's value after an acquisition deal has closed. The court has shown a willingness to find fair values in excess of the deal price if petitioners can prove that a corporation increased in value between signing and closing.