Topic: an appraisal proceeding is a limited legislative remedy int… · Go Syfert
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Topic #7105

10 canonical passages across 7 cases, quoted by 50 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Cede & Co. v. Technicolor, Inc..

#Case FlagCanonical passage Citers
1 Cede & Co. v. Technicolor, Inc. Anchor
del · 1988
green “an appraisal proceeding is a limited legislative remedy intended to provide shareholders dissenting from a merger on grounds of inadequacy of the offering price with a judicial determination of the intrinsic worth (fair value) of their shareholdings.” 10
2 M.P.M. Enterprises, Inc. v. Gilbert
del · 1999
green “a merger price resulting from arms-length negotiations where there are no claims of collusion is a very strong indication of fair value.” 7
3 Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd.
del · 2017
green “fair value entails at minimum a price some buyer is willing to pay-not a price at which no class of buyers in the market would pay.” 6
4 Cede & Co. v. Technicolor, Inc.
del · 1996
green “the underlying assumption in an appraisal valuation is that the dissenting shareholders would be willing to maintain their investment position had the merger not occurred.” 5
5 Verition Partners Master Fund Ltd. v. Aruba Networks, Inc.
del · 2019
green “it cannot be that an open chance for buyers to bid signals a market failure simply because buyers do not believe the asset on sale is sufficiently valuable for them to engage in a bidding contest against each other.” 5
6 M.G. Bancorporation, Inc. v. Le Beau
del · 1999
green “adopt any one expert's model, methodology, and mathematical calculations, in toto, if that valuation is supported by credible evidence and withstands a critical judicial analysis on the record.” 4
7 M.P.M. Enterprises, Inc. v. Gilbert
del · 1999
green “section 262(h) requires that the court of chancery discern the going concern value of the company irrespective of the synergies involved in a merger.” 4
8 DFC Global Corporation v. Muirfield Value Partners, L.P.
del · 2017
green “it is widely assumed that the sale price in many ma deals includes a portion of the buyer's expected synergy gains, which is part of the premium the winning buyer must pay to prevail and obtain control.” 3
9 Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd.
del · 2017
green “composed of independent, experienced directors and armed with the power to say 'no” 3
10 Verition Partners Master Fund Ltd. v. Aruba Networks, Inc.
del · 2019
green “material nonpublic information about the seller is in a strong position (and is uniquely incentivized) to properly value the seller” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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