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09Jan

Delaware Confirms the High Threshold for Material Adverse Effect Claims and Interprets ‘Commercially Reasonable Efforts’

A year after Akorn v. Fresenius (Akorn case), the first Delaware case holding that a party was entitled to terminate a merger agreement based on a material adverse effect (MAE), the Delaware Court of Chancery, in Channel Medsystems, Inc. v. Boston...
By: Kramer Levin Naftalis & Frankel LLP
Source Url: https://www.jdsupra.com/legalnews/delaware-confirms-the-high-threshold-17576/

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