14Jan
Channel Reinforces that Akorn is the Ceiling not the Floor for MAE Terminations
2018’s landmark decision Akorn, Inc. v. Fresenius Kabi AG marked the first time that the Chancery Court upheld a buyer’s use of a Material Adverse Effect (MAE) clause to terminate a merger agreement. However, the Court’s reasoning in the case...
By:
Dorsey & Whitney LLP
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