Negotiating Appraisal Conditions in Public M&A Transactions

Appraisal rights in public M&A transactions have recently garnered greater attention, particularly in Delaware.

As a result, more attention is being paid to the possible inclusion of a closing condition protecting the acquiror against excessive use of appraisal rights, and this should lead to careful attention being paid to the negotiation and drafting of any such conditions and related provisions.  Discussed below are some of the reasons for this greater attention, and suggestions regarding negotiating and drafting such provisions. Click here, to continue reading on our Cleary M&A and Corporate Governance Watch blog.