On January 27, 2022, in Levy Family Investors, LLC v. Oars + Alps LLC the Delaware Court of Chancery (the “Court”) released a memorandum opinion providing clarity with regard to Delaware’s infamous “Anti-Bootstrapping Rule”...more
4/20/2022
/ Acquisition Agreements ,
Bootstrapping ,
Breach of Contract ,
Corporate Sales Transactions ,
Delaware General Corporation Law ,
Fraud ,
Fraudulent Inducement ,
Membership Interest ,
Misrepresentation ,
NCAs ,
Purchase Agreement
Recent Delaware cases appear to make two things clear. First, it remains extremely unlikely that a court will find an event or occurrence to fall within the general provisions of a Material Adverse Effect condition and as a...more