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Publications

Is it Worth It? The Value of Delaware Appraisal Rights to the Activist Investor

Summer 2007
Activist Investing Developments - Summer 2007


The going-private frenzy, combined with the recent trend of including post-signing market check “go shop” provisions in merger agreements for unshopped deals, has led to increased shareholder activism among investors who are dissatisfied with the consideration being offered in mergers and other consolidations. Their “just say no” campaigns, whether through public statements or active solicitations, have met with mixed success, as shareholders will often take whatever premium is offered if a higher offer does not surface.