Case Law Summaries

Delaware – Termination of Merger

DelawareAkorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300, decided 12/7/18. The Delaware Supreme Court affirmed the Chancery Court’s ruling that a buyer could terminate a merger because the seller’s breach of its regulatory representations and warranties constituted a material adverse effect as defined in the merger agreement.

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