Delaware Chancery Court Enforces Specific Performance and Forces Merger to Close
JD Supra: Mergers
MAY 7, 2025
A recent decision of the Delaware Court of Chancery reinforces the importance of deal certainty, particularly when it comes to efforts-based covenants in merger agreements. In Desktop Metal Inc. v. Nano Dimension Ltd., the Court considered whether a buyer breached its obligations by not diligently pursuing regulatory approvals.
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