“CHALKING UP A VICTORY FOR DEAL CERTAINTY”: CHANCERY COURT REINFORCES HIGH BAR TO ESTABLISHING “MAE” IN CONNECTION WITH IMPACT OF COVID-19
Robert S. Reder & Zachary R. Ryan | 76 Vand. L. Rev. En Banc 119 (2023) | Market dislocations associated with the rapid spread of COVID19 beginning in early 2020 presented parties to pending M&A transactions with two thorny issues under the documentation governing their transactions: first, which party bore the risk of pandemic-related damage to the target business, and second, what measures was the target business either permitted or required to take to mitigate that damage?
Robert S. Reder
Zachary R. Ryan