Posted In Appraisal

Manti Holdings LLC v. Authentrix Acquisition Co.,  C.A. 2017-0887-SG (October 1, 2018)

This decision upholds a contractual waiver of appraisal rights entered into at the time the investment was made. That is not new. However, what is important is the focus on the type of transactions that triggered the waiver, with a merger doing so but a stock sale not waiving the right to be carried along. Thus, the terms of the deal once again are critical.