The Delaware Chancery Court’s recent determination of the fair value of Dell Inc. (In re Appraisal of Dell Inc., C.A. No. 9322-VCL (Del. Ch. May 31, 2016)) has prompted a strong response and valid concerns over the potential impact of the decision not only on the outcomes of future appraisal proceedings under Delaware law, but also on the terms of pending or potential transactions being negotiated under the specter of a possible appraisal action. Such concerns are unwarranted and unnecessary under Nevada law, which yields a much more definitive and predicable result.
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