Delaware Adopts Section 251(h) Amendments to Facilitate Two-Step Merger Process

On July 15, 2014, several important amendments to Section 251(h) of the Delaware General Corporation Law (DGCL) were signed into law by Delaware Governor Jack Markell. The amendments address certain interpretive issues that have arisen since the initial adoption of the statute in 2013 and are expected to provide acquirors with increased access to the streamlined back-end merger process provided by Section 251(h). The amended Section 251(h) applies to merger agreements signed on or after August 1, 2014.

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