M&A Agreements: Del. Chancery Reminds Drafters That Recitals Aren’t Binding
M&A Agreements: Del. Chancery Reminds Drafters That Recitals Aren’t Binding

The Delaware Chancery Court recently provided a reminder to those drafting acquisition agreements that if you want to create a contractually binding obligation, the recitals section of the agreement isn’t generally the place to do it.  In Feeney Brothers Excavation Trust v. Artera Services, (Del. Ch.; 7/26), the Court rejected claims that a buyer breached […]

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