A recent decision by the Delaware Supreme Court relating to a merger between two pharmaceutical companies that was terminated before closing could have implications on bank mergers and acquisitions.
On Dec. 7, 2018, the Delaware Supreme Court affirmed the lower court’s ruling in Akorn v. Fresenius Kabi that a Material Adverse Effect (“MAE”) had occurred with respect to Akorn under the terms of its merger agreement with Fresenius.
