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Appraisal Rights Litigation Blog

Proposed Appraisal Amendments Might Increase Filings

Posted in Dollar Amount of Appraisal Rights Filings, Interest on Appraised Value, Prepayment of Merger Consideration, Short-Form Merger

Today’s New York Times ran this piece analyzing the proposed Delaware amendments on appraisal proceedings, which we blogged about last weekThe New York Times shares our own observation that the proposed legislation’s provision allowing for prepayment by the M&A target could have the unintended effect of increasing appraisal filings: “Rather than discourage appraisal petitions, the elimination of interest accrual through prepayment may actually spur more appraisal actions because hedge funds would be paid sooner and be able to use that money to bring more appraisal actions.”