The Implications of Netsmart for Private Companies

January 2008

Publication| Corporate Transactions| Corporate & Chancery Litigation

This article examines the implications of the Court of Chancery’s opinion in Netsmart to private company M&A transactions, particularly with respect to the nature of the target company’s marketing process pre-signing (including the extent to which the board surveyed likely financial and strategic buyers) and the meaningfulness of the board’s post-signing fiduciary out.

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