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Delaware Court of Chancery Decision Casts Doubt on the Value of Continuing Director Change of Control Provisions for Lenders



by John F. Lawlor
Mayer Brown LLP - Chicago Office

Robert C. Baptista
Mayer Brown LLP - Chicago Office

June 26, 2009

Previously published on June 22, 2009

The Delaware Court of Chancery's decision in San Antonio Fire & Police Pension Fund v. Amylin Pharmaceuticals, Inc. raises serious concerns for lenders regarding the protection afforded by "continuing director" change of control provisions in indentures and credit agreements.


 

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