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Delaware Court of Chancery Decision Casts Doubt on the Value of Continuing Director Change of Control Provisions for Lenders |
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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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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