March 12, 2013
Delaware Denies Another Expedited Challenge
John Grossbauer of Potter Anderson notes: In In re Bioclinica, Delaware Vice Chancellor Glasscock denied expedition in a challenge to the proposed sale of Bioclinica. The Vice Chancellor commented on the deal protections at issue here, finding not colorable a claim that standstills that permitted a topping tender offer after an announced deal were preclusive when combined with a poison pill and customary match rights and termination fees, noting the board retained the right to accept a superior proposal and to redeem the pill in that context.
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