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Section 262 of the Delaware General Corporation Law

King Washington Section 262 of the Delaware General Corporation Law

Name: King Washington Section 262 of the Delaware General Corporation Law
Brand: US Legal Forms
Rating: 4.66 (346 reviews)

Category:

Corporations - Mergers and Acquisitions

State:

Multi-State

County:

King

Control #:

US-CC-12-829

Format:

Instant download

Description

This is a multi-state form covering the subject matter of the title.

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An appraisal right is a legal right of a company's shareholders to demand a judicial proceeding or independent valuation of the company's shares with the goal of determining a fair value of the stock price.

The DGCL provides for mandatory appraisal rights in certain circumstances in connection with a merger or consolidation while the LLC Act provides that appraisal rights do not exist except when those rights are specifically provided for in the company agreement or an agreement of merger.

An appraisal right is the statutory right of a corporation's shareholders to have a judicial proceeding or independent valuator determine a fair stock price and oblige the acquiring corporation to purchase shares at that price.

6 Appraisal waivers allow issuers to limit or eliminate appraisal rights, thereby reducing the cost and uncertainty of appraisal ex ante. Private companies are implementing appraisal waivers through contractual provisions that include drag-along rights, fair price provisions and explicit appraisal waivers.

As explained by the Supreme Court, the appraisal right is exercised by any stockholder who has voted against the proposed corporate action by making a written demand on the corporation within 30 days after the date on which the vote was taken for the payment of the fair value of his shares.

By providing for appraisal rights, a jurisdiction like Delaware provides investors with a powerful tool to protect the value of their investment against unfair, opportunistic or simply ill-timed bids by allowing the investor to require a court to determine the fair value of the securities notwithstanding the

(e) As used in this section, the term successor entity shall include any trust, receivership or other legal entity governed by the laws of this State to which the remaining assets and liabilities of a dissolved corporation are transferred and which exists solely for the purposes of prosecuting and defending suits, by

MBCA section 13.02(a) lists five mandatory appraisal triggers, each of which specifically defines events that require the corporation to offer its shareholders appraisal rights: (1) mergers, (2) share exchanges, (3) dispositions of assets, (4) amendments to the articles, and (5) conversion or domestication.

Both Texas and Delaware require every corporation to have Bylaws. You do not need to publicly file the Bylaws in either state, but you must create, retain, and follow them.

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Respect to such shares in accordance with Section 262 of the DGCL. Institute of Laboratory Animal Resources (U.National Science Foundation (U.

King Washington Section 262 of the Delaware General Corporation Law

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How to fill out King Washington Section 262 Of The Delaware General Corporation Law?

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What are the grounds of appraisal rights?

Do Delaware LLCS have appraisal rights?

What are appraisal rights?

Can I contract out of appraisal rights?

When can a stockholder exercise appraisal right?

What are appraisal rights under Delaware law?

What is a successor under Delaware law?

What triggers appraisal rights?

Are bylaws required under Delaware law?

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What is King Section 262 of the Delaware General Corporation Law?

Who can exercise appraisal rights under King Section 262?

What are appraisal rights?

When can shareholders exercise appraisal rights under King Section 262?

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What is the process for exercising appraisal rights under King Section 262?

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