When considering how to structure a deal – consider appraisal. That’s one of the takeaways from a detailed M&A presentation by lawyers at Morgan Lewis. As we’ve covered before, the existence of appraisal rights, how they may be exercised, and what percentage of shareholders may exercise appraisal rights are considerations for deal lawyers and, of course, the buyer itself. Whether that concern takes the form of simply considering appraisal in the overall process, or even structuring an entire deal in such a way that avoid appraisal rights, the fact is that appraisal must be part of M&A considerations.
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