M&A Law Prof Blog says no.

In short, the market out exception (at least in Delaware) provides that a shareholder does not have appraisal rights if they are receiving stock and not cash for their shares in the target company. M&A Law Prof Blog compares the current state of appraisal (including the market out exception) with the premise that appraisal came about at a time when mergers were generally for stock, and thus appraisal gave one the ability to force (via appraisal) cash consideration instead of stock. The opposite of how the market out exception works today.

The post Does the Market Out Exception Make Any Sense? appeared first on Appraisal Rights Litigation.