Notebook update: Reverse triangular merger might be an assignment of a contract, requiring consent
Just updated the Notebook
with a citation to a case in which the Delaware Chancery Court refused to rule out the possibility that a reverse triangular merger could act as an assignment of a contract, requiring consent. See Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH
, No. 5589-VCP
(Del. Ch. Apr. 8, 2011) (denying motion to dismiss). See also the discussion of this opinion
by Katherine Jones of the Sheppard Mullin law firm.