The parties to a friendly merger use deal-protection devices,such as no-talk provisions.The Delaware Supreme Court will generally uphold such devices as long as they:
A) have board approval.
B) preclude any other options.
C) do not permit any type of fiduciary out.
D) do not impair the board's ability to exercise its fiduciary duties.

Question

Quizplus · Accepted Answer

The Delaware Supreme Court will generally uphold deal-protection devices as long as they do not impair the board's ability to exercise its fiduciary duties. The other options listed are not prerequisites for the court's approval of deal-protection devices.

The Parties to a Friendly Merger Use Deal-Protection Devices,such as No-Talk