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Focus on New Jersey Appraisal

Appraisal Rights

While Delaware isn’t the only state offering appraisal rights, not all of the remaining 49 states are appraisal-equal. New Jersey offers very little in terms of shareholder appraisal rights. Of course, valuation–the cornerstone of appraisal–does not require an appraisal case to be critical. 14A:11-1(a)(i)(A).

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BUSINESS VALUE vs. UNDERLYING ASSETS

The Mentor Group

Can you value a business without appraising the underlying assts? In fact, most business valuations are not all premised upon any specific asset values. Thus, the business valuation assumes that certain of these assets are viable and contribute to overall enterprise value. The answer is yes.

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Breaking Down the Delaware Supreme Court’s DFC Global Decision**

Appraisal Rights

In resolving the “record-specific argument” about the role of the deal price in this case, the Supreme Court directed the chancery court to reconsider its approach and disagreed with chancery that regulatory headwinds facing DFC Global undermined the reliability of market prices in this case.