What Are the Exceptions to the Availability of Appraisal Rights Under Section 262?

Exceptions to the availability of appraisal rights include the denial of appraisal rights when:

1) the merger does not require the approval of the stockholders of such corporation; and

2) shares of any class or series are listed on any national security exchange or held of record by more than 2,000 holders.

These exceptions do not apply in certain circumstances, however.

If you would like to speak to a litigator in Fox Rothschild’s Delaware office, please reach out to Sid Liebesman (302) 622-4237 or Seth Niederman (302) 622-4238.