Akorn loses bid to hold Fresenius to merger deal; shares tumble [Reuters]
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Source: Reuters
Akorn loses bid to hold Fresenius to merger deal; shares tumble | Reuters 3 Min Read WILMINGTON, Del (Reuters) - Germany’s Fresenius SE ( FREG.DE ) properly terminated its merger agreement with Akorn Inc ( AKRX.O ), the Delaware Supreme Court said on Friday, sending shares of the U.S generic drugmaker down more than 30 percent. The ruling upholds what was considered a landmark decision from the Delaware Chancery Court in October, which ruled Fresenius could walk away from the deal valued at over $4 billion. That decision came as a surprise since it determined for the first time in Delaware that a buyer had validly terminated a merger after the target’s business took a nosedive, and also because Delaware judges have generally held buyers to merger deals. “In Delaware it’s very hard for a buyer to walk away from a transaction that the buyer has agreed to,” Brooklyn Law School professor Minor Myers told Reuters. “The court is very careful to say (this is) a very unique circumstance w
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