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Appraisal Decision Sole Reliance on Merger Price: PetSmart

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Posted by Gail Weinstein and Brian T. Mangino, Fried, Frank, Harris, Shriver & Jacobson LLP, on Friday, June 2, 2017
Editor's Note: Gail Weinstein is senior counsel and Brian T. Mangino is a partner at Fried, Frank, Harris, Shriver & Jacobson LLP. This post is based on a Fried Frank publication by Ms. Weinstein, Mr. Mangino, Steven J. SteinmanChristopher EwanDavid L. Shaw, and Scott B. Luftglass. This post is part of the Delaware law series; links to other posts in the series are available here.

In In re Appraisal of PetSmart, Inc. (May 26, 2017), which related to the acquisition of PetSmart, Inc. (the “Company”) by funds managed by private equity firm BC Partners, Inc., the Delaware Court of Chancery determined “fair value” for appraisal purposes to be equal to the merger price.

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