M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Tuesday, November 2, 2010

Airgas and the Supremes

You'll remember that Airgas lost in the Chancery Court on the question whether or not the terms of its staggered board were for three calendar years or for that period of time required for three shareholder meetings to occur.  The two turn out to be different.  They've taken that issue to the Delaware Supreme Court where no doubt they will be making another version of the argument that the court should not interpret the plain language of the charter but rather a more ... common understanding.  As I noted before, that's not an argument that will likely carry the day.  Nevertheless, they are before the court this morning and, thanks to the crew over at Courtroom View Network, I'll be watching live. 

Given that the board of Airgas has already begun "discussions" of a sort with Air Products one wonders why they are pursuing this appeal.   I suppose if they win, they think they can just walk away from the talks about the talks. 

Anyway, oral argument is scheduled for 10:00am.


Update:  10:00am - tomorrow, Nov. 3!  That's what happens when you're on leave.  The calendar becomes a blur. 


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