M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Tuesday, February 22, 2011

Once more into the MAC breach!

Once more unto the MAC breach, dear friends, once more;
Or close the wall up with our dead deals.  With apologies to Shakespeare.

So Frontier and Holly have - nearly seven years later decided to try again - announcing a merger of equals today.   The last time these two tried a merger, they ended up in court with Holly calling MAC, I mean MAE, and Frontier arguing that Holly had repudiated the deal.  ( Download Frontier v Holly)  As a result of that case, Delaware adopted the MAC standard in IBP v Tyson (a case heard in Delaware, but involving NY law).  Here's hoping that things go better this time around.




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