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In an opinion issued on Oct. 13, 2011, in Krieger v. Wesco Financial Corp., the Delaware Court of Chancery ruled that holders of a target company’s common stock were not entitled to appraisal rights under Section 262 of the Delaware General Corporation Law because they were not “required” pursuant to the terms of the merger agreement to accept a form of merger consideration for which appraisal rights are available under Section 262.

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