Del. Trial Disputing Pandemic's Alleged Effect on Merger Cancelled After $1.43B Agreement
The agreement settles claims that were set to be addressed by the Delaware Court of Chancery in what would have been the first trial to consider COVID-19's effects on a company as a potential material adverse event that could warrant another company backing out of a deal.
July 16, 2020 at 06:07 PM
3 minute read
The original version of this story was published on Delaware Business Court Insider
Cybersecurity company Forescout Technologies Inc. and private equity company Advent International won't be going to trial this summer in Delaware, instead announcing Wednesday their closure of a $1.43 billion merger agreement.
The agreement settles claims that were set to be addressed by the Delaware Court of Chancery in what would have been the first trial to consider COVID-19′s effects on a company as a potential material adverse event that could warrant another company backing out of a deal.
In May, Advent International informed San Jose, California-based Forescout Technologies it would not be proceeding with the previously-agreed-upon $1.9 million deal, citing the impact of the pandemic on the company. Forescout Technologies maintained the deal didn't constitute a material adverse event as defined in the agreement and filed the case in May.
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