Airgas: Potato, Potahto

Airgas: Potato, Potahto

The Deal Prof has a run-down on the Airgas decision.  He has it about right: 

The signal this reversal sends is that it basically says don't worry about the language of your contracts so long as everybody "knows" what it means.

Potato, potahto, tomato, tomahto. Let's call the whole thing off ...  But you know, for the life of me, I can't figure out what motivated the court to take this path with the decision. 

  Potatoes (or possibly potahtoes)

Visit the M&A Law Prof Blog, hosted by Brian JM Quinn, for blogs on legal developments in corporate governance and mergers & acquisitions.

See also: 

Airgas Bylaw Reversed by Delaware Supreme Court by Brian Quinn

Delaware Supreme Court Rules in Favor of Airgas on Annual Meeting Bylaw Issue by Francis Pileggi

Delaware Supreme Court Hears Argument on Airgas' Appeal Regarding Bylaw Amendment and Stockholders' Meeting by Francis Pileggi