The Deal Prof has a run-down on the Airgas decision. He has it about
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)
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Airgas Bylaw Reversed by Delaware Supreme Court by
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