Article
Delaware Supreme Court Upholds Chancery Court in Approval of Shareholder Rights Plan with a 4.99% Trigger Designed to Protect NOLs
In its recent decision in Versata Enterprises, Inc. and Trilogy, Inc. v. Selectica, Inc., the Delaware Supreme Court upheld a decision by the Delaware Court of Chancery approving the adoption of a shareholder rights plan with a 4.99% trigger designed to preserve the potential value of net operating losses (NOLs), as well as the subsequent exercise of the plan's exchange mechanism and the adoption of a further rights plan with a 4.99% trigger.
Davies Ward Phillips & Vineberg LLP


