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3 Sep, 2007 5:44 am
In Highfields Capital, Ltd. v. AXA Financial, Inc., 2007 WL 2410295 (Del. Ch., Aug. 17, 2007), read opinion here, the Chancery Court rejected the expert testimony of the
experts of both parties and arrived independently at its own valuation in this appraisal proceedings pursuant to Section 262 of the Delaware General Corporation Law (Title 8 of the
Delaware Code), in connection with the all-cash, all-shares merger of an insurance company. In this thorough opinion, the court engaged ...
3 Sep, 2007 4:28 pm
Delaware law blogger Francis Pileggi flags Highfields Capital, Ltd. v. AXA Financial, Inc., 2007 WL 2410295 (Del. Ch., Aug. 17, 2007), an opinion by VC Stephen Lamb that
addresses in considerable detail yet with excellent clarity the appraisal remedy. Lamb provides a concise review of the relevant legal principles governing a Delaware appraisal
proceeding, reviews the testimony of experts, rejects the expert tetimony from both sides, and then ...
17 Aug, 2007 2:51 pm
Highfields Capital LTD. v. AXA Financial Inc., C.A. No. 804-VCL (August 17, 2007). This decision illustrates the point that in an appraisal proceeding the type of business
involved may lead to a different approach to valuation. Typically, Delaware courts use the discounted cash flow method to set an appraisal value. Here, however, the Court held that a
combined sum of the parts and shared synergies analysis was more appropriate for an insurance company valuation.
17 Aug, 2007 2:51 pm
Highfields Capital LTD. v. AXA Financial Inc., C.A. No. 804-VCL (August 17, 2007). This decision illustrates the point that in an appraisal proceeding the type of business
involved may lead to a different approach to valuation. Typically, Delaware courts use the discounted cash flow method to set an appraisal value. Here, however, the Court held that a
combined sum of the parts and shared synergies analysis was more appropriate for an insurance company valuation.
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