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
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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