Mark E. Felger, left, and Kaan Ekiner, right, of Cozen O'Connor. Courtesy photosThe Importance of Contractual Language in Analyzing Post-Closing Earnout Disputes
A recent Delaware Superior Court decision emphasizes the importance of the language in the parties’ contract in assessing the buyers’ efforts with respect to the earnout.
January 08, 2025 at 12:41 PM
6 minute read
Delaware courts have increasingly been faced with disputes over post-closing earnouts where the sellers argue that the buyers did not do enough to maximize the sellers’ potential earnout. A recent Delaware Superior Court decision emphasizes the importance of the language in the parties’ contract in assessing the buyers’ efforts with respect to the earnout.
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