The StaRUG provides for a so-called stabilisation order to make it easier for companies to restructure. This is also referred to as a moratorium. We explain the requirements and consequences.
Germany, Company & Commercial, Insolvency & Restructuring, Litigation, GÖRG Partnerschaft von Rechtsanwälten
Introduction
In Huff Energy Fund v. Gershen, C.A. No. 11116-VCS, the Delaware Court of Chancery dismissed a stockholder’s challenge to the board of director’s decision to dissolve the company following an asset sale. The Court ruled that the enhanced scrutiny standards of Revlon and Unocal do not supplant the business judgment rule in the context of a company’s decision to dissolve.
USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, K&L Gates LLP, Shareholder, Fiduciary, Board of directors, Business judgement rule, Unocal Corporation, Delaware Court of Chancery