MERION CAPITAL LP v. BMC SOFTWARE, INC.

C.A. No. 8900-VCG.

MERION CAPITAL LP and MERION CAPITAL II LP, Petitioners, v. BMC SOFTWARE, INC., Respondent.

Court of Chancery of Delaware.

Decided: January 5, 2015.


Attorney(s) appearing for the Case

Steven T. Margolin , Marie M. Degnan , and Phillip R. Sumpter , of ASHBY & GEDDES, Wilmington, Delaware, Attorneys for Petitioners.

Collins J. Seitz, Jr. , David E. Ross , and S. Michael Sirkin , of SEITZ ROSS ARONSTAM & MORITZ LLP, Wilmington, Delaware; OF COUNSEL: Yosef J. Reimer, P.C. , Devora W. Allon , and Ryan D. McEnroe , of KIRKLAND & ELLIS LLP, New York, New York, Attorneys for Respondent.


MEMORANDUM OPINION

SAM GLASSCOCK, III, Vice Chancellor.

This action, and a similar case in which I am simultaneously issuing a memorandum opinion,1 concern an interpretation of the standing requirements under the appraisal statute, 8 Del. C. § 262, as amended in 2007. The respondent company alleges that the amendment altered those standing requirements, which precludes the petitioning stockholders...

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