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IN RE SS & C TECHNOLOGIES, INC.

C.A. No. 1525-N.

911 A.2d 816 (2006)

In re SS & C TECHNOLOGIES, INC., SHAREHOLDERS LITIGATION.

Court of Chancery of Delaware, New Castle County.

Decided: November 29, 2006.

Attorney(s) appearing for the Case

Norman M. Monhait, Esquire, Carmella P. Keener, Esquire, Rosenthal, Monhait & Goddess, P.A., Wilmington, Delaware; Jonathan M. Stein, Esquire, Stuart A. Davidson, Esquire, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, Boca Raton, Florida; Richard B. Brualdi, Esquire, The Brualdi Law Firm, New York, New York, Attorneys for the Plaintiffs.

R. Judson Scaggs, Jr., Esquire, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, Delaware, Attorneys for Defendants SS & C Technologies, Inc., William C. Stone, William C. Hunter, David W. Clark, Jr., Joseph H. Fisher, Albert L. Lord, and Jonathan M. Schofield.

Raymond J. DiCamillo, Esquire, Richards, Layton & Finger, P.A., Wilmington, Delaware, Attorneys for Defendant Sunshine Acquisition Corp.

OPINION

LAMB, Vice Chancellor.

I.

In October 2005, the parties to this litigation, challenging a management led cash-out merger, entered into a memorandum of understanding, agreeing to settle the case based entirely on the inclusion in the merger proxy statement of certain supplemental disclosures. This agreement was reached after a document demand was served but before any depositions were taken. The proxy supplement was mailed and the...

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