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EXELON GENERATION ACQUIS. v. DEERE & CO.

No. 28, 2017.

176 A.3d 1262 (2017)

EXELON GENERATION ACQUISITIONS, LLC, Defendant Below, Appellant/Cross-Appellee, v. DEERE & COMPANY, Plaintiff Below, Appellee/Cross-Appellant.

Supreme Court of Delaware.

Decided: December 18, 2017.

Attorney(s) appearing for the Case

David J. Margules, Esquire , BALLARD SPAHR LLP, Wilmington, Delaware; Matthew E. Price, Esquire , (argued), JENNER & BLOCK LLP, Washington, D.C.; Geoffrey A. Kahn, Esquire , Matthew A. White, Esquire , Of Counsel, BALLARD SPAHR LLP, Philadelphia, Pennsylvania, Attorneys for Defendant Below, Appellant/Cross-Appellee.

Peter J. Walsh, Jr., Esquire , (argued), Matthew F. Davis, Esquire , Jacob R. Kirkham, Esquire , POTTER ANDERSON & CORROON LLP, Wilmington, Delaware, Attorneys for Plaintiff Below, Appellee/Cross-Appellant.

Before STRINE, Chief Justice; VALIHURA, SEITZ, and TRAYNOR, Justices; and GLASSCOCK, Vice Chancellor, constituting the Court en banc.

When Exelon Generation Acquisitions purchased Deere & Company's wind energy business, it agreed to make earn-out payments to Deere if it reached certain milestones in the development of three wind farm projects that were underway at the time of the sale. One of the projects was the Blissfield Wind Project, which was defined...

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