Anti-Assignment Clause Prohibiting Assignment by Operation of Law Applies to Subsequent Merger

Barry Klayman and Mark Felger writing in the Delaware Business Court Insider, discuss a recent decision by the Superior Court of Delaware holding that an anti-assignment clause prohibiting an assignment “by operation of law” without the other party’s consent applied to a subsequent merger in which the contracting party was not the surviving entity. The article also discusses some ways the parties could have avoided that result.  

To read the article, click here.

Share Page On LinkedIn

Related Attorneys

Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

(302) 295-2087

Barry M. Klayman

Of Counsel

(302) 295-2035

Related Practices