The Delaware Court of Chancery is striking back against “new wave” stockholder agreements, which feature stockholder preapproval rights and board restrictions, rather than covenants among stockholders regarding traditional stockholder rights.
Emily J. Yukich and Jonathan Dolgin examined the ruling in a new client alert, “No More Board Games: Delaware Court of Chancery Strikes Down Provisions in Stockholder Agreement that Restrict Board’s Statutory Authority.”
Read more here.