But Did the Lawyers Say You Could Close?

But Did the Lawyers Say You Could Close?

      Earlier this fall, a Delaware court considered whether certain agreements, signed and delivered amongst the parties, were truly effective to memorialize a deal. In this instance, it was determined that because the documents were incomplete, no valid agreement came into place. In furtherance thereof, in that the court had jurisdiction over one of the parties only pursuant to a consent set forth in one of those unenforceable agreements, it lacked jurisdiction to fully adjudicate the merits.  Eagle Force Holdings, LLC v Campbell, Mem. Opinion, C.A. No. 10803-VCMR, 2017 WL 3833210 (Del. Ch. Sept. 1, 2017).

      This decision has been reviewed by Peter Mahler in his blog New York Business Divorce in a posting titled Don't Let the Deal Get Ahead of the Documents (Sept. 18, 2017). HERE is a link to that posting.