M&A WATCH: JUST DESERTS…DELAWARE COURT OF CHANCERY ORDERS CLOSING OF CAKE SUPPLIER ACQUISITION

On April 30, 2021, then-Vice Chancellor Kathaleen McCormick of the Delaware Court of Chancery struck a “victory for deal certainty” in Snow Phipps Group, LLC v. KCake Acquisition, Inc. (Del. Ch. April 30, 2021), in ordering specific performance to compel the investment funds of Kohlberg & Company, LLC (the “buyers”) to close the $550 million acquisition of DecoPac Holdings Inc. (“DecoPac”), a supplier and marketer of cake decorating products, upon finding that the buyers breached their obligation to use reasonable best efforts in connection with the debt financing for the acquisition.

Read the full memo, “Just Deserts…Delaware Court of Chancery Orders Closing of Cake Supplier Acquisition.”