Uncertain Business Model on Merger Date Justifies Use of Income and NAV Models, Court Says

BVLaw
Court Case Digests
September 29, 2020
8351 Child Day Care Services
624410 Child Care Services
shareholder dissent/oppression
expert testimony, fair value, net asset value, breach of fiduciary duty, capitalization of earnings, entire fairness, fair market value (FMV), merger, real estate, statutory appraisal, valuation date

In re Happy Child World, Inc.
2020 Del. Ch. LEXIS 302, 2020 WL 5793156
US
State Court
Delaware
Court of Chancery
David Ford (BV expert), Douglas L. Nickel (real estate appraiser) (majority shareholder); Victor S. Pelillo (petitioners/minority shareholders)
Slights

Summary

In an entire-fairness-cum-statutory-appraisal case involving nonoperating day care center whose facility was leased on merger date, court approves use of capitalization of earnings and NAV models and averaging results to determine fair value; business model was uncertain on merger date, court notes.

See Also

In re Happy Child World, Inc.

In an entire-fairness-cum-statutory-appraisal case involving nonoperating day care center whose facility was leased on merger date, court approves use of capitalization of earnings and NAV models and averaging results to determine fair value; business model was uncertain on merger date, court notes.