Value Determination Accords With Parties’ Contract, Chancery Says

Business Valuation UpdateVol. 22 No. 2
Legal and Court Case Update
February 2016

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2448 Wood Pallets and Skids
321920 Wood Container and Pallet Manufacturing
contract
income approach, discounted cash flow (DCF), fair market value (FMV), market approach, multiple, valuation date, willing buyer, willing seller, comparable transactions method, comparable companies method, stock buyback, valuation
PECO Logistics, LLC v. Walnut Inv. Partners, L.P.
2015 Del. Ch. LEXIS 311
December 30, 2015
US
State Court
Delaware
Court of Chancery
Duff & Phelps (plaintiff); N/A (defendants)
Bouchard

Summary

Court says valuation firm’s determination of value of defendants’ put units accords with agreement to which plaintiff and defendants committed themselves; since contract does not provide for judicial review, court won’t “second-guess” valuator’s judgment.

See Also

PECO Logistics, LLC v. Walnut Inv. Partners, L.P.

Full Text of Court Cases
December 30, 2015

Court says valuation firm’s determination of value of defendants’ put units accords with agreement to which plaintiff and defendants committed themselves; since contract does not provide for judicial review, court won’t “second-guess” valuator’s judgment.