Steve Bainbridge was a good sport, as usual, and shared with me his recent comments on DGCL § 262(h)’s exclusion of value arising from the accomplishment or expectation of the merger. I sent him a few reactions, more or less as set forth below:
Larry's the acknowledged expert in the field, with multiple articles in this area. But I'm still puzzled as to what elements of future value can be included in the appraisal price and how you tell the difference between them and synergistic values.