This article analyzes the language of an important section of a non-disclosure agreement entered into between two materials companies; the provision in question is now central to litigation between the two parties. The article points out that the choice of a preposition in a crucial section of the agreement has led to a proposed hostile acquisition being halted in its tracks by a Delaware court and uses this to illustrate how much seemingly boilerplate language can matter in certain circumstances.
- Summary by FizzLaw Team
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NDA as Poison Pill