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The (Failed) Failing Business Exception: Stockholders’ Right to Vote on Asset TransfersPublication, July 20, 2022The Delaware Supreme Court’s decision in Stream T.V. Networks, Inc. v. SeeCubic, Inc. ushers in a new era for stockholders’ rights when insolvent corporations restructure outside of conventional bankruptcy proceedings. Though, in theory, these changes seem to further the democratization of corporations, in practice, the decision may impair Delaware corporations and their creditors from effectuating consensual restructurings.
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