Delaware Disputed Accounted Settlement

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US-02777BG
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Parties may agree to a different performance of a contract This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged. In order for there to be an accord and satisfaction, there must be a bona fide dispute; an agreement to settle the dispute; and the performance of the agreement. The parties might settle for less than the amount called for under the contract.
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FAQ

The disputed December 2018 transaction involved a stock swap related to Dell's interest in software maker VMware. Dell paid $14 billion in cash and issued 149.4 million Class C shares in exchange for outstanding Class V shares, which tracked VMware's publicly traded stock.

Huge $266.7M legal fee approved in $1B Dell settlement; which law firms will benefit? In federal courts, awards between $500 million and $1 billion typically lead to fees of less than 18%, while settlements above $1 billion yield a median fee of 10.5%, ing to Reuters.

Perhaps the biggest challenge Dell is facing right now is its ability to innovate, Vellante said. Although the company has spent billions of dollars on research and development, the problem is that most of the innovation in tech right now is being driven by developers rather than companies.

The lawsuit, filed in 2018, took aim at a $23.9 billion transaction earlier the same year that consolidated Dell's control of VMWare Inc. by converting one class of shares into another and capping the number that could be redeemed for cash.

Executives blamed the decline on the reluctance of large enterprises to commit to big deals. ?What has not recovered yet is the large bids from the largest customers,? said Co-Chief Operating Officer Chuck Witten. ?Enterprises continued to be cautious in their spending.?

Nov 16 (Reuters) - Dell Technologies Inc (DELL. N) on Wednesday said it reached a $1 billion settlement of a lawsuit accusing it of short-changing some shareholders in a controversial $23.9 billion transaction in 2018 that marked its return as a publicly traded company.

§ 341. Matters and causes in equity. The Court of Chancery shall have jurisdiction to hear and determine all matters and causes in equity. Code 1852, § 1932; Code 1915, § 3844; Code 1935, § 4367; 10 Del.

The covenant not to sue was set forth in a customary drag-along provision in a stockholders' agreement, which provided that if specified board and stockholder approvals were obtained, the signatory stockholders agreed to take various actions in support of the transaction, including voting in favor of the transaction.

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Delaware Disputed Accounted Settlement