Minnesota Article 13 - Dissenters' Rights
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The common law doctrine of merger, and not this section, applies whenever, after ownership of any of the real property is severed, all of the real property burdened or benefited by an easement, condition, restriction, or other servitude again is owned by a common owner.
A dissenter is entitled to judgment in cash for the amount by which the fair value of the shares as determined by the court, plus interest, exceeds the amount, if any, remitted under subdivision 5, but shall not be liable to the corporation for the amount, if any, by which the amount, if any, remitted to the dissenter ...
For the purposes of Module TMA, dissenting shareholder means any shareholder and convertible securities holder, who has not accepted a take-over offer and any shareholder who has failed or refused to transfer shares to an acquirer in ance with a take-over offer.
Dissenters' rights ensure a shareholder that they can sell their shares at fair value in the event that a company takes a decision that they do not agree with. Dissenters' rights are guaranteed under state corporate law.
The lesser of the two offenses, generally, will be merged and the greater offense will be charged. This avoids double jeopardy issues. For example, if charged with robbery and larceny, the larceny charge will merge and robbery will be the only charge.
In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offenses will drop out, and the defendant will only be charged with the greater offense.
However, over the years, three primary exceptions to this doctrine have been recognized by the courts: (1) mutual mistake; (2) misrepresentation; and (3) where a contractual provision in a preceding transaction document provides an independent or collateral undertaking, apart from the purpose of the deed.
In the law of real property, the merger doctrine stands for the proposition that the contract for the conveyance of property merges into the deed of conveyance; therefore, any guarantees made in the contract that are not reflected in the deed are extinguished when the deed is conveyed to the buyer of the property.