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acquire acquisition Alcatel alleged amendments appraisal rights assets Bebchuk board of directors breach burden business judgment rule by-law cash out merger cash-out Celwave Chancellor Chancery's Chapter claims client Conrail's consider Corp corporate law corporation statutes corporation's Court of Chancery decision defendants Del.Ch Del.Supr Delaware corporation Delaware law Delaware Supreme Court Delayed Redemption Provision derivative suit determine DGCL Disney dissenting dividends Eisner Employment Agreement entire fairness fact fair dealing fair price fair value federal fiduciary duty holders incorporation Independent Committee insider trading interest intrinsic fairness involved issue Kahn LaFrance lawyer Lehman Brothers limited liability litigation Lynch majority Mentor minority shareholders minority stockholders negotiations Ovitz parties person plaintiffs poison pill proposed purchase Quickturn remand remedy RMBCA Section shareholder rights plans shareholders shares Signal Sinclair Sinven standard statutory merger subsidiary takeover tender offer tion transaction unfair UOP's valuation Weinberger