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ARCHKEY INTERMEDIATE HOLDINGS INC. v. MONA

C.A. No. 2021-0383-JTL.

302 A.3d 975 (2023)

ARCHKEY INTERMEDIATE HOLDINGS INC., Plaintiff/Counterclaim Defendant, v. Vincent P. MONA, Defendant/Counterclaim Plaintiff.

Court of Chancery of Delaware.

Date Decided: October 3, 2023.

Attorney(s) appearing for the Case

James D. Taylor & Gary W. Lipkin , SAUL EWING LLP, Wilmington, Delaware; Javier J. Rodriguez , SAUL EWING LLP, Miami, Florida; Jennifer L. Therrien , GREENSFELDER, HEMKER & GALE, P.C., St. Louis, Missouri; Attorneys for Plaintiff/Counterclaim Defendant.

Timothy R. Dudderar , Aaron R. Sims , & Abraham C. Schneider , POTTER ANDERSON & CORROON LLP, Wilmington, Delaware; Attorneys for Defendant/Counterclaim Plaintiff.

OPINION ON ACCOUNTANT TRUE-UP MECHANISM

A fully integrated stock purchase agreement calls for an independent accountant to resolve disputes about a post-closing price adjustment. The operative provision states that the independent accountant "shall act as an arbitrator."

The purchaser has moved to compel arbitration...

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