Document: LaPoint v. AmerisourceBergen Corp., C.A. No. 327-CC (Del. Ch. Sept. 4, 2007)
The Court awarded nominal damages to the plaintiff merged corporation relating to breaches of a provision of a merger agreement requiring the defendant acquiring corporation to promote the plaintiff’s product, and $21 million in damages relating to “earnout” payments that resulted from the defendant’s miscalculation of the plaintiff’s EBITDA.