"All or Substantially All" in an Asset Disposition | Practical Law
A Practice Note discussing what "all or substantially all" means in the context of asset dispositions. This Note examines Delaware and New York case law applying the qualitative, quantitative, and ordinary course of business tests in single transactions, and the end result, interdependence, and binding commitment tests in a series of transactions, to evaluate if a sale constitutes a disposition of all or substantially all of a corporation's assets.