Vice Chancellor Glasscock issued yesterday this AOL ruling on reconsideration, lowering his prior $48.70 determination to $47.08 — going farther below the $50 merger price — on the basis that he had overvalued one of AOL’s pending transactions in his DCF analysis.
The court prefaced its ruling by expressing its displeasure at both parties having moved for reargument, which the court found “rarely efficient or productive” and “encourages run-on litigation.” Underscoring that point, the court found that “[u]nlike revenge, justice is a dish that is best served warm.”
The court otherwise declined to revisit its prior determination on the other pending transaction and declined to decrease to 3.25% its prior use of a 3.5% perpetuity growth rate: “I may have gotten it wrong, but that is a matter for appeal, not reargument.”