Supreme Court of Delaware

Davis Broadcasting of Atlanta, L.L.C.

March 4, 2016

Summary

The Court affirmed summary judgment for the Radio One entities, holding that their contractual right to terminate remained available until the FMAs and Engineering Exhibits were actually filed. Davis could not reasonably separate an extension of the filing date from the linked termination right, and the duty to use commercially reasonable efforts did not arise before filing and expiration of the termination right.