Supreme Court of Delaware

DG BF, LLC v. Ray

August 13, 2020

Summary

The Supreme Court of Delaware refused interlocutory review of the Court of Chancery's decision concerning whether Series D Manager consent was required before issuing Series E financing. The requested consent had already been obtained after the Series D Manager was replaced, rendering the declaratory-judgment issue moot, and the application otherwise failed to satisfy the strict standards for interlocutory certification. The motion for expedited interlocutory review was therefore moot.