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5/11/2009

START DATE

END DATE

5/13/2009

Validus Holdings Ltd. v. IPC Holdings Ltd. IPC Limited and Max Capital Group Ltd.

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda

Corporate Law Mergers and Acquisitions

Richard Ground Chief Justice

Plaintiff's Lawyers: Richard Snowden Q.C. John Riihiluoma

Defendant's Lawyers: Robert Hildyard Q.C. Allan W. Dunch David Chivers Q.C. Christian Luthi

FACTS OF THE CASE:

Dispute over terms and legality of a proposed merger between IPC Holdings Ltd. and Max Capital Group Ltd. and an alternative proposal by Validus Holdings Ltd.

SUMMARY:

Legality of termination fee and 'no-talk' provision in Max Amalgamation Agreement breach of directors' duties shareholders' rights

OUTCOMES:

Outcome: Application for expedited trial dismissed

RULED IN FAVOUR OF:

Defendants

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Validus Holdings Ltd. v. IPC Holdings Ltd. IPC Limited and Max Capital Group Ltd.

Dispute over terms and legality of a proposed merger between IPC Holdings Ltd. and Max Capital Group Ltd. and an alternative proposal by Validus Holdings Ltd.

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