The Delaware Court of Chancery, in LVI Group Investments, LLC v. NCM Group Holdings, LLC, et al., C.A. No. 12067-VCG, memo. op. (Del. Ch. Dec. 31, 2019), found that a survival clause, which permitted representations and warranties — and “indemnity with respect thereto” — to survive a contractual limitation period, preserved fraud claims challenging warranties.
$$$ Law360 discusses the decision in Del. Judge Sends Demolition Cos.’ Merger Suit Toward Trial.