Document: United Rentals, Inc. v. RAM Holdings, Inc., C.A. No. 3360-CC, Chandler, C. (Del. Ch. Dec. 21, 2007)

The Court denied the plaintiffs’ motion for summary judgment where it found that a merger agreement was ambiguous, and after a two day trial found that the plaintiffs’ failed to meet their burden to specifically enforce the merger agreement.  Applying the forthright negotiator principle, the Court found that the plaintiffs had not adequately informed the defendants of their understanding that the merger agreement included a right to specific performance.