Mills Acquisition Co. v. MacMillan, Inc.

MOORE, Justice.

In this interlocutory appeal from the Court of Chancery, we review the denial of injunctive relief to Mills Acquisition Co., a Delaware corporation, and its affiliates Tendclass Limited and Maxwell Communications Corp., PLC, both United Kingdom corporations substantially controlled by Robert Maxwell. 1 Plaintiffs sought control of Macmillan, Inc. (“Macmillan” or the “company”), and moved to enjoin an asset option agreement — commonly known as a “lockup” — between Macmillan and Kohl-berg Kravis Roberts & Co. (“KKR”), an investment firm specializing in leveraged buyouts. The…