litigation
confidence high
sentiment negative
materiality 0.75
Delaware court enjoins DXL from terminating FBB merger pact; outside date Oct. 30, 2026
DESTINATION XL GROUP, INC.
- Court of Chancery granted FBB's motions for a temporary restraining order and to expedite at an Oct. 29, 2026 hearing in FBB Holdings I, Inc. v. Destination XL Group, C.A. No. 2026-1411-KHL.
- Injunction bars DXL from exercising its right to terminate the Dec. 11, 2025 merger agreement pending further expedited rulings; the TRO is temporary and not a merits determination.
- Section 8.01(e) of the merger agreement allows either DXL or FBB to terminate if the merger is not consummated by Oct. 30, 2026.
- FBB filed its complaint Oct. 26, 2026 seeking declaratory and injunctive relief; DXL answered and asserted counterclaims Oct. 28, saying FBB's claims are without merit.