Delaware Code
Subchapter IX. Merger, Consolidation or Conversion
§ 261. Effect of merger upon pending actions.

Any action or proceeding, whether civil, criminal or administrative, pending by or against any corporation which is a party to a merger or consolidation shall be prosecuted as if such merger or consolidation had not taken place, or the corporation surviving or resulting from such merger or consolidation may be substituted in such action or proceeding.

Structure Delaware Code

Delaware Code

Title 8 - Corporations

Chapter 1. GENERAL CORPORATION LAW

Subchapter IX. Merger, Consolidation or Conversion

§ 251. Merger or consolidation of domestic corporations [For application of this section, see 79 Del. Laws, c. 327, § 8; 80 Del. Laws, c. 265, § 17; and 82 Del. Laws, c. 256, § 24].

§ 252. Merger or consolidation of domestic and foreign corporations; service of process upon surviving or resulting corporation.

§ 253. Merger of parent corporation and subsidiary corporation or corporations.

§ 254. Merger or consolidation of domestic corporations and joint-stock or other associations.

§ 255. Merger or consolidation of domestic nonstock corporations.

§ 256. Merger or consolidation of domestic and foreign nonstock corporations; service of process upon surviving or resulting corporation.

§ 257. Merger or consolidation of domestic stock and nonstock corporations.

§ 258. Merger or consolidation of domestic and foreign stock and nonstock corporations.

§ 259. Status, rights, liabilities, of constituent and surviving or resulting corporations following merger or consolidation.

§ 260. Powers of corporation surviving or resulting from merger or consolidation; issuance of stock, bonds or other indebtedness.

§ 261. Effect of merger upon pending actions.

§ 262. Appraisal rights [For application of this section, see § 17; 82 Del. Laws, c. 45, § 23; 82 Del. Laws, c. 256, § 24; and 83 Del. Laws, c. 377, § 22].

§ 263. Merger or consolidation of domestic corporations and partnerships; service of process upon surviving or resulting corporation or partnership.

§ 264. Merger or consolidation of domestic corporations and limited liability companies; service of process upon surviving or resulting corporation or limited liability company.

§ 265. Conversion of other entities to a domestic corporation.

§ 266. Conversion of a domestic corporation to other entities [For application of section, see 83 Del. Laws, c. 377, § 23].

§ 267. Merger of parent entity and subsidiary corporation or corporations.