On February 11, 2020, the Delaware Court of Chancery denied, in part, the motions of defendants Clayton Dubilier & Rice LLC ("CD*R"), and its affiliates, and certain directors of NCI Building Systems, Inc. ("NCI") to dismiss Plaintiff's Amended Complaint (the "Complaint"). Plaintiff's Complaint alleges that CD&R and certain NCI directors breached their fiduciary duties in connection with CD&R's acquisition of NCI in 2018. Specifically, the Complaint alleges that when negotiating the deal, NCI's controlling stockholder--private equity firm CD&R -- pressed for terms that valued New Ply Gem's equity at nearly $1.236 billion, roughly $600 million more than the price that CD&R paid for New Ply Gem just three months earlier.
A copy of the Court's Memorandum Opinion can be accessed here.