By Berton Ashman Jr., Christopher Kelly and Mathew Golden (July 31, 2017, 10:44 AM EDT) -- Effective Aug. 1 of last year, Delaware's appraisal statute, Section 262 of the General Corporation Law of the State of Delaware (the DGCL), was amended in response to the recent rise of "appraisal arbitrage" to provide corporations acquired by merger or consolidation the option to prepay a sum of money to stockholders seeking appraisal and thereby limit the accrual of interest on the Court of Chancery's fair-value award. One year later, we review the impact of this amendment on appraisal litigation, offer practice considerations with respect to making prepayment, and question whether prepayment is counterproductive to the legislative purpose of the statutory amendment — discouraging appraisal arbitrage, or at least limiting its adverse effects — and detrimental to the acquisitive companies, financial sponsors and long-term stockholders who are the ultimate payers of the deal tax extracted by arbitrageurs. Further to the last of those topics, we propose a potential alternative to prepayment that, although untested, could be used by a respondent in an appraisal proceeding to argue that no interest should accrue on any fair-value award in favor of arbitrageurs. ...