In a recent article appearing in The Delaware Business Court Insider, co-authored with my colleague Chauna Abner, we discussed a recent Delaware Chancery decision that found a fully-executed agreement, based on extrinsic evidence, was not intended by both parties to be a binding contract. This, of course, is somewhat counterintuitive, but provides a helpful cautionary tale for those involved in corporate and commercial litigation. In Eagle Force Holdings v. Campbell, No. 10803-VCMR (Del. Ch. Aug. 29, 2019), the Court of Chancery refused to enforce an LLC Agreement that was marked “draft” at the top. The Court also examined surrounding circumstances such as the prior practice of the parties, which led the Court to find that the document did not reflect what the parties considered to be a final commitment.