Delaware corporations that have adopted, or are considering adopting, exclusive forum bylaws should consider clearly providing in the text of the bylaw that the board may waive the bylaw or otherwise consent to another jurisdiction on a unilateral basis. In recent remarks, members of the Delaware Court of Chancery noted that some Delaware corporations have waived their exclusive forum bylaws in order to pursue what they deemed to be an attractive settlement in an alternative jurisdiction. The justices questioned whether such a waiver would withstand a challenge by stockholders if the bylaw did not explicitly state that it may be waived by the board unilaterally, particularly in light of the fact that exclusive forum provisions are arguably adopted for the benefit of stockholders.