Publications

'Poison Puts' and the Shareholder Franchise

The Lessons of San Antonio Fire v. Amylin

August 28, 2009
Marc Weingarten | Nicholas R. Tomasetti
Activist Investing Developments - Summer 2009

An important consideration for an activist investor seeking board representation through a proxy contest is whether there exist restrictive provisions in any agreements to which the target company is a party. Prior to proceeding with a proxy contest, the activist investor must ascertain whether such third-party agreements contain “change-of-control” or similar provisions which, if triggered by the activist’s successful election of its slate, could have a negative impact on the company.