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Re: XenaLives post# 36269

Tuesday, 09/15/2015 2:22:57 AM

Tuesday, September 15, 2015 2:22:57 AM

Post# of 41703
We won't have a shareholders meeting at all, unless we/someone files suit in the Delaware courts of Chancery to compel it. Under Delaware corporations law, a shareholder meeting must be held within 13 months after the last one. We're past that date by a couple of months. So we could file a lawsuit to compel it to happen. But who's going to pay for it? Posinelli has, so far, represented our Ad Hoc EC on a contingency basis, and incurred over $100k in costs, but, even if they are successful in getting an official EC, under applicable law, the federal bankruptcy court will not pay them for bringing an action in Delaware state court to compel a shareholder meeting, etc. So who pays? And what is the point to be gained? We have a new CEO with a new game plan and two new BOD members added recently without shareholder approval and without a stated goal. Perhaps there is a new consensus game plan, perhaps not. Do we want to to throw all/some of them out? That may be the end game, but, if so, who is going to pay for it? Maybe we will find a way.
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