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Friday, August 18, 2017 7:58:49 AM
I'm in my phone but it's the Gibson link on m&a
[Quote]If new material information is presented to
stockholders immediately prior to the stock-
holder meeting, the company may be required to
allow stockholders additional time to consider
the proposal in light of such new information. If
a defi nitive proxy statement previously mailed to
stockholders has become materially misleading
prior to the date of the meeting due to a subse-
quent event, such as an amendment to the terms
of the merger agreement, the proxy statement
must be amended or supplemented to correct
any materially misleading statement or omission.
Proxy materials must then be fi led with the SEC
and disseminated to stockholders with enough
time prior to the meeting to allow the stockhold-
ers adequate time to digest the new information. [/Quote]
While there is no specifi cally required num-
ber of days that a meeting should be delayed to
give stockholders time to consider new material
information, 5 to 10 business days generally is
regarded as common practice. A helpful bench-
mark is the tender offer rules which require an
extension of the offer for an additional 10 busi-
ness days for changes in the price or amount of
securities sought and 5 business days for other
material changes in the offer. 12 Additionally,
when Delaware courts have enjoined stock-
holder meetings and mandated that further
information be disclosed to stockholders, they
have enjoined the meeting for a similar period. 13
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