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Sunday, June 23, 2024 11:32:27 AM
Right, the entire point of the self entichment lawsuit is to nullify the 2022 vote for the true up and clawback the option award. The fact that the judge’s transcript from the hearing was attached to the proxy was a very interesting decision since the allegations are so shocking from an investors’ perspective.
Why would they air their dirty laundry on the proxy in such a public facing way? The lawyers representing management must have felt this was a necessary step to offer a possible defense for the recasted vote, should the vote be their favor. And the dollars that are (potentially) at stake are so large, they really don’t care as long as they win.
Bigger and Derby can’t possibly be happy with the dilutive effect from the true up, but they also have a different relationship with management that most common shareholders don’t enjoy, so who knows?
The only good thing to take away from this is that management has been so over the top aggressive in pursuing a favorable vote for the True-up award that they have to believe the options will likely be exercised. That might be the only silver lining.
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