Tuesday, July 21, 2009 6:04:58 AM
"Going dark or going private will eliminate the trading market in the company's securities. This creates litigation risk (particularly with respect to going dark, because stockholders are not cashed out) as stockholders who now will be holding illiquid securities may sue the board of directors for breach of fiduciary duty. The price of the stock undoubtedly will fall and, although the shares still may trade on the pink sheets, the volume and activity generally will be significantly less.[10]"
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