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levelnever

02/20/15 12:34 PM

#413 RE: davidsson10 #412

The “fiduciary-out” also allows the Company Board of Directors to change its recommendation that shareholders vote in favor of the Merger in case of “intervening events” or material developments lead the Board of Directors to conclude, after consultation with its financial advisor and outside counsel that in light of such intervening event, failure to take such action would reasonably be expected to be inconsistent with its fiduciary duties under applicable law.


Sure seems like a material development to me. Now whether the BOD are true to their word or not remains to be seen. Getting product approved by WHO should change the equation and any valuation that has been done on company.