I suspect if the judge had known about RS it would have forced them to state it on proxy for majority shareholders to vote. I believe the judge did not know, just like Synergy. Unless it is some quiet aspect that was known by parties involved but formally written until Dec 16th. The RS is the main part of the merger becoming official this quarter, according to filing last week. It had to be known well in advance this was occurring for the deal to take place, I just wonder who exactly knew. If the RS does not happen, can there still be a merger?
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