Hearing is on 11/10/2022 in which Albertsons is going to argue that the DIVI was voted on by the BOARD OF DIRECTORS prior to the merger with KROGER.
Their statement is that the company is returning value to its investors regardless if the merger goes thru or not, and the company is on good footing financial ground even after the 4 BILLION is returned to its investors.
This could be a way of enticing more investors as the PPS will be around the $20-22 range.
If the merger goes thru the amount of money that will return to its investors is something like this: $34.10 minus the $6.85 minus the amount for the SPIN OFF shares($4-5) gives $23.25 or $22.25 that KROGER will pay the holders of ACI.
EDIT: ALSO DO NOT FORGET THE VALUE OF THE SPIN OFF COMPANY IN THIS TRANSACTION