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flyfishingcherokee

06/11/24 6:17 PM

#697807 RE: QL300 #697797

QL300, yes I can see the logic in your opinion that a favorable vote would need to be on a "true up" action recommended by the board and compensation committee. However, I would argue, if I were counsel, that the shareholder vote to award the options, having knowledge of a contention by one shareholder that it was misrepresented in the information provided, and having complete disclosure of the pleadings in the suit, and if it still passes by a huge margin (presuming that it does and that the vote to be counted excludes the shares held by the affected shareholders) that all past and present voting action represents the desires of a majority of shareholders eligible to vote and that no foul, no harm resulted from any past errors in the prior two votes structure. (disclosure: I am not an attorney, but have drafted hundreds of legal documents for attorneys involving DOL and IRS regs. in my 30 year career)
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mike00h

06/11/24 6:35 PM

#697813 RE: QL300 #697797

QL, I'm choking on the stench of the bullshit you are posting on this board. You and fly infested make me want to vomit..
Bullish
Bullish
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Poor Man -

06/11/24 7:07 PM

#697823 RE: QL300 #697797

It’s such a bad case for the company and shareholders on so many levels, perhaps a resounding “Against” vote would force them into a settlement and a claw back for all or a substantial number of those options. And this would no longer be a distraction to anyone.

Not a lawyer, but my guess to why they don’t admit to or represent this as a true-up is that the judge has already opined that a True-up “is not a thing.” So if a true up is not a thing and perhaps not permissible as a starting point, then maybe informed consent becomes moot regardless of the vote on the proxy.

The lawsuit and enumerated allegations are very damaging, not just in financial terms either.