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Replies to #64041 on Biotech Values
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DewDiligence

07/08/08 4:36 PM

#64044 RE: rkrw #64041

>APPX – Not that many public companies don't have change of control provisions, surely the buying company was made aware of it and may well have supported it since they probably want the executives to stick around and make sure their acquisition is a success. Further in this example there's a contingency payment based on future profitability.<

Moreover, as previously noted, shareholders have been warned in SEC filings that APPX is Soon-Shiong’s company and he may take actions that are not in the interests of minority shareholders.

In this particular case, I’m inclined to agree with you that the parachutes, by facilitating the buyout, were not necessarily contrary to the interests of minority shareholders.