Investors Hangout Stock Message Boards Logo
  • Home
  • Mailbox
  • Boards
  • Favorites
  • Whats Hot!
  • Login - Join Now!
CytoDyn Inc CYDY
(Total Views: 565)
Posted On: 08/17/2021 11:54:09 AM
Post# of 154944
Posted By: Jake2212
Re: z_smith01 #100448
z_smith: As to CYDY's Bylaws: assuming, as I will, that you have accurately quoted the referenced Bylaw language -- yes, if Judge Noreika determines that all alleged deficiencies have been cured in a timely manner, she will likely issue a preliminary injunction nullifying CYDY's disqualification of the 13D slate of director nominees.

Your quoted Bylaw language regarding timing for purposes of curing deficiencies is favorable to 13D in that the record date has been set, I believe, as Sept 1. But take note that the words " ten (10) business days prior to such Annual Meeting" are preceded by the word "and", which, under typical rules of construction, would require 13D to meet both timing deadlines, not just one or the other. So, if Judge Noreika were to rule, after the record date, that the subject deficiencies have not been adequately cured, it would be too late for further attempts to cure. Accordingly, the exercise of her discretion re how quickly she rules after submission of the parties' briefs on the cross motions for preliminary injunctions could prove crucial.













(12)
(0)









  • New Post - Investors HangoutNew Post

  • Public Reply - Investors HangoutPublic Reply

  • Private Reply - Investors HangoutPrivate Reply

  • Board - Investors HangoutBoard

  • More - Investors HangoutMore

  • Keep Post - Investors HangoutKeep Post
  • Report Post - Investors HangoutReport Post
  • Home - Investors HangoutHome
  • Mailbox - Investors HangoutMailbox
  • Boards - Investors HangoutBoards
  • Favorites - Investors HangoutFavorites
  • Whats Hot! - Investors HangoutWhats Hot!
  • Settings - Investors HangoutSettings
  • Login - Investors HangoutLogin
  • Live Site - Investors HangoutLive Site