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Here is the link you requested where you can get a

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Post# of 155160
(Total Views: 551)
Posted On: 10/20/2021 12:42:46 PM
Posted By: MarcS
Re: HHIGambler #108211
Here is the link you requested where you can get a copy of the Order:

https://courts.delaware.gov/opinions/

Also, these are five of my favorite highlights from the Order, some of which are in footnotes:
Quote:
While I recognize that prohibiting a stockholder from exercising her franchise rights can amount to irreparable harm, in this case, any such harm is, in large measure, self-inflicted.


Quote:
Inexplicably, no appeal has been filed, and no expedited treatment has been sought. Plaintiffs cannot now, claiming irreparable harm, ask the Court to grant a motion that essentially affords them the injunctive relief they were denied in the plenary action in order to relieve time pressure caused by a build-up of steam they themselves helped to generate.


Quote:
As Defendants observe, Plaintiffs bid to force CytoDyn to delay its annual meeting might reasonably be viewed as a belated attempt at a do-over. Regardless of the results of the appeal, having disrupted and delayed the conduct of the duly noticed annual meeting, Plaintiffs may well have the opportunity to submit a new nomination notice that corrects the significant deficiencies in their failed notice.


Quote:
Plaintiffs will have their chance to nominate their director slate, and to do so in compliance with the advance notice bylaw, at CytoDyn’s 2022 annual meeting.


Quote:
Of course, Plaintiffs neglect to mention that the Company has made that identical public disclosure on a regular basis for more than a decade. . . . This is not at all surprising given that CytoDyn is a clinical stage biopharmaceutical company that has yet to bring a product to market.



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