Delaware Chancery Rules Activist Investors Cannot Use 220 Demand in Aid of Potential Proxy Contest
Appraisal Rights
NOVEMBER 21, 2019
Recently, Vice Chancellor Slights refused to grant Carl Icahn and affiliates’ novel request for a company’s books and records in order to mount a proxy contest against Occidental for agreeing to an allegedly bad deal with Anadarko. The Vice Chancellor ruled that furthering a proxy contest was not a “proper purpose” to support the activist investors’ demand to inspect the corporation’s books and records under section 220 of the DGCL.
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