Case File
efta-efta00994984DOJ Data Set 9OtherFrom: "Jeffrey E." <[email protected]>
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DOJ Data Set 9
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efta-efta00994984
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From: "Jeffrey E." <[email protected]>
To: Eileen Alexanderson <
>, Richard Joslin
Subject: Re: FW: ArtSpace
Date: Tue, 05 Aug 2014 19:03:16 +0000
show me proof that all shareholders were offered debt postion . ? their responses. and the renotification if nec
after lean said he would buy it so they added addtional debt on a 3 to 1 , after knowledge of a sale
On Tue, Aug 5, 2014 at 12:55 PM, Eileen Alexanderson <
wrote:
From: Lakhdhir, David K [mailto:
Sent: Tuesday, August 05, 2014 12:34 PM
To: Eileen Alexanderson;
Cc: Larsen, Sonia; Grisin, Cara
Subject: ArtSpace
Attached is a case summary of a case in Delaware with facts somewhat similar to those in our situation, in
which the Chancery Court held that a class of shareholders that received no merger consideration had no claim
because the value of the company did not justify their receipt of merger consideration. This is part of what
makes us believe that (based on the facts as we understand them) the litigation exposure here is manageable.
Also, on my call this morning with Ron I confirmed his understanding that all shareholders were offered the
opportunity to participate in the emergency debt financing that will be paid off upon the merger.
Davi K Lakh '
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