Bexar Texas Stockholders' Rights Plan of Datascope Corp.

Name: Bexar Texas Stockholders' Rights Plan of Datascope Corp.
Brand: US Legal Forms
Rating: 4.82 (301 reviews)

Category:

Corporations - Public - ReIncorporation

State:

Multi-State

County:

Bexar

Control #:

US-CC-8-162B

Format:

Instant download

Description

This sample form, a detailed Stockholders' Rights Plan document, is a model for use in corporate matters. The language is easily adapted to fit your specific circumstances. Available in several standard formats.

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How to fill out Bexar Texas Stockholders' Rights Plan Of Datascope Corp.?

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FAQ

The goal of a shareholder rights plan is to force a bidder to negotiate with the target's board and not directly with the shareholders. The effects are twofold: It gives management time to find competing offers that maximize the selling price.

Poison pills effectively block the accumulation of stakes above a set percentage of a company's outstanding shares by promising to distribute additional free or heavily discounted shares to all shareholders except those who trigger the provision.

A poison pill is a type of takeover defense that companies can use to discourage hostile takeovers. A poison pill gives shareholders the right to buy more shares at a discount if an unsolicited bid is made for the company. This makes it harder for the bidder to acquire a majority stake in the company.

A poison pill is a defense tactic listed companies use to deter activist investors or acquirers from building large stakes or staging a takeover without the board's consent, and without paying a premium to all shareholders.

A poison put is a takeover defense strategy in which the target company issues a bond that investors can redeem before its maturity date. A poison put is a type of poison pill provision designed to increase the cost a company will incur to acquire a target company.

The proposed strategy involves a series of coordinated tender offers: an initial offer to trigger the poison pill rights, offering little or no consideration, and a subsequent offer in which the fully diluted value is paid to all shareholders after the rights have been exercised.

Poison pills are usually bad for shareholders. The board's job is to maximise shareholder wealth. A poison pill enables the board to resist a takeover. However, this often merely allows an under-performing board to save its own skin while denying shareholders access to a takeover premium.

The poison pill term originated from spies who carried toxic pills that could be ingested to avoid capture. Spies would swallow these pills if they thought they were about to be caught, similarly to how a target company may employ poison pill tactics to avoid hostile takeovers.

If the Board decides to adopt a pill with a 10% trigger threshold, it needs to confirm whether any shareholders currently own a 10% or greater stake.

If a court determines that the board used the pill solely for its own benefit and to prohibit their ouster under a new acquirer, the adoption of the pill will likely be found to constitute a breach of the directors' fiduciary duty.

If the Board decides to adopt a pill with a 10% trigger threshold, it needs to confirm whether any shareholders currently own a 10% or greater stake.

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Bexar Texas Stockholders' Rights Plan of Datascope Corp.

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