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Business Organizations Keyed to Smith
Air Products and Chemicals, Inc. v. Airgas, Inc.
Citation:
16 A.3d 48 (Del. 2011).Facts
Air Products attempted a non-coercive hostile tender offer to acquire Airgas, Inc. Airgas had in place a poison pill , which its board of directors wished to remain in place despite Air Product’s request it be removed. Airgas’s board of directors remained committed to keeping the poison pill in place , despite Air Products continuing to raise the price of its offer. Despite the board of directors‘ steadfastness in opposition to the poison pill , a majority of Airgas’s shareholders approved of tendering their shares. If the poison pill remained in place , Air Products could call a special meeting featuring Airgas’s shareholders, or wait until another annual meeting for another class of directors to be nominated.
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