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Business Organizations Keyed to Bouchoux
The Frederick Hsu Living Trust v. ODN Holding Corp.
Citation:
2017 WL 1437308 (2007)Facts
In 2008, funds sponsored by the venture capital firm Oak Hill Capital Partners invested $150 million in Oversee.net. To facilitate the investment, the parties formed ODN Holding Corporation as a holding company for Oversee.net. In return for its cash, Oak Hill received shares of Series A preferred stock from the company. Oak Hill had the right to require the company to redeem its preferred stock in 2013. In 2009, Oak Hill became the company’s controlling stockholder. When Oak Hill exercised its redemption right in 2013, the company used much of its cash for redemption. Frederick Hsu – one of the company’s founders – brought an action against the company’s board of directors and officers. He contends that the redemptions violated statutory limitations and common law doctrine.
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