For my sins I read through some of the proxy vote form and was unable to understand half of it - the July deadline seems to be when Activision can terminate the merger without having to pay MS 2 billion and instead get 3 billion form MS. The agreement specifically allows amendments to the agreement without shareholder vote except where Deleware corporate code would require it. Which is where I bailed, who knows whether Deleware code requires a vote or not.
Good for you for trying at least
A lot of that stuff is just mind-numbing
I had a quick google of the delaware corporate code - yeah it’s dense and finding the answer is probably at the intersection of multiple stipulations in that code.
But either way, it seems to me the Board of Directors are given the power to manage the company in the best interests of shareholders.
So ATVI have to continue to pursue the merger in accordance with the terms of the acquisition and if they feel its in the shareholders best interests, extend or modify the contract and there isn’t a specific need for a vote of shareholders.
But come July 18 they can also decide whether its in the best interests of shareholders to pull out of the acquisition.