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He said: "I don't think we're in a position to do that," adding that it would not be fair to shareholders.
To be fair, M&S shareholders should reserve judgment on Christmas trading until the hard profit numbers are in.
In recent weeks, the firm has gone back to court, asking for the right to look at XO documents to see whether Mr. Icahn played fair with shareholders.
But when the acquirer is a controlling shareholder, Delaware has traditionally imposed a higher standard of review to ensure that this type of transaction, commonly known as a freeze-out transaction, is fair to shareholders.
The judge said he would need to weigh the evidence against HP officers as part of his analysis on whether the deal absolving them of liability is fair for shareholders.
Glazer, the owner of American football's NFL Tampa Bay Buccaneers, put pressure on United's board to give its support for the 300 pence per share offer, a price directors called "fair" for shareholders.
Hiring an independent environmental expert to sit on a board is a common shareholder request these days and asking the S.E.C. to review a company's disclosures is fair game for shareholders.
This would have been fair to minority shareholders.
The steel giant's corporate governance is not fair to minority shareholders.
To be fair, Playboy's shareholders bought into the company with their eyes wide open.
Fannie Mae has discouraged investors from judging it based on fair value or shareholders' equity.
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CEO of Professional Science Editing for Scientists @ prosciediting.com