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Level 3 already has significant shareholder support.
Yet some analysts say such a deal would find little shareholder support after the last attempt.
The Canadian exchange said it expected the deal to close this autumn if the proposed merger won shareholder support.
Flipping through a voluminous PowerPoint presentation, Mr. Einhorn argued that his idea bore merit and deserved shareholder support.
The filing was made on Wednesday as part of the process of winning shareholder support for the merger.
"We unfortunately did not receive the LCH.Clearnet board support required to move ahead and seek shareholder support".
This type of access can be critical and help both sides plot their campaigns to win shareholder support.
Deutsche Borse said on Thursday that it had won shareholder support for its $9 billion merger with NYSE Euronext.
Another resolution on climate change introduced at Exxon Mobil's annual meeting in May drew 21percentt shareholder support.
"He'd have more shareholder support if he would say he wouldn't sell the company for less than $33".
Balfour has been trying to rally shareholder support after rejecting a merger offer from its rival Carillion last month.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com