Judge stops Apple shareholder vote on preferred stock vote
TweetFollow Us on Twitter

Judge stops Apple shareholder vote on preferred stock vote

U.S. District Judge Richard Sullivan in Manhattan handed David Einhorn, founder of the Greenlight hedge fund, a victory in his court battle with Apple on Friday, blocking the Cupertino-based company from moving forward with a shareholder vote on a controversial proposal to limit the company's ability to issue preferred stock, reports "Reuters" (http://tinyurl.com/b3tbasv)

The vote was scheduled for Feb. 27 as part of the company's annual stockholders' meeting. Greenlighthas been urging Apple to share its cash with investors by issuing high-yielding preferred shares, alleged in a lawsuit that the company unfairly lumped a stock restriction with two other corporate governance matters set for a vote by investors on Feb. 27.

Lawyers for Greenlight Capital argued that putting into one proposition three separate items -- two of which Einhorn supported and one (which barred Apple's board from issuing preferred shares without a shareholder vote) he vehemently opposed -- was a clear violation of SEC regulations against such "bundling."

Today U.S. District Judge Richard Sullivan said he was inclined to agree. However, less clear is whether Greenlight had proved that it would suffer the "irreparable harm" required for the judge to issue a preliminary injunction blocking the vote, reports "CNNMoney." Besides, no matter how the vote went, he said, Einhorn was unlikely to get Apple to issue the preferred shares he had been lobbying for, the article adds.

Recently, Greenlight began urging (http://tinyurl.com/ba2aytc) fellow shareholders of Apple to oppose the company’s attempt to amend its corporate charter. Apple has responded with the following statement:

"By early last year, Apple’s cash balance had built to a point beyond what we needed to run our business and maintain flexibility to take advantage of strategic opportunities, so we announced a plan to return $45 billion to shareholders over three years. As of next week we will have executed $10 billion of that plan.

"We find ourselves in the fortunate position of continuing to generate large amounts of cash, including $23 billion in cash flow from operations in the last quarter alone.

"Apple’s management team and Board of Directors have been in active discussions about returning additional cash to shareholders. As part of our review, we will thoroughly evaluate Greenlight Capital’s current proposal to issue some form of preferred stock. We welcome Greenlight’s views and the views of all of our shareholders.

"As a part of our efforts to further enhance corporate governance and serve our shareholders’ best interests, Proposal #2 in our proxy includes some recommended changes to our articles of incorporation. These changes were recommended independently of Greenlight’s proposal and would not preclude Apple from adopting their concept. Contrary to Greenlight’s statements, adoption of Proposal #2 would not prevent the issuance of preferred stock. Currently, Apple’s articles of incorporation provide for the issuance of 'blank check' preferred stock by the Board of Directors without shareholder approval. If Proposal #2 is adopted, our shareholders would have the right to approve the issuance of preferred stock. As such, Proposal #2 has the support of many of our shareholders.

"We remain committed to having an ongoing dialogue with our shareholders to get perspectives around return of capital and driving shareholder value."

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Smooth Operator! (Games)
Smooth Operator! 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: Smooth Operator is a weird, weird two-player kissing game. Squeeze in for 2 player fun on a single iPad, creating awkward... | Read more »
_PRISM Guide - How to solve those puzzle...
_PRISM is a rather delightful puzzle game that’s been tailor made for touch screens. While part of the fun is figuring things out as you go along, we thought we’d offer you a helping hand at getting in the right mindset. Don’t worry about messing... | Read more »
Set off on an adventure through the Cand...
Like match three puzzlers? If so, Jelly Blast, the innovative iOS and Android game which launched last year, is worth a look. Jelly Blast sees you head off on an epic adventure through the Candy Kingdom with your friends Lily, Mr. Hare, and Mr.... | Read more »
Ellipsis - Touch. Explore. Survive. (...
Ellipsis - Touch. Explore. Survive. 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: | Read more »
Ys Chronicles II (Games)
Ys Chronicles II 1.0.0 Device: iOS Universal Category: Games Price: $4.99, Version: 1.0.0 (iTunes) Description: After a hard fight to recover the six sacred books in Ys Chronicles I, Adol is back for a sequel! | Read more »
FINAL FANTASY Ⅸ (Games)
FINAL FANTASY Ⅸ 1.0.4 Device: iOS Universal Category: Games Price: $16.99, Version: 1.0.4 (iTunes) Description: ==========●Special sale price for the FINAL FANTASY IX release! ●20% off from February 10 to February 21, 2016... | Read more »
Tennis Club Story (Games)
Tennis Club Story 1.03 Device: iOS Universal Category: Games Price: $4.99, Version: 1.03 (iTunes) Description: Aim for the ace position of tennis club prestige in this simulation! Your leadership decides if players make it to the big... | Read more »
Juggernaut Wars guide - How to use skill...
Juggernaut Warsis a brand new auto-RPG on iOS and Android that challenges you to build a team of heroes, send them out into various different missions to defeat waves of heroes, and level them up to increase their power. The actual combat itself... | Read more »
Check out the new Pirate Attack update i...
Love pirates and board games? Well, you'll love the new Pirate Attack themed update that just launched in Game of Dice. It adds a bunch of new content themed around pirates, like an all new event map based on a pirate ship which revamps the toll... | Read more »
Splash Cars guide - How to paint the tow...
Splash Cars is an arcade driving game that feels like a hybrid between Dawn of the Plow and Splatoon. In it, you'll need to drive a car around to repaint areas of a town that have lost all of their color. Check out these tips to help you perform... | Read more »

Price Scanner via MacPrices.net

App Annie Reveals Future of the App Economy:...
App Annie, a San Francisco based mobile app data and insights platform, has launched its first comprehensive app economy forecast. This new offering will provide brands, agencies, investors and app... Read more
Apple restocks Certified Refurbished Mac mini...
Apple has restocked Certified Refurbished 2014 Mac minis, with models available starting at $419. Apple’s one-year warranty is included with each mini, and shipping is free: - 1.4GHz Mac mini: $419 $... Read more
What iPad Pro Still Needs To Make It Truly Pr...
I love my iPad Air 2. So much that I’m grudgingly willing to put up with its compromises and limitations as a production tool in order to take advantage of its virtues. However, since a computer for... Read more
21-inch 3.1GHz 4K on sale for $1399, $100 off...
B&H Photo has the 21″ 3.1GHz 4K iMac on sale $1399 for a limited time. Shipping is free, and B&H charges NY sales tax only. Their price is $100 off MSRP: - 21″ 3.1GHz 4K iMac (MK452LL/A): $... Read more
Apple price trackers, updated continuously
Scan our Apple Price Trackers for the latest information on sales, bundles, and availability on systems from Apple’s authorized internet/catalog resellers. We update the trackers continuously: - 15″... Read more
Save up to $240 with Apple Certified Refurbis...
Apple is now offering Certified Refurbished 12″ Retina MacBooks for up to $240 off the cost of new models. Apple will include a standard one-year warranty with each MacBook, and shipping is free. The... Read more
Apple refurbished 13-inch Retina MacBook Pros...
Apple has Certified Refurbished 13″ Retina MacBook Pros available for up to $270 off the cost of new models. An Apple one-year warranty is included with each model, and shipping is free: - 13″ 2.7GHz... Read more
Apple refurbished Time Capsules available for...
Apple has certified refurbished Time Capsules available for $120 off MSRP. Apple’s one-year warranty is included with each Time Capsule, and shipping is free: - 2TB Time Capsule: $179, $120 off - 3TB... Read more
13-inch 2.5GHz MacBook Pro (refurbished) avai...
Apple has Certified Refurbished 13″ 2.5GHz MacBook Pros available for $829, or $270 off the cost of new models. Apple’s one-year warranty is standard, and shipping is free: - 13″ 2.5GHz MacBook Pros... Read more
Apple refurbished 15-inch Retina MacBook Pros...
Apple has Certified Refurbished 2015 15″ Retina MacBook Pros available for up to $380 off the cost of new models. An Apple one-year warranty is included with each model, and shipping is free: - 15″ 2... Read more

Jobs Board

Infrastructure Engineer - *Apple* /Mac - Rem...
…part of a team Requires proven problem solving skills Preferred Additional: Apple Certified System Administrator (ACSA) Apple Certified Technical Coordinator (ACTC) Read more
Lead Engineer - *Apple* OSX & Hardware...
Lead Engineer - Apple OSX & Hardware **Job ID:** 3125919 **Full/Part\-Time:** Full\-time **Regular/Temporary:** Regular **Listed:** 2016\-02\-10 **Location:** Cary, Read more
Simply Mac *Apple* Specialist- Service Repa...
Simply Mac is the largest premier retailer of Apple products in the nation. In order to support our growing customer base, we are currently looking for a driven Read more
Infrastructure Engineer - *Apple* /Mac - Rem...
…part of a team Requires proven problem solving skills Preferred Additional: Apple Certified System Administrator (ACSA) Apple Certified Technical Coordinator (ACTC) Read more
Lead Engineer - *Apple* OSX & Hardware...
Lead Engineer - Apple OSX & Hardware **Job ID:** 3125919 **Full/Part\-Time:** Full\-time **Regular/Temporary:** Regular **Listed:** 2016\-02\-10 **Location:** Cary, Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.