We agree with the IAS Court that if, as alleged, defendant Metallgesellschaft AG. (MG) and defendant Berzelius Umwelt Service AG. (BUS-AG) were alter egos, and otherwise assuming the truth of the allegations in the amended complaint, then MG's sale of its controlling interest in BUS-AG was tantamount to a sale of Horsehead Resource Development Company, Inc. (HRD) shares, violating plaintiff's right of first refusal contained in its HRD Shareholders Agreement with defendant...
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