JONES APPAREL GROUP, INC., and MSC Acquisition Corp., Plaintiffs,
v.
MAXWELL SHOE COMPANY, INC., Mark J. Cocozza, James T. Tinagero, Stephen A. Fine, Malcolm L. Sherman and Anthony J. Tiberii, Defendants.
Court of Chancery of Delaware, New Castle County.https://leagle.com/images/logo.png
Submitted: May 14, 2004.
Decided: May 27, 2004.
Attorney(s) appearing for the Case
Jesse A. Finkelstein, Raymond J. DiCamillo, Brock E. Czeschin, Richards, Layton & Finger, P.A., Wilmington, DE; Paul C. Saunders, Timothy G. Cameron, Andrew B. Kratenstein, Cravath, Swaine & Moore, L.L.P., New York City, for the Plaintiffs.
William M. Lafferty, Frederick H. Alexander, David J. Teklits, Patricia R. Uhlenbrock, James D. Honaker, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Adam H. Offerhartz, Jennifer H. Rearden, Robert E. Malchman, Gibson, Dunn & Crutcher, L.L.P., New York City, for the Defendants.
Court of Chancery of Delaware, New Castle County.
OPINION
STRINE, Vice Chancellor.
This expedited case centers on the validity of a charter provision of Maxwell Shoe Company, Inc. By its plain terms, that provision establishes that the record date for any consent solicitation of Maxwell's stockholders shall be the date on which the first consent is delivered to the company. In so providing, the charter adopts one of the default rules set forth in 8 Del. C.<...
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