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WHITEBOX CONCENTRATED CONVERTIBLE ARBITRAGE PARTNERS, L.P. v. SUPERIOR WELL SERVICES, INC.

5510, 651465/10.

86 A.D.3d 431 (2011)

926 N.Y.S.2d 292

2011 NY Slip Op 5865

WHITEBOX CONCENTRATED CONVERTIBLE ARBITRAGE PARTNERS, L.P., et al., Respondents, v. SUPERIOR WELL SERVICES, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 7, 2011.

Defendant established by documentary evidence that the acquisition of more than 50% of its stock and the subsequent merger with Diamond Acquisition Corporation did not constitute a "Fundamental Change" as defined in the certificate of designations, which would have required defendant to provide a fundamental change notice to its preferred shareholders within 10 days of a fundamental change. The tender offer for common shares and...

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