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Kenneth M. Schneider Paul, Weiss, Rifkind, Wharton & Garrison LLP

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Delaware Chancery Court considers director change of control provisions in indentures *

USA - June 16 2009
The recent decision of the Delaware Chancery court in San Antonio Fire & Police Pension Fund v. Amylin Pharmaceuticals, Inc. C.A. No. 4446-VCL (Del.Ch., May 12, 2009) arose from a proxy contest in which two separate dissident stockholders, Icahn Partners LP and Eastbourne Capital Management, L.L.C., each sought the election of its slate of five director nominees to Amylin’s 12-member board.

Co-authors: Frances F. Mi.