Appraisal Rights Discussion Thread

I see your link has been edited?  Goes nowhere.....

Hello Moon, and everyone. I am currently on my flight to the Philippines Via Narita. I have been here like all of you hoping for the best and seeing it was one of the worst things besides BK that could have happened to us. 

So, Im here waiting like you all to see what direction we are going to be going as a group. Some people have contacted attorney's just like myself and since this just happened. I will call him back and ask for his advice. He advised me to seek an SEC attorney in Delaware and he will look over anything I want clarified. He said once the Deal was done and we have requested appraisal rights. Someone has to file with the Delaware courts to proceed. Only one person files the suit and everyone else falls in line. The attorney who represents the person will also attached those of us who have applied for AR, and the process will be steady. The court will appoint a firm or someone who does this kind of Appraising and then its a negotiation.

My attorney did say that Astellas can make side deals to take the large holders out of the mix by offering them something different. But, he said it seems like Astellas was planning this play all along. Banking that some would tender, most wouldn't and they would have to find a straw buyer or someone who got paid more that the 850 to buy shares on the open market and sell back to Astellas. He said this happens all the time. No one gets caught.

Okay, I willing to do whatever we need to do, i can fly to the Attorney if there is a meeting. I would demand to be there so I dont hear anything second hand.

Peace and take care,

Kukkido

they will have to do that anyway by reg mail before it gets filed.they also have an obligation to make all non tender shareholders aware of their rights to an appraisal.this probably has already fallen by the wayside while the scc lawyers watch porn on their computers.

I think the answer to this lies in the following paragraph from the "Schedule 14D-9" form (filed on 2015-11-19):

"Under Section 262 of the DGCL, where a merger is approved under Section 251(h) of the DGCL, either a constituent corporation before the effective date of the merger, or the surviving corporation within ten days thereafter, shall notify each of the holders of any class or series of stock of such constituent corporation who are entitled to appraisal rights of the approval of the merger and that appraisal rights are available for any or all shares of such class or series of stock of such constituent corporation, and shall include in such notice a copy of Section 262. This Schedule 14D-9 constitutes the formal notice of appraisal rights under Section 262 of the DGCL."

www.sec.gov/Archives/edgar/data/1140098/000119312515382140/d45216dsc14d9.htm

Sure....they paid immediately....very crafty and sly.....made everyone say great....take the money and run...

moonfiddler, just curious why you don't use the "quote" function here? It's easy to use and you don't have to manually copy, paste, and italicize the post want to quote.

Just curious how much would it cost us to just pay the fee to the attorney. If she is taking 33%, that seems alot. And, doesn't the lawyer get paid as a part of the suit. So, she would be getting paid from the suit and a bonus of anything that would be collected above the 850 per share. I would ask her how much she would charge and lets see our options. At least we can have a starting point from which to negotiate. 

From what I have been told, the court will assign an adjuster or appraiser to value the Company. We need someone who can itemize the value of the company and send it to the lawyer to have them represent it to the appraiser. I am sure there is paperwork to file as any court case.

Comments?

Im following from Cebu City. It was a beautiful day today.

Kukkido

nice gig if you can get it.collecting a third and up front fees for doing nothing minus one. since there is only one petitioner required and all others are automatically added.just like the fees for the filing originally.some paid 600 and 400$ and some nothing like me with fidelity.i am just going to sit back and hope a good lawfirm gets picked.
it would not surprise me if in the meantime astella makes a lowball offer trying to reduce the numbers.24$is my lowest i would accept.may be i send ir astella an email with the offer?

Almost!  Just be sure to click below the white box, in the grey area before typing.