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accounting acquirer acquiror acquisition affiliate alleges amendment apply appraisal ARCO assets Bear Stearns bidder breach business judgment rule buyer Capital cash tender offer Chesapeake Chesapeake's claims communications company's consent solicitation corporation Court of Chancery defensive Delaware Delaware Supreme Court disclose disclosure earnings Exchange Act exchange offer exchange tender offer exemption fiduciary duties filing firm Form S-4 HBOC IBP's indemnification investment investors issue issuer Item liabilities Material Adverse Effect McKesson Merger Agreement negotiations notification number of shares offeror outstanding parties percent plaintiffs poison pill preclusive Preferred Stock premium proposed proxy solicitation proxy statement publicly-traded purchase registration statement Regulation requirements resales reverse merger Revlon Schedule 14A SEC Rule SEC's sell seller shareholder vote Shorewood board specific stock swap stockholders substantial substantive coercion Supermajority Bylaw takeover target board target shareholders threat transaction Tyson Unitrin Unocal voting securities Williams Act