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2d Cir 9th Cir acquired acquiror acquisition action adopted affiliate amended approval assets bidder board of directors business judgment rule cash cert common stock company's ConAgra Corp corporation court found court held court noted debt defense Delaware Supreme Court disclose disclosure district court dividend effect enjoin equity securities ESOP Exchange Act exchange offer exemption federal fiduciary duties filed flip-in golden parachutes greenmail Holly Farms insider trading interest investment adviser investment company investors issuance issued issuer junk bond liability lock-up material ment merger agreement million NASD negotiations Newmont option outstanding shares person plaintiff poison pill preferred stock prior proposed provisions purchase pursuant reasonable recapitalization registration statement Regulation repurchase restructuring Revlon rights plan Schedule Schedule 13D Section securityholders sell shareholders solicitation statute Supp takeover tender offer tion transaction underwriter Unocal violation voting rights