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agent Alcatel alleged approval assets board of directors breach business judgment rule Caremark claim close corporation committee complaint conduct contract Corp Corporation Law corporation's Court of Chancery creditor decision defendants Del.Ch Delaware demand derivative action disclose disclosure dissolution dividend election entitled equity F.Supp fact fair fiduciary duty firm fraud funds held corporations holders insider interest investment investors issue liability limited partnership Liquid Audio litigation majority material meeting ment merger minority shareholders officers operations partner partnership agreement payment petitioners plaintiff principal Pritzker profits proposal proxy purchase purpose reasonable result RUPA S.Ct Section securities sell shareholders shares statement statute Statutory Supplement stockholders summary judgment supra Supreme Court tender offer theory third party tion trading Trans Union transaction trial court ultra vires UNIFORM PARTNERSHIP ACT Van Gorkom violation voting