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In its official court response in their ongoing lawsuit, Greenlight Capital has said Apple’s (NASDAQ:AAPL) move to limit preferred stock options would cause “actual and imminent injury” to the company’s investors.
The hedge fund led by David Einhorn also repeated its assertion that Apple was violating U.S. Securities and Exchange Commission laws by combining a measure to limit preferred shares with two other proposals in its annual shareholders’ meeting proxy. Greelight asked that the February 27 vote be stopped unless the measures were allowed to be considered separately.
Investors in the company “will have been irrevocably stripped of their right to fair corporate suffrage — the very right the unbundling rules were designed to vindicate,” Greenlight said in the filing made with the U.S. District Court in Manhattan on Friday, according to Bloomberg. “These harms all can be prevented by an injunction before the vote, and none can be remedied after,” the filing added.
On Wednesday, Apple had said it wasn’t violating the SEC rule because the three proposals were related to each other. It also said that the preferred stock proposal was designed not to eliminate the option, but to let shareholders have the right to vote on each such issuance…
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