I noted two interesting things while reading the 8K:
1) The deal is subject to a fairness opinion by Paul, Weiss, a major NY law firm. If this deal is as many believe (including myself), unfair, maybe Paul, Weiss will note it. However, I realize this may be unlikely for reasons you might guess (i.e., how much business does Paul, Weiss do with Triarc). I am not slandering Paul, Weiss, but fairness is partly a matter of judgment.
2) According to Section 6.2(i), if greater than 7.5% of shareholders vote no and demand a right to an appraisal of DRNK's stock, subject to Section 262 of the Dislcosure Agreement exhibit (I think) which is not appended to the online 8K, the merger will not be consummated. This sounds too easy: we can probably round up 7.5% of shareholders to demand an appraisal, although without having read Section 262 of whereever, I don't know what other conditions apply. An appraisal can be performed by a CPA firm or a valuation group who will most likey value the stock similar to values noted on this board. Does anyone have Section 262 or the Disclosure Agreement?
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