43. On June 23, 2003 Infectech filed a letter from Mr. Thomas Heysek with the bankruptcy court. See attached exhibit and analysis.
PETITIONER’S EXHIBIT 31
SEE REPRINT AND ANALYSIS
WHEREFORE, plaintiff prays for the Court to grant relief and to enter an Order:
a. Issue a Summons directing Defendant to Answer the Complaint in less than twenty (20) days hereof;
b. Directing Infectech to hold an annual meeting of its stockholders “forthwith” and in no event more than 45 days from the date of the Court’s Order;
c: Pursuant to 8 Del. C. Sec. 220(c) directing Infectech, by order of this court, to state in writing with proper legal notice to all stockholders that it has removed and repudiated the illegal pre-condition that it has imposed upon the stockholder discussed in Item No. 25, supra for examination and copying of Infectech's books and records.
d. Appointment a Master pursuant to 8 Del. C. Sec. 227 to conduct the election at the meeting;
e. Setting the record date for the determination of stockholders entitled to vote at the meeting in the form of notice of the meeting;
f. Requiring Infectech to send out its notice of the meeting to all stockholders at least 30 days prior to the meeting;
g. Providing procedures for nomination of directors by stockholders; and
h. Awarding plaintiff such other and further relief as may be just and proper including attorneys fees and expenses.
ROBERT-A OLLAR
122 Cornelia Lane
Milford , PA 18337-7139
Pro Se
DATED: July 4, 2003
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
ROBERT-A OLLAR, Ph.D., )
)
Plaintiff, )
) C.A. No.
V. )
)
INFECTECH, INC., )
)
Defendant, )
ORDER
This ______________ day of _____________, 2003, upon consideration of the plaintiff’s complaint dated July 4, 2003 , Defendant Infectech is hereby ordered to:
a. Answer the Complaint in less than twenty (20) days hereof;
b. Hold an annual meeting of its stockholders “forthwith” and in no event more than 45 days from the date of the Court’s Order;
c: Pursuant to 8 Del. C. Sec. 220(c) to state in writing with proper legal notice to all stockholders that it has removed and repudiated the illegal pre-condition that it has imposed upon the stockholder discussed in Item No. 25, supra for examination and copying of Infectech's books and records.
d. Send out its notice of the meeting to all stockholders at least 30 days prior to the meeting;
Further, the Court orders that
a. Appointment a Master be appointed pursuant to 8 Del. C. Sec. 227 to conduct the election at the meeting;
b. Sets the record date for the determination of stockholders entitled to vote at the meeting in the form of notice of the meeting as _____________________, 2003;
c. Orders that the Master shall provide procedures for nomination of directors by stockholders; and
d. Awards plaintiff such other and further relief as may be just and proper including attorneys fees and expenses.
infectechstockholders.com ______________________________________
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