I'm not a lawyer but there are provisions for termination in connection with a higher offer, see "RMT Partner Superior Proposal". I think that's customary in these deals that the board can deem a new offer to be more favorable and terminate the existing merger agreement. I haven't read the voting agreements but can't imagine that would preclude Malone and board from carrying out their fiduciary duties being on the board of DISCK?
May 27, 2021
at
8:59 PM
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