went in its favor. Because this is realistically attainable, Air defensive measures are Gas’s not preclusive. In addition, the Air Gas response to Air hostile takeover board’s Products’ attempt is within the of because the board believes in good faith “range reasonableness” that Air offer is wholly inadequate. As a result, the court finds in favor of Air Products’ Gas. Rule of Law A defensive measure is preclusive if it makes gaining control of a corporate board not realistically attainable at some point in the future.
went in its favor. Because this is realistically attainable, Air Gas’s defensive measures are not preclusive. In addition, the Air Gas board’s response to Air Products’ hostile takeover attempt is within the “range of reasonableness” because the board believes in good faith that Air Products’ offer is wholly inadequate. As a result, the court finds in favor of Air Gas. Rule of Law A defensive measure is preclusive if it makes gaining control of a corporate board not realistically attainable at some point in the future.