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Cases & Investigations
Peabody Energy Corporation

Type: Notable Cases

Case Number: 10597-CB

Court: Delaware Chancery Court

Wolf Popper LLP Seeks a Declaration that a “Dead-Hand Proxy Put” in a Credit Agreement of Peabody Energy Corporation Is Unenforceable


On January 29, 2015, Wolf Popper LLP, on behalf of Plaintiff and all of the public stockholders of Peabody Energy Corporation, filed a complaint in the Court of Chancery of Delaware alleging that inclusion of a provision (known as a “Dead-Hand Proxy Put”) in a company credit agreement that would have the effect of entrenching members of the company’s board of directors was a breach of fiduciary duty and should be declared unenforceable.  Soon after the filing of the complaint, the company agreed to remove the offending provision.
 

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