NOTE: This proxy should be marked, dated and
signed by each stockholder exactly as such stockholder's name appears hereon, and returned promptly in the enclosed envelope.
Not exact matches
If you are a
stockholder of record and you
sign your proxy card or vote
by telephone or over the Internet but do not give instructions with respect to the voting of directors, your shares will be voted FOR the re-election of Messrs. Gracias, Murdoch and Musk.
Pursuant to Section 228 of the DGCL, any action required to be taken at any annual or special meeting of the
stockholders may be taken without a meeting, without prior notice and without a vote if a consent or consents in writing, setting forth the action so taken, is
signed by the holders of outstanding stock having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all shares of our stock entitled to vote thereon were present and voted, unless the certificate of incorporation provides otherwise.
The draft agreement prepared on behalf of Avigen and submitted to BVF on March 24, 2009 provided that if the parties agreed on a strategic transaction, BVF would
sign a tender and / or voting agreement in favor of the transaction recommended
by the Board and presented to
stockholders for approval.