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EQIX » Topics » We have various mechanisms in place that may discourage takeover attempts.

This excerpt taken from the EQIX 10-Q filed Apr 29, 2009.

We have various mechanisms in place that may discourage takeover attempts.

Certain provisions of our certificate of incorporation and bylaws may discourage, delay or prevent a third party from acquiring control of us in a merger, acquisition or similar transaction that a stockholder may consider favorable. Such provisions include:

 

  •  

authorization for the issuance of “blank check” preferred stock;

 

  •  

the prohibition of cumulative voting in the election of directors;

 

  •  

a super-majority voting requirement to effect business combinations or certain amendments to our certificate of incorporation and bylaws;

 

  •  

limits on the persons who may call special meetings of stockholders;

 

  •  

the prohibition of stockholder action by written consent; and

 

  •  

advance notice requirements for nominations to the Board or for proposing matters that can be acted on by stockholders at stockholder meetings.

In addition, Section 203 of the Delaware General Corporation Law, which restricts certain business combinations with interested stockholders in certain situations, may also discourage, delay or prevent someone from acquiring or merging with us.

These excerpts taken from the EQIX 10-K filed Feb 26, 2009.

We have various mechanisms in place that may discourage takeover attempts.

Certain provisions of our certificate of incorporation and bylaws may discourage, delay or prevent a third party from acquiring control of us in a merger, acquisition or similar transaction that a stockholder may consider favorable. Such provisions include:

 

  •  

authorization for the issuance of “blank check” preferred stock;

 

  •  

the prohibition of cumulative voting in the election of directors;

 

  •  

a super-majority voting requirement to effect business combinations or certain amendments to our certificate of incorporation and bylaws;

 

  •  

limits on the persons who may call special meetings of stockholders;

 

  •  

the prohibition of stockholder action by written consent; and

 

  •  

advance notice requirements for nominations to the Board or for proposing matters that can be acted on by stockholders at stockholder meetings.

In addition, Section 203 of the Delaware General Corporation Law, which restricts certain business combinations with interested stockholders in certain situations, may also discourage, delay or prevent someone from acquiring or merging with us.

We have various mechanisms in place that may discourage takeover attempts.

Certain provisions of our certificate of incorporation and bylaws may discourage, delay or prevent a third party from acquiring control of us in a merger, acquisition or similar transaction that a stockholder may consider favorable. Such provisions include:

 

  •  

authorization for the issuance of “blank check” preferred stock;

 

  •  

the prohibition of cumulative voting in the election of directors;

 

  •  

a super-majority voting requirement to effect business combinations or certain amendments to our certificate of incorporation and bylaws;

 

  •  

limits on the persons who may call special meetings of stockholders;

 

  •  

the prohibition of stockholder action by written consent; and

 

  •  

advance notice requirements for nominations to the Board or for proposing matters that can be acted on by stockholders at stockholder meetings.

In addition, Section 203 of the Delaware General Corporation Law, which restricts certain business combinations with interested stockholders in certain situations, may also discourage, delay or prevent someone from acquiring or merging with us.

We have various mechanisms in place that may discourage takeover attempts.

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">Certain provisions of our certificate of incorporation and bylaws may discourage, delay or prevent a third party from acquiring control of us in a merger,
acquisition or similar transaction that a stockholder may consider favorable. Such provisions include:

 







 • 

authorization for the issuance of “blank check” preferred stock;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

the prohibition of cumulative voting in the election of directors;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

a super-majority voting requirement to effect business combinations or certain amendments to our certificate of incorporation and bylaws;

 







 • 

limits on the persons who may call special meetings of stockholders;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

the prohibition of stockholder action by written consent; and

 







 • 

advance notice requirements for nominations to the Board or for proposing matters that can be acted on by stockholders at stockholder meetings.

In addition, Section 203 of the Delaware General Corporation Law, which restricts certain business combinations
with interested stockholders in certain situations, may also discourage, delay or prevent someone from acquiring or merging with us.

EXCERPTS ON THIS PAGE:

10-Q
Apr 29, 2009
10-K (3 sections)
Feb 26, 2009

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