Which of the Following Was the Result on Appeal in the Case

question 25

Multiple Choice

Which of the following was the result on appeal in the case in the text Air Products & Chemicals,Inc.v.Airgas,Inc.,involving whether the defendant's board of directors breached its fiduciary duties to stockholders by refusing to redeem a poison pill in place and allow a hostile takeover to proceed?

• A) That the board satisfied its fiduciary duties because as a matter of law directors may use poison pills to block hostile takeovers that would result in a change of management.
• B) That the board satisfied its fiduciary duties because the members acted reasonably in response to the belief, based on reasonable grounds, that the hostile takeover offer was inadequate and posed a legitimate threat if accepted.
• C) That the board failed to act reasonably because the members acted in their own self interest, not in the best interests of the shareholders, and that the board failed to properly seek expert opinion regarding the hostile take over offer in relation to the value of the company.
• D) That the board failed to act reasonably because as a matter of law it could not leave the poison pill in place in the face of a hostile takeover bid.

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Definitions:

Board of Directors

a group of individuals elected to represent shareholders and make governing decisions on behalf of a corporation or organization.

SWOT Analysis

A strategic planning tool that assesses Strengths, Weaknesses, Opportunities, and Threats related to a business or project.

Organizational Assessment Tools

Instruments and methodologies used to evaluate an organization's effectiveness, efficiency, strengths, weaknesses, and overall performance.

Strategic Plans

Documents that outline an organization's goals and the strategies it will employ to achieve them over a specific period.