S has to do by their written agreement with CLWR, is, if the present negotiations about a buyout fail, is wait until Nov/Dec of this year when the expiration of certain covenants between S/CLWR expire. Then S can assume control over CLWR outright. (I can't cite you chapter-and-verse right now, but this is available for review in SEC filings. And "teamrep" even mentioned it in a reply to me today on the CLWR board.
So, bottom line. S/SB will come out victorious over recalcitrant minority hedge funds that own CLWR and Charlie Ergen. But it may take a little longer than Hesse/Son had in mind.
Clearwire and its BOD are subject to Fiduciary duties. $4.40 is greater than $3.40. Clearly.
In the for-profit context, shareholders enforce director accountability by bringing derivative lawsuits against the
corporation in the event of a breach of fiduciary duty in order to protect their economic investment. BODs are legal targets and have to behave in a reasonable fashion. $4.40 over $3.40 is reasonable.
The Bottom line is That Sprint will lose some of the power over Clear that is what you meant to say.
In the past their was nobody interested in Clear like Today and that is how and why sprint has this control up to Nov / Dec.. and if their was any truth in what you just post Sprint would never had made a offer for Clear wire in the 1st place and gain the Attention they have Today.
Seems Pop was right there was a Fool Born every day .... ( meaning You )