At $2.6 billion which they are basing on 81 million outstanding shares (currently yahoo shows about 67 million O/S). The newly issued shares from options / warrants will definitely vote with the pack. TSRX. there were lawyers on the scene, nobody cared and the deal came within 1.5 months.
Your right, that is the only we can do for the time being. There is nothing that will stop the merge, but that doesn't mean that Santarus Board of Directors or company is off the hook. If the lawyers can prove a breach in which today activity would show a strong case. I would be fine with a settlement down the road. Good luck to you guys.