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TIBCO Software Inc. Message Board

  • boz_inc boz_inc Sep 11, 2013 6:09 AM Flag

    Shareholder activism

    Now we know why TIBCO filed those forms a few months back...Dan Loeb's has taken a 3% stake in TIBCO.

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    • That is why I posted my comment on that day...

      • 2 Replies to ou812wi
      • On June 27, 2013, the Board of Directors of TIBCO Software Inc. (the "Company") amended and restated the Company's Amended and Restated Bylaws (as so amended and restated, the "Bylaws"). The principal changes made to the Bylaws were to:
        � (i) clarify and expand disclosure from and about any stockholder submitting a stockholder proposal or director nomination (including expanded disclosure about any director nominee), and (ii) require such stockholder to appear in person at the applicable stockholder meeting;

        � establish procedures for stockholder nominees of directors at special meetings called to elect directors, which procedures substantially mirror those used in connection with an annual meeting;

        � permit the Company's Board of Directors to fix a record date for voting at a stockholder meeting that is separate from the record date for the notice of such stockholder meeting;

        � provide that a person shall not be qualified to serve as a member of the Company's Board of Directors if he or she is party to certain compensation arrangements with a third party in connection with his or her candidacy or service as a director; and

        � make certain clarifying and conforming changes throughout the Bylaws.

        The Bylaws are attached as Exhibit 3.1 to this Current Report on Form 8-K. The foregoing description of the Bylaws is qualified in its entirety by reference to the full text of the Bylaws attached hereto.

      • Dan doesn't make mistakes. And agreed, TIBX is ripe for activism and I can assure you it is going to increase. Net result, TIBX will continue to run until it is sold, which will be soon. VR can go focus on the NBA, clearly, that is what he wants to do at this point. And of course, manage his daughters singing career. TIBX to $45 on a deal, count on it.

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