Dell cannot now put in a poison pill since they are the one who put the company in play. MDell is proving every day why he should not be the CEO of Dell. How can anyone make a bigger mess of trying to take a company private that MDell. He now has Icahn in the fray and has no way to get the votes necessary. In addition, Icahn is evenuaully going to get board representation. The BOD should get rid of MDell and get someone competent.
The BOD should have considered that kind of action before accepting the DOA bid from Dell & PE Guys. Yet, based on their negotiation stance (lack thereof) with the offer; why would you think the BOD would do anything to benefit the unaffiliated shareholder?