2023 Proposed Amendments to the General Corporation Law of the State of Delaware - Richards, Layton & Finger

Legislation proposing to amend the General Corporation Law of the State of Delaware (the “DGCL”) is expected to be introduced to the Delaware General Assembly for consideration during its 2023 regular…

Richards, Layton & Finger
In other words, Delaware is proposing to change its law to allow charter amendments to increase or decrease authorized shares for public companies w/ only a majority of voting shares, rather than majority of outstanding, in recognition of the fact that retail don't vote
@annmlipton This is really interesting. Do you think this proposed amendment makes it more or less likely Adam Aron gets the quick resolution he wants from the court?

@annmlipton Might the amendment incline the judge to say "Your original conversion vote was not legit, but don't worry - thanks to this new amendment you can just go and hold a new conversion vote (with only AMC votes counting, but with only a majority of AMC votes cast needed not an absolute majority)."

Presumably the company would still win a vote if only a majority of AMC shares cast was needed, but it would take a while to organize.

@AttractiveNuisance The amendment hasn't been adopted, I really can't say.