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Institutional Shareholder Services (ISS) Recommends Allergan Shareholders Call A Special Meeting Of Shareholders
Date:8/6/2014

Valeant, their 'scorched earth' campaign of unjustified attacks on Valeant's business and their efforts to prevent Allergan shareholders from voicing their perspectives on our offer, we believe that the only path forward is to replace a majority of the Allergan board, remove Allergan's anti-shareholder governance provisions and allow investors the opportunity to decide the outcome of this transaction.  Valeant remains committed to pursuing this compelling transaction, which will create an unrivaled platform for growth and value creation in healthcare." 

Excerpts from ISS Analysis & RecommendationCommenting on the "extensive bylaw constraints" the Allergan board has placed on the right to call a special meeting, ISS stated:

  • "There is little credible reason to believe the Allergan board has in any meaningful way struck an appropriate balance between the ability of shareholders to exercise their governance rights and the risk some shareholder might somehow abuse those rights. … Neither is it clear, however, that some of these requirements—particularly the information requirements on "associates"—in any meaningful sense useful to the company in trying to weed out whatever it is the board most fears when shareholders want to use their outdoor voice."
  • "Given the experience of many shareholders currently road-testing this same bylaw in the current consent solicitation, moreover, there seems increasingly little doubt that shareholders should seize the opportunity to do something about it, by supporting the call for a special meeting at which they will be able to eliminate them."
  • In addition to recommending that Allergan shareholders should PROVIDE CONSENT for the request to call a special meeting, ISS noted the following points for shareholders to consider in connection with the special meeting:

  • "Having gone through the effort to call it, moreover, shareholders may also want to keep a weather eye on
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  • SOURCE Valeant Pharmaceuticals International, Inc.
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