On March 3, 2011, the Delaware Supreme Court issued
a one-page decision affirming Vice Chancellor Strine's decision in Yucaipa
American Alliance Fund II, L.P. v. Riggio, C.A. No. 5465-VCS (Del. Ch. Aug.
12, 2010), dismissing claims of breach of fiduciary duties and finding that
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Holders of preferred stock ("Series C-1 preferred
shareholders") appealed a decision from the Superior Court which found that the
Series C-1 preferred shareholders were not entitled to a liquidation preference
payout (estimated to be approximately $28.78 per share) because those shares