Originally Posted by
stupidhead
Who? KE or the board members individually? IANAL but it seems to me that if selling OZ Cargo to someone else at arm's length below FMV is potentially a breach of fiduciary duty, selling it to themselves below FMV would be tantamount to criminal embezzlement.
And selling it to KE would defeat the purpose since the EU would never approve as they're the ones insisting on the divestiture in the first place to diminish KE's market share in cargo.
A Google search in Korean indicates that the board will meet again later this week, and while KE's board approved everything on their end, their approval will be void if OZ's Board doesn't approve the sale.
No. My thinking is that since the OZ board is currently cornered and they know that KE doesn't want the cargo unit, THEY could spin it out themselves prior to the merger and give their shareholders stock in the new entity.
With respect to market value, if they put it on the open market and the highest offer is 5% of the asset value (or valuations based on future cash flows), that is market value.