- 5 - However, petitioner could not obtain financing. Thus, O’Dowd compelled a buyout of petitioner’s stock. B. Arbitration 1. Proposed Interim Award On August 24, 1998, pursuant to the arbitration clause of the shareholders’ agreement, petitioner demanded arbitration regarding O’Dowd’s buyout. On December 1, 1999, the arbitrator issued a proposed interim award (the December 1999 award) finding that O’Dowd had not acted improperly in his attempt to buy petitioner’s shares. The December 1999 award stated that the arbitrator would reassess the award after considering motions for reconsideration and entry of partial final award. 2. Partial Final Award The arbitrator issued a partial final award on March 8, 2000. The arbitrator found that O’Dowd’s actions were consistent with the buyout provision of the shareholders’ agreement. The award permitted O’Dowd to treat the purchase of petitioner’s stock as having occurred on September 24, 1998, 90 days after O’Dowd invoked the buyout provision of the shareholders’ agreement. The arbitrator made the following findings: (a) But for petitioner’s failure to tender his shares to O’Dowd within 90 days of O’Dowd’s deposit of $47 million with Green Hills, his legal or beneficial interest in Green Hills would have terminated on September 24, 1998; (b) O’Dowd has the right but not thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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