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LEVY v ILLINOIS SUPERCONDUCTOR Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 17,669, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, Plaintiff: LEVY, State: DE Delaware, UniqueCaseRef: DE>CC>00017669, Demand, Financing, Southbrook, Stock, Isco, Directors, Proposals, Illinois, Simpson, Purpose, Investments, Financing Agreement, Common Stock, Price, Illinois Superconductor Corporation, Books, Delaware, Documents Evidencing Communications, Southbrook International Investments, Agents, Fiduciary Duties, Conversion, Request, Brown Simpson, Transactions, Inspection, Ascertain, Operating , ContentID: 120240564

Case Documents
1 1999-12-14 COMPLAINT PURSUANT TO 8 DEL C SEC 220 FOR ACCESS TO CORPORATE BOOKS AND RECORDS
[ see first page and extracted highlights below  ] ItemID: 101509
9 pages
PDF
Total Documents: 1 document , 9 pages
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1 . COMPLAINT PURSUANT TO 8 DEL C SEC 220 FOR ACCESS TO CORPORATE BOOKS AND RECORDS

EXTRACTED KEY WORDS
FINANCING
SOUTHBROOK
STOCK
ISCO
PLAINTIFF
DIRECTORS
PROPOSALS
ILLINOIS
SIMPSON
PURPOSE
BUSINESS
INVESTMENTS
FINANCING AGREEMENT
COMMON STOCK
PRICE
ILLINOIS SUPERCONDUCTOR CORPORATION
BOOKS
DELAWARE
DOCUMENTS EVIDENCING COMMUNICATIONS
SOUTHBROOK INTERNATIONAL INVESTMENTS
AGENTS
FIDUCIARY DUTIES
CONVERSION
REQUEST
BROWN SIMPSON
TRANSACTIONS
INSPECTION
ASCERTAIN
OPERATING
                 IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE                                 

                                 IN AND FOR NEW CASTLE COUNTY



                                             Plaintiff,
v.

ILLINOIS SUPERCONDUCTOR CORPORATION,

                                             Defendant.
____________________---------------------------------------------------- x

                           COMPLAINT PURSUANT TO 8 DEL. C. d 220 FOR
                           ACCESS TO CORPORATE BOOKS AND RECORDS

                    1.       Plaintiff, Steve Levy, resides at 3100 Dundee  Road, Suite 801,

Illinois 60062. Plaintiff Levy is a shareholder of record of Illinois Superconductor Corporation

stock.

                   2.        Defendant Illinois Superconductor Corporation ("ISCO" or the "Company")

is a Delaware corporation with its principal place of business at 45 1 Kingston Court Mount

Illinois 60056.

                   3.        By letter dated November 9, 1999, which was forwarded to defendants on

November 18, 1999, plaintiff made a written demand upon ISCO (the "Demand Letter"), (Exhibit

1 hereto), pursuant to 8 Del. C. $220 to inspect and copy the following financial and other records

of ISCO for the period January 1, 1996 through June 30, 1998:

                    (4       Copies of the minutes of all shareholders' and directors' meetings;
           .,       (b>      A copy of the Corporate By-Laws of the Company;
                    (4       All financial records relating to loans to the Company;
                    Cd)      All documents evidencing communications including internal memoranda
                             concerning Company financing;

                    (e>      All documents evidencing communications with the following persons of
                             entities:

                             1) Sheldon Drobny;
                             2) Dr. Semir Sirazi;

SNIPPETS:
  • ILLINOIS SUPERCONDUCTOR CORPORATION,
  • Plaintiff Levy is a shareholder of record of Illinois Superconductor Corporation
  • is a Delaware corporation with its principal place of business at 45 1 Kingston Court Mount
  • November 18, 1999, plaintiff made a written demand upon ISCO, (Exhibit
  • (4 Copies of the minutes of all shareholders' and directors' meetings; ., (b> A copy of the
  • All documents evidencing communications including internal memoranda
  • Southbrook International Investments, Ltd.;
  • Brown Simpson Strategic Growth Fund,
  • All documents concerning the proposed Wexford Capital investments
  • (is> All documents concerning the Southbrook financing agreement with the
  • (0 All documents concerning transactions in the Company's stock by
  • Southbrook or Simpson or any person or entities acting as agents for,
  • Plaintiffs purpose in seeking such an inspection,
  • (4 to determine whether the Company's board of directors was operating,
  • (4 to ascertain the likelihood and extent of any breaches of fiduciary duties by
  • considering and ultimately choosing from various financing proposals in early to mid-1997:
  • convertible to IX0 common stock at the set price of $12 per share;
  • (4 this same proposal included the right to elect one member to the sixmember ISCO board as
  • convertible to ISCO common stock at a conversion price to be determined
  • Plaintiff asserts that the Demand Letter stated a proper purpose for the request
  • In that letter YOU stated that your client nlinois Supaconductor Caporation could not hoor M:
  • After wious coneidsration of your rcspansc WC have dctcrmined IO file a complaint in Chancery
  • All documents concerning the Southbrook financing agreement with ti!
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