"Crossfitters Against Anthos Capital" Facebook group looks like it's deleted.
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No update from the Russes on the court decision. Normally we'd see them making noise, no?
AnthosandCrossfit.Blogspot.com now made private, a few hours after the legal news posted.
A clean-up in preparation of the impending merger, perhaps?
Google Cache to the rescue
hroughout these proceedings and contrary to such assertion, while the Parties to this dissolution action equally possess the entirety of the corporate stock; Petitioner seeking to sell the stock she owns to third party buyers, Respondent has not only managed to continue to operate the business, but has, somehow, and in the apparent absence of majority Support, authorized legal action by the corporation against Petitioner. Effectively, legal action by the corporation has somehow been approved by one 50% stockholder against the other 50% stockholder while a 50/50 stock ownership deadlock exists and Petitioner has clearly not acceded to the Corporation’s engaging in such legal action. Clearly, if Respondent has acted and continues to act under color of corporate authority in regard to the business of the corporation to this point in time, seemingly nothing would change with the sale of Petitioner's stock.
Respondent also argues that Arizona law is clear that when a family business is a marital asset, Husband should either purchase or redeem the Wife’s stock interest‚ citing various case authorities. In review of that case authority it does not appear to be on point with the factual circumstances of this case. That having been said, the Court is supportive of the general concept that, at dissolution, the retention of family control over what has, to that point, been a family business is certainly to be considered toward a determination of what is equitable. What has not been provided the Court, is any authority for the concept that a fifty percent (50%) shareholder in a family business is obligated to take a multi-million dollar loss, at dissolution, through the requisite consolidating of stock holdings in a family owned business solely for the purpose of allowing the remaining shareholder spouse the unimpeded control and uninhibited growth of a family business toward his continued and personal financial betterment.
That is not the law and would not be fair or equitable.
Finally, Respondent states that it would be, “totally inequitable”, for the court to break up the business by allowing Petitioner to sell 50% of the stock of the corporation to a third party venture capitalist, and thereby force Respondent to be in business with an entity with which he has no desire to be in business. Petitioner has not “forced” that outcome. As best the Court understands‚ Petitioner is attempting to maximize the value of her undisputed portion of the marital estate at its dissolution and until recently Respondent has not seriously addressed the fair market value purchase of Petitioner's interest. One who seeks equity must do equity.
Delicious.
If Couch buys her shares for $16 million, the net of the Anthos sale, won't her take-home be less after taxes? She would still be making less.