for NVF stock are at a price far above NVF's market price; and similar matters.
These issues, we believe, go to the merits of NVF's offer, and might well result in its rejection by Sharon stockholders, especially if Sharon management advises its stockholders accordingly; but do not properly debar plaintiff from a hearing on its proposition by Sharon's other stockholders. We think the offer is a relevant matter, under accepted corporate usage, in the current "merger" technique.
Accordingly an order should be granted permitting plaintiff access to the defendant's stockholders' list.
And now, to-wit, this 22nd day of January, 1969, upon consideration of the Plaintiff's Motion for Preliminary Injunction, and having considered the oral arguments, pleadings, affidavits, briefs, exhibits, and other documents submitted by counsel representing the parties, it is hereby ordered and decreed that Plaintiff NVF Company is permitted immediately to examine, to copy, and to make extracts from the share register of Defendant Sharon Steel Corporation. To expedite this decree, any officer or employee of Plaintiff, NVF Company, is hereby empowered to go to the principal office of Sharon Steel Corporation and be presented and be furnished with the most up-to-date share register at said place at a time no later than 10 A.M. Thursday, January 23, 1969. In addition, said officer or employee is hereby authorized to copy, or duplicate the information and material appearing in said share register and any other list of the shareholders of Defendant corporation with any modern electronic and/or photographic equipment and said Defendant will provide any electricity or power source and equipment necessary to run said machine and said officer or employee shall be permitted during the examination and duplication process to remain on the premises of said corporate defendant during the usual business hours from 9 A.M. to 5 P.M., or to take said share register from the premises in any manner mutually agreed upon by the parties. Furthermore, said officer or employee shall be permitted to return on succeeding days during the hours of 9 A.M. to 5 P.M. until said officer or employee is satisfied that he had the opportunity to examine fully and to copy all or any part of the contents of said share register. During the said hours, the Defendant Sharon Steel Corporation shall cause said share register to remain open for said examination and copying by said officer or employee of NVF Company.