Decisions
Icahn Partners LP, Icahn Partners Master Fund LP, Icahn Partners Master Fund II LP, Icahn Partners Master Fund III LP, High River Limited Partnership, Icahn Fund S.À R.L. and Daazi Holding B.V., 7508921 Canada Inc. and Ronald G. Atkey, in his capacity as sole trustee of the LGE Trust (collectively, the “Icahn Group”) and Lions Gate Entertainment Corp. [Decision]
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BCSECCOM #:
2010 BCSECCOM 590
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Document Type:
Decision
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Published Date:
2010-10-18
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Effective Date:
2010-10-18
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Details:
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2010 BCSECCOM 590
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2010 BCSECCOM 590
Icahn Partners LP, Icahn Partners Master Fund LP,
Icahn Partners Master Fund II LP,
Icahn Partners Master Fund III LP, High River Limited Partnership,
Icahn Fund S.À R.L. and Daazi Holding B.V., 7508921 Canada Inc. and
Ronald G. Atkey, in his capacity as sole trustee of the LGE Trust
(collectively, the “Icahn Group”)
and
Lions Gate Entertainment Corp.
Section 161 of the Securities Act, RSBC 1996, c. 418
| Panel | Kenneth G. Hanna, Commissioner |
 | Don Rowlatt, Commissioner |
| Shelley C. Williams, Commissioner |
| |
| Date of application | September 2, 2010 |
| Date of hearing | October 18, 2010 |
| Date of decision | October 18, 2010 |
| Appearing | |
| Mark Gelowitz | For the Icahn Group |
| Allan Coleman | |
| Robert Anderson, Q.C. | |
| Teresa Tomchak | |
| |
| Mark Andrews, Q.C. | For Lions Gate Entertainment Corp. |
| Andrew Nathanson | |
| Lata Casciano | |
| |
| Shawn McColm | For the Executive Director |
| Gordon R. Smith | |
| Leslie Rose | |
Decision
¶ 1 The Icahn Group has made an offer to acquire all of the common shares of Lions Gate Entertainment Corp. On September 2, 2010 the Icahn group applied for an order cease-trading a shareholder rights plan adopted by the Lions Gate Board of Directors on July 1, 2010.
¶ 2 We heard the application today.
¶ 3 We granted the application and, accordingly, we ordered, under section 161(1)(b) of the Securities Act, RSBC 1996, c. 418, that all persons cease trading any securities issued, or to be issued, under, or in connection with, the Lions Gate shareholder rights plan, including, without limitation, any rights issued under that plan and any common shares of Lions Gate to be issued upon the exercise of those rights.
¶ 4 Our reasons will follow.
¶ 5 October 18, 2010
¶ 6 For the Commission
Kenneth G. Hanna
Commissioner
Don Rowlatt
Commissioner
Shelley C. Williams
Commissioner