ARTICLE
16 May 2025

Schulte Partner Ele Klein Discusses Shareholder Opposition To Sunoco's Proposed Acquisition Of Parkland

SR
Schulte Roth & Zabel LLP

Contributor

With a firm focus on private capital, Schulte Roth & Zabel comprises legal advisers and commercial problem-solvers who combine exceptional experience, industry insight, integrated intelligence and commercial creativity to help clients raise and invest assets and protect and expand their businesses.
Shareholder opposition poses a threat to Sunoco's proposed acquisition of Parkland, largely due to the requirement for two-thirds shareholder approval under Canadian law.
United States Corporate/Commercial Law

Shareholder opposition poses a threat to Sunoco's proposed acquisition of Parkland, largely due to the requirement for two-thirds shareholder approval under Canadian law. Key stakeholders such as Simpson Oil, activist investor Engine Capital and proxy advisors ISS and Glass Lewis have all signaled resistance to the deal with Simpson Oil pushing to delay major corporate actions until new directors are seated, emphasizing dissatisfaction with the current board and the timing of the merger.

In a recentCTFNarticle, Ele Klein, Schulte's co-chair of the Global Shareholder Activism Group, underscored the serious challenge the deal faces, given the growing activist momentum against it and strategic advantage the opposition holds. He stated that Simpson's resistance — especially if supported by other shareholders — gives the dissenting group "tremendous leverage" over the proposed merger.

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