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Activision sale cleared by Delaware Supreme Court

The injunction blocking Vivendi's sale of Activision has been overturned

The Delaware Supreme Court has overturned a preliminary injunction preventing Activision Blizzard from buying Vivendi's stake in the company. In September, the Delaware Court of Chancery blocked the sale due to a lawsuit filed against Activision by shareholder Douglas Hayes. Hayes argues that the sale requires the approval of shareholders to proceed. Vivendi filed an emergency appeal against the ruling in late September, attempting to remove the injunction before the October 15 termination date on the agreement.

The Delaware Supreme Court agreed with Activision's assertion that the sale was a stock repurchase and did not require the approval of minority shareholders.

With the injunction gone, Vivendi and Activision expect the deal to close by October 15. The deal will have ASAC II, an investment group led by Activision Blizzard CEO Bobby Kotick, buying 172 million shares from Vivendi for $2.34 billion and Activision Blizzard buying 429 million shares for $5.83 billion. The two transactions would give Activision control over Vivendi's 61 percent stake.

Wedbush Securities expects Activision's stock to outperform once the deal is completed, with a 12-month price target of $22 per share.

"While some investors may have concerns about declines for the company's core businesses, we remain fans of Activision Blizzard. The company communicates clearly, executes well, and its management appears to truly understand how to make money," said Wedbush is a recently released note.

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