CSX Capitulates In TCI Proxy Fight

Sep 16 2008 | 9:30am ET

Ending a long-running and ugly battle, U.S. railroad CSX Corp. will seat two director nominees whose victory over management candidates it had disputed.

The move to add the second pair of nominees proffered by activist hedge funds The Children’s Investment Fund and 3G Capital Partners comes after a federal appeals court upheld a lower court decision allowing the two funds to vote their 6.4% stake in CSX. The Second Circuit Court of Appeals refused to overturn the June decision which found that late disclosures by the hedge funds did not cause the irreparable harm to CSX shareholders necessary to strip them of their rights.

CSX said TCI chief Christopher Hohn and London Underground managing director Timothy O’Toole will join the company’s 12-member board on Sept. 24. Two other hedge fund nominees, including 3G’s Alexandre Behring, were seated in July. The Jacksonville-based company refused to seat Hohn and O’Toole at the time because their margin of victory was small enough that a CSX court victory could have kept them off the board.

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