The Indy Star reports the 7th U.S. Circuit Court of Appeals upheld a lower court's ruling that Emmis, an Indianapolis radio station owner, didn't violate Indiana law by buying up and voting its own shares during the battle with the dissident investors.
"It has been a long road, but we are incredibly gratified that the 7th Circuit upheld Judge (Sarah) Barker's ruling, and denied the arguments made by dissident preferred shareholders," said Jeff Smulyan, chairman and CEO of Emmis.
The decision should end a long-running fight between Emmis and several of its preferred shareholders led by Corre Opportunities Fund LP. It began after Emmis stopped paying dividends on preferred stock during the recession in 2008.
Two years later, Emmis tried to go private and buy out preferred shareholders. The proposal failed to get enough support. By 2011, preferred shares in Emmis had fallen in value to less than $13 a share from their original price of $50.
Emmis, which is owned by Smulyan, eventually bought up a majority of preferred shares, transferred them to an employee trust and voted to strip preferred shareholders of their rights. More than $10 million in preferred dividends have gone unpaid since 2008. The dissident shareholders were trying to force Emmis to pay up.
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