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... one have any doubt that the Vice Chancellor viewed the firm as a short term activist shareholder, he noted that MHR was the "eponymous creation of Mark H. Rachesky" and that Rachesky was "Carl Icahn's chief investment adviser." These descriptions spell trouble for MHR, something that becomes clear from the decision. In particular, the decision finds that a majority of the nine person board was beholden to MHR. In doing so, ...