Bioenvision, Genzyme seek to reopen vote on merger

NEW YORK Tue Oct 9, 2007 9:52pm EDT

NEW YORK Oct 9 (Reuters) - Bioenvision Inc BIVN.O and Genzyme Corp GENZ.O said on Tuesday that they filed a petition with a Delaware court seeking to reconvene a special meeting of shareholders to vote on their planned $345 million merger.

Bioenvision and Genzyme are pursuing the deal despite opposition from SCO Capital Partners LLC, a major Bioenvision shareholder.

SCO Capital, which holds about 13.4 percent of Bioenvision, has said it would vote against Genzyme's proposed takeover of the company, saying the $5.60-per-share offer was inadequate.

Bioenvision and Genzyme said they would like to reopen the polls to ensure that all Bioenvision shareholders are afforded an opportunity to vote.

A Bioenvision spokeswoman declined to comment on the result of a shareholder vote held on Oct. 5. Genzyme was not immediately available for comment.

In a release from Oct. 4, when the special meeting began, Bioenvision said that 47 percent of the company's issued and outstanding common and preferred stock had indicated their approval of the merger.

The companies said the filing seeks to correct errors made in connection with last week's shareholders meeting that may have disfranchised some Bioenvision shareholders. It did not specify the nature of the errors.

The companies hope to hold another special meeting in late October. (Reporting by Chris Reiter)

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