NEW YORK Oct 9 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
Bioenvision and Genzyme are pursuing the deal despite
opposition from SCO Capital Partners LLC, a major Bioenvision
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
(Reporting by Chris Reiter)