UPDATE 1-Icahn backs dissident group's Cyberonics
nominees
Mon Jan 22, 2007 6:15 PM ET
By John Poirier
WASHINGTON, Jan 22 (Reuters) - Billionaire investor Carl
Icahn said on Monday he plans to back three nominees by
Metropolitan Capital Advisors to the board of Cyberonics Inc.
<CYBX.O>, a medical device maker under investigation for its
stock options dating practices.
Icahn holds a 9.77 percent stake in Cyberonics, which will
have its annual stockholders meeting on Feb. 1, according to a
filing with the U.S. Securities and Exchange Commission.
The SEC filing detailed the Cyberonics shares purchased by
Icahn's investment vehicles since Jan. 10 at prices ranging
from $19.47 to $20.64 per share. Icahn paid a total of $46.9
million to buy 2.51 million shares, it said.
Company management is trying to get shareholders to
re-elect its slate of board nominees and reject a plan by
dissident shareholders. The board members up for reelection are
chairman Tony Coelho, a former congressman, and directors
Stanley Appel and Kevin Moore.
Metropolitan Capital wants to replace the three with Alfred
Novak, Arthur Rosenthal and Jeffrey Schwarz. Novak and
Rosenthal have experience working at medical technology
companies, and Schwarz is the chief executive of Metropolitan
Capital.
Metropolitan has voiced concerns about Cyberonics'
corporate governance and its charge of $18 million for stock
options dating practices. The fund also criticized an estimated
$5 million severance package for Cyberonics' former chief
executive officer.
Last week, shares of Cyberonics fell after the company's
auditor expressed doubt about its ability to continue as a
going concern.
Cyberonics makes an implantable device to treat epileptic
seizures and chronic depression,
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