- In the absence of such specification in the
certificate of incorporation or bylaws of the corporation: ...
(c) Directors shall be elected by a plurality of the votes of the shares present
in person or represented by proxy at the meeting and entitled to vote on the
election of directors.
-
DGCL § 216
(full text)
Licht v Storage Technology
(Del Ch 2005)
SEC_CODE_REF_0090001192884
- Challenge brought to treatment of abstentions as
no votes per DGCL § 216
- In context of majority vote required to approve a
resolution