I
recently discussed on this page how the 2020 corporate annual
meeting season was facing its own challenges in the midst of the
global pandemic and worldwide orders against the congregation of
persons, and discussed the potential use of virtual annual meetings
being conducted remotely by electronic communications as a means to
overcome such challenges. On the evening of April 6, 2020, the
Governor of the State of Delaware issued his Tenth Modification to the Covid-19 State of
Emergency, which contained provisions fostering a Delaware
corporation's ability to react where it had already called and
noticed an annual meeting of stockholders to be held in-person.
The Tenth Modification of the Covid-19 State of Emergency
permits Delaware corporations subject to the reporting requirements
of Section 13(a) and 15(d) of the Securities Exchange Act of 1934,
and who have already given notice of an in-person annual meeting of
stockholders, to either (a) convene the meeting as