The companies are pursuing the deal despite opposition from a key Bioenvision shareholder, SCO Capital Partners LLC.
The petition seeks that the court permit Bioenvision to reconvene the special meeting of stockholders in late October and reopen the polls to ensure that all of its stockholders are afforded an opportunity to vote for or against the adoption of the merger agreement and for those votes to be properly counted.
In addition, this relief would provide that appraisal rights relating to the merger agreement be available to all Bioenvision stockholders prior to taking the vote in late October.