The way I read SEC rule 14a-11 it's going to be three years before any shareholder nominee can be included by right on the proxy, but I'm sure there will be many who disagree.
You raise an interesting point regarding a three member BoD coupled with the 25% limit. As a nominee would be attempting to replace 33%, would the nomination be allowed?
However, they will use our money to pay for an attorney to fight that effort just as they did with Pete Lozano
I believe you'll find that the nomination was ineligible from the outset and all the money expended was a waste of Company resources in having to prove such. It only has to be hoped that further resources aren't wasted on even more frivolous nominations.
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Be well