Enzon shareholder requests company set record date for consent action

By Lisa Kerner

Charlotte, N.C., July 7 - DellaCamera Capital Management, LLC and its affiliates on Tuesday formerly requested that the board of directors of Enzon Pharmaceuticals, Inc. set a record date in order to determine which stockholders are entitled to act by written consent.

The shareholder is pursuing a consent solicitation in order to amend Enzon's bylaws and to remove Enzon's chief executive officer and president, Jeffery H. Buchalter.

Enzon is required to adopt a resolution fixing the record date within 10 days of receiving the request, DellaCamera said.

The record date must be no more that 10 days after the date of the resolution.

DellaCamera, with an 8.3% stake in Enzon, has been actively seeking changes at the Bridgewater, N.J., biopharmaceutical company since January.

In May, the Delaware Court of Chancery denied Enzon's motion to expedite proceedings in Enzon's lawsuit against DellaCamera.

As previously reported, Enzon filed the lawsuit against members of the DellaCamera Group seeking, among other things, a declaration that the DellaCamera consent solicitation is unlawful and invalid under Delaware law.

The court ordered that if DellaCamera's stockholder proposals are adopted, they will not be implemented or affect Buchalter's employment until the Court of Chancery rules on the validity of the proposals in an expedited proceeding, which was a condition of the court's denial of Enzon's motion.

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