Billionaire Carl Icahn, Dell Inc.'s second-largest shareholder, filed a lawsuit on Thursday to try to block the company from changing the record date of shareholders who may vote.
The company's board had said it would be willing to accept new shareholders into the vote beyond the existing June 3 record date despite rejecting its chief executive's proposal to raise his bid to $13.75 per share, contigent on eliminating abstaining votes from the tally.
Icahn wants to ensure that if the record date is changed, the special vote and the annual shareholder meeting will be held on the same date. He also requests founder Dell and "affiliates" be prevented from voting any new shares of the company picked up since February 5.
The suit, filed in the U.S. state of Delaware, comes a day before Dell's special shareholder vote will be held.