But now that opportunity is gone because of the poison pill plan having been upheld by the Delaware Chancery.

FORBES: Delaware Court Poison Pill Ruling Bad For Shareholder Value

Last week, Esmark said it had adopted what is known as a poison pill plan, an antitakeover provision that is triggered if an entity attempts to acquire 15.0% or more of the company's common stock.

FORBES: Magazine Article

To counter the uninvited overture, Overland implemented a poison-pill plan a week after Advanced Digital's announcement.

FORBES: Your Big Best Friend--Or Not