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Note, however, that Airgas's arguments are not “just say no”; they are that the company needs more time to increase its value. These arguments are keyed to Chancellor Strine's language in the Barnes & Noble case and sustain a defense in litigation that the pill should remain in place even if Airgas loses the coming proxy contest.
By putting the timing of the shareholder meeting up to a vote, Air Products has allowed Airgas to claim that the shareholders have approved keeping the poison pill in place until the next annual meeting. This battle shows that the “just say no: defense may never be litigated — a point Prof. Brian Quinn has recently made .