Even so, the lever Ergen had to work with was that the original formation documents, more complicated than any you have ever seen, said that in any attempt to reacquire Clearwire by Sprint, a majority of the minority shareholders had to vote in favor of the deal. Faced with a fear that the proxy vote would fail, Clearwire was busy working the phones. On May 22, 2013, Sprint raised its bid to $3.40. A week later on 5/29, DISH offered $4.40 and for the first time, the Clearwire special committee actually endorsed the substantially higher bid. One presumes that if they hadn't, they would have been highly vulnerable to being sued for not doing their job.