The Use Of Tender Offers In The US

Law360, New York (February 1, 2010, 2:04 PM EST) -- As a result of current market uncertainties encouraging buyers and sellers to close deals more quickly and the U.S. Securities and Exchange Commission’s clarification of the “all holders/best price” rule, tender offers have been increasing as a percentage of overall U.S. public M&A activity over the past couple of years.

In a negotiated transaction whereby the buyer has the support of the target company, recently buyers have been electing more frequently to use a cash tender offer as the first step in acquiring a target company....
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