Navigating Process Issues In Going Private Transactions

Law360, New York (July 9, 2013, 1:13 PM EDT) -- The mechanics of executing a going private transaction are no different from those of an arms-length transaction. The steps that need to be taken, the consents and approvals that must be obtained, and the overall timeline will generally be the same.

Going private transactions do differ from arms-length transactions in two significant respects. First, going private transactions are subject to the heightened disclosure requirements under Exchange Act Rule 13e-3. Second, going private transactions typically include certain procedural safeguards to protect the integrity of the negotiations process....
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