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The SEC's best-price rule continues to trouble parties that wish to conduct tender offers. Under the rule, a bidder must pay to each tendering shareholder the highest consideration paid to any other tendering shareholder. The intent of the rule is to ensure equality among tendering shareholders. In some cases, however, courts have characterized amounts paid to some shareholders as consideration for tendered shares.
November 08, 2004 at 12:00 AM
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The original version of this story was published on National Law Journal
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