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The SEC's "best price" rule raises difficulties for companies planning tender offers. While some courts set forth a less restrictive approach to the rule, the 2nd Circuit recently applied the rule against the payment of a non-competition fee to an executive officer of the target company in a tender offer. This broad application could block a wide variety of transactions that typically occur in tender offers.
January 30, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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