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The Securities and Exchange Commission's "best-price rule" continues to trouble parties that wish to conduct tender offers. The intent of the rule is to ensure equality among tendering shareholders. However, different courts have used different tests in applying the rule. Although this confusion continues, some patterns are emerging that may be useful for companies that have strong reasons for using a tender-offer structure.
November 18, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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