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Re: patchman post# 24594

Wednesday, 03/17/2010 2:05:47 PM

Wednesday, March 17, 2010 2:05:47 PM

Post# of 44127
This is the quote from the SEC website in regards to the "blackout" period. Let me know your thoughts interpreting this.

"as adopted in 10b-18(a)(13)(iv), the merger exclusion applies to (share) purchases that are effected during the period from the time of public announcement of a merger, acquisition or similar transaction involving a recapitalization, until the EARLIER of the completion of such transaction OR the completion of the vote by target shareholders (including any period where the market price of a security will be a factor in determining the consideration to be paid pursuant to a merger, acquisition or similar transaction) with the exceptions"

They way I understand this is that as long as the company has past the phase of negotiations and approval of the merger they can still purchase shares under Safe Harbor. Am I understanding it correctly in your eyes?

BTW - This was from the December 2002 amendments to Rule 10b-18.