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Tuesday, October 12, 2010 12:18:29 PM
http://www.sec.gov/interps/telephone/cftelinterps_exchangeactrules.pdf
Rule 12g-4
Following a tender offer, a company has sufficiently few shareholders to file a Form 15 pursuant to Rules 12g-4 and 12h-3. Subsequently, the company will have a back-end merger. The Division staff ordinarily will not accelerate termination of Section 12(g) registration under Rule 12g-4 where an Exchange Act event is anticipated. ACCORDINGLY, THE COMPANY WILL BE REQUIRED TO FILE A SCHEDULE 14A PROXY STATEMENT OR A SCHEDULE 14C INFORMATION STATEMENT RELATING TO THE BACK-END MERGER DURING THE 90-DAY PERIOD BETWEEN FILING THE FORM 15 AND TERMINATION OF REGISTRATION PURSUANT TO RULE 12G-4. (caps were me)
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