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Re: kenjen43 post# 303503

Thursday, 12/23/2010 11:13:11 AM

Thursday, December 23, 2010 11:13:11 AM

Post# of 433277
kenjen: What happens with non tendered shares depends on the laws of state of incorporation. Below is one lawyer's general response. A non tendering shareholder who is not happy with the offering price usually has the option of having his own appraisal done as to value of the shares, but that can be pretty expensive, with no guarantee that it will result in a higher amount.



Q. What are the implications if a shareholder doesn't sell his shares in connection with a tender offer? Can I make the company buy my shares later at a higher, or any, price?



A. This question comes up fairly often unfortuately. Your answer depends primarily on the terms of the tender by the Company but if you were given a cut-off date and failed to tender, there's not much you can do. Generally the company will have not continuing duty to offer to buy back the non-tendered shares at any price.

http://research.lawyers.com/ask-a-lawyer/Failure-to-Tender-Shares-5877.html
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