Tuesday, August 02, 2011 5:25:26 PM
I described this some time ago...I've been in mergers and acquisitions.
When you are doing due diligence to acquire a company (friendly takeover) then you get ALL MATERIAL AND NONPUBLIC INFORMATION.
ERHC was clearly intending on buying Exile...hence they got the information. If later plans change, then that is fine too, so long as that information is kept confidential and ERHC doesn't trade on it (i.e. sell), but it can continue to buy until a buy out or just stop if its due diligence indicates a problem.
Companies involved in M&A are not subject to the same rules as investors with regard to material and nonpublic info.
Krombacher - the above may be wrong.
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