I am fairly certain that the terms of the offer prohibited them from buying on the open market. I will check again and post if that is not the case. But think about it...a rash of buying in volume would have caused a run and probably driven the price to buyout levels anyhow. And F52 faces the same thing we do, in that the approval is not 100% certain. If they had bought heavily and the vote is "no", they would be in a mess. I am sure the $3.125 figure was well thought out. The uncertainty of approval is actually in our favor right now.
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