You do know you can not force JOE to sell his shares if he does not want to...right?
Example. WMIH offers Joe $2 PPS to buy his shares, he say NO! Joe does not have to sell. He is not forced to. Let's say the Corp wants to offer Joe $10 PPS and he says OK. He sells his shares, that does not mean Bob has to sell his. He can keep his and WMIH will retire Joe's to the treasury..
In our case... We can not be forced to "tender" our shares without all 100% being forced to also. We can be solicited to tender for a sum equal to our choosing, but not forced to...
read the POR.
Question: "WHY DISCLOSE UPLISTING IN 180 DAYS IF YOU PLAN ON GOING PRIVATE?"
There is no chance for Rule 13-E here.