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clawmann

10/12/10 12:52 PM

#240888 RE: Civil War General #240887

Make my day. The rules treat a group of persons (including affiliates and collaborators) as one person. So if the group acquires 5% in the aggregate, the rules requiring a filing and a disclosure of intentions are triggered. If the intention is to acquire control, a tender offer must be made.
http://www.ehow.com/list_6734718_sec-tender-offer-rules.html
http://taft.law.uc.edu/CCL/34ActRls/rule14e-5.html

The law has been around long enough to contain provisions against such (very old) trickery and shenanigans.

I don't see JPM or anyone else being stupid enough to attempt anything like this. A tender offer for the shares of a debtor in reorg that the debtor is currently representing (in the POR) as worthless? Why would anyone make such an offer unless it were because they had access to non-public information (that the shares were not worthless), and that would open a whole new can of worms.