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someconcerns

12/23/10 10:34 AM

#303512 RE: kenjen43 #303503

At minimum, I would instruct your broker not to tender the shares. Usually, the broker will send you a form to decide one way or the other. However, I once saw my broker (Quick & Reilly) go ahead and tender my shares anyway.

olddog967

12/23/10 11:13 AM

#303522 RE: kenjen43 #303503

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

Ellix

12/23/10 12:37 PM

#303538 RE: kenjen43 #303503

I had shares in a diagnostic imaging company which was bought out by GE. The price was very low, not acceptable to most investors, and lower than the entry price to many but the management and others who controlled over 50% of the shares gave in.

You cannot do anything about it. The investors on this board have little say over whether we would permit takeover. Hopefully those who have control over voting would have better sense. But look at how R. Roath was re-elected back into the board with 70% of the votes in spite of many here objecting. We here don't have that much influence, period.