Yep. The near term catalyst of NDA filing was not taken into account for considering the price floor. May be CBST was smart knowing the price will spike in the hot biotech stock market.
Regardless, with the tender offer unchanged from original PR release, I doubt cubist will re-negotiate now. We have to wait for next 20 days to see the outcome.
The price was destined to spike and if it wasn't for the proposed deal and all the additional SEC filings,the NDA would've possibly been submitted by now.
In the next 20 days,we'll see if either the investigations,company D or proposed lawsuit/s carried any weight.
In the grand scheme of things,20 days isn't long at all....