Whether the company has any liability exposure will depend on the degree of company involvement and the relevance of any undisclosed information. There are certain federal securities laws that must be addressed. A tender offer is a proposal that an investor makes to the shareholders of a publicly traded company Private vs Public Company The main difference between a private vs public company is that the shares of a public company are traded on a stock exchange, while a private company's shares are not.. Bidders may conduct tender offers to acquire equity (common stock) in a particular company or debt issued by the company. Tender offer: Depending on the number of sellers and other factors, the transaction may need to be structured according to the SEC’s Regulation 14E (e.g., offer kept open for 20 business days). Implication of the Tender Offer rules--We understand that a broad option repricing (e.g., particularly involving ISOs) will generally implicate the TO rules. By Werner van Rooyen, Director of HowToTender (Pty) Ltd which specializes in tender consulting and tender training. A tender offer is one method of acquiring the stock of a public company. If the person making the tender may own more than 5% of the company’s securities after the tender offer is completed, they must file a Schedule TO with the SEC, including certain delineated disclosures. Where a tender offer is being made by a company or its management, it is often in association with a going private transaction. A couple of questions on option repricing in the private company context that I cannot seem to find much discussion or guidance on: 1. A tender offer is typically an active and widespread solicitation by a company or third party (often called the “bidder” or “offeror”) to purchase a substantial percentage of the company’s securities. NPM's tender offer technology eases the operational burden on a private company and the purchasers, and streamlines the process of collecting participant interest and document signing.

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