This offer is subject to Take-Two agreeing by Feb. 22, 2008 to commence negotiation of a definitive merger agreement and to permit EA to commence a limited due-diligence review of Take-Two.
As a result, we would like to proceed in the process to acquire Dell and hereby submit, in accordance with the terms of the Merger Agreement, this Acquisition Proposal.
Following acceptance for payment of shares in the tender offer and completion of the transactions contemplated in the merger agreement, 3PAR would become a wholly-owned subsidiary of Dell.
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We have significant experience structuring and consummating transactions of this nature, and we believe we can complete our due diligence review and negotiate the terms and conditions of a Superior Proposal (as defined in the Merger Agreement) quickly during the next phase of the process.
Our proposal is subject to the negotiation of a definitive merger agreement and our having the opportunity to conduct certain limited and confirmatory due diligence.
Given the company's announcement Feb. 5 of a definitive merger agreement to take Dell private, the company is not providing an outlook for its fiscal 2014 or Q1.
We are prepared to move forward immediately with formal due diligence and the negotiation and execution of a definitive merger agreement, and believe that with adequate access to the necessary information and people, we can complete both in approximately two weeks.
Still, the chance for a contract agreement is limited by the bankruptcy time frame, by the gap between the parties and, if there were to be an agreement, by a perception among some pilots that rejecting a tentative agreement could augment the possibility of a merger with US Airways.
SoftBank has provided its consent to the transaction, as required under the terms of its recently announced merger agreement with Sprint.
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Severstal's billionaire controlling shareholder and Chairman, Alexei Mordashov, on Wednesday proposed to the Arcelor board a substantial improvement in the terms of the two steelmakers' merger agreement--a sweetening, it is hoped, that will ward off ad hominem attacks from Arcelor shareholders.
Huntsman said that in addition to denying the relief sought by Apollo and Hexion, the court also found that Hexion had breached a number of obligations and covenants under the merger agreement.
The company is also suing onetime suitor Tyson Foods (nyse: TSN - news - people) to force it to honor a merger agreement that it later backed out of.
In 2008, Royal Bank of Canada and FBW announced a merger agreement whereby RBC Dain Rauscher Inc. acquired FBW. Subsequently, Kuta subsequently was registered with FINRA member firm RBC Capital Markets Corporation from March through September 2009.
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We plan to invest equity amounts in excess of those new equity amounts contemplated by the Merger Agreement to facilitate the proposed transaction.
The demand for a referendum will be legal, say the kings, because unlike India's other former princely states, these hill kingdoms -- actually nothing more than a collection of hamlets -- did not sign a merger agreement with the Indian union in 1947.
Most of these were in recognised unions before the merger: one new agreement has simply replaced old ones.
The merger agreement, which Friedman evidently had drawn up without the advice of a seasoned investment banker, didn't have a "collar" clause calling off the deal if Associated's shares fell below a certain level.
Despite the breakup of the merger, the companies plan to enter a mutually beneficial roaming agreement with Deutsche Telekom.
Morgan Stanley entered a joint venture agreement with Citi to acquire the Smith Barney unit and the merger has had plenty of bumps including longer than expected technology integration.
We continue to believe that the DISH proposal is illusory and conditioned on many things, including the receipt of governance rights, a spectrum sale and a commercial agreement which are not actionable under our merger agreement and other agreements between Clearwire and Sprint.
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At the time, the companies signed an agreement with CADE to Preserve Reversibility of the Operation in order to guarantee the government that the companies could dissolve the merger if the transaction was not approved by CADE.
Due to the considerable time commitment and uncertainty of outcome, we will continue our due diligence and work toward providing a definitive proposal, only upon receipt of written confirmation from the Special Committee of the Board of Directors that the Investor Group has been determined to be an Excluded Party in accordance with the Merger Agreement.
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