Yes, the door has been left open for other parties to enter the bidding process, it's just that management cannot solicit or entertain other offers during the Exclusivity Period. I think there is nothing stopping a 'hostile' takeover offer at a higher price. But it is up to shareholders to decide if they want to sell and at what price. Since WES currently only have 17% of the votes wrapped up, I think there is plenty of scope for an improved offer, and I also think the members of the board who have signed up would know that.
From the ASX release today:
"Together with shares under the control of the directors and management of Kidman, thismeans that shareholders holding approximately 17% of the shares in Kidman intend to votetheir shares in favour of the Proposed Scheme in the absence of a superior proposal andsubject to the Independent Expert concluding that the Proposed Scheme is in the bestinterests of shareholders."
Since 17% seems like a very small percentage of the shares on offer, one would expect the necessary bid to get other shareholders on board will be greater than $1.90. Also, no one goes in with their best offer first, so I'm hoping that a $2+ offer will be needed to acquire the company.
KDR Price at posting:
$1.84 Sentiment: Buy Disclosure: Held