My mistake - Sirdean may be right.
The anouncement did say "The Offer is final as to price, in the absence of a superior proposal". When i saw "the offer is final" i hastily thought that ZFX could not offer any higher due to the newly enforced "truth in takeovers" provision - where final price meant final price. Have to pay more attention to the conditions!
If this is valid condition, then in my opinion this makes a mockery of the truth in takeovers provisions. It's absurd to say your offer is "Final" under the new regime, but yet have a valid disclaimer.
Every company can now just say that their offer is final in price, in the absence of a superior proposal, and the intent of the laws have been effectively usurped. The word "final" effectively ceases to be relevant if that is a vlid condition. Since the announcement was released as a joint release between both companies, it appears that Zinifex's condition is legitimate and does in fact allow ZFX to raise their offer if somebody else makes a bid.
Anyone out there have more knowledge than i do of the "truth in takeovers" provisions?
Ohh well i'll just continue to hold and see if another bidder joins in. At the very least, this will at least bring the takeover battle to a quicker resolution.
Cheers
Baphomet
i wouldnt be accepting zfxs offer just yet, page-6
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