Tuesday, 3 September 2013

DEFENSIVE MEASURE - SHARK REPELLENT

Today's word: DEFENSIVE MEASURE - SHARK REPELLENT
Theme for this fortnight: MERGERS & ACQUISITIONS



 

Companies may implement "defensive measures" (sometimes called "shark repellent") to help resist being acquired by another company, or to permit a greater opportunity to negotiate better price and terms with the bidder. Common defensive measures include "poison pills," which often permit the target company's shareholders to purchase additional equity to dilute the bidder, "staggered boards," which provide for the election of directors in annual tranches, making it more difficult for the bidder to replace a majority of entire board quickly, and supra-majority voting requirements. Business entity and securities laws may govern the adoption of defensive measures. Companies should consider their duties to equity holders and others in determining whether these measures are in the Company's best interests. Investors often resist defensive measures, due to their impact on potential sale transactions.

 

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