Takeover Monitor: Current Public Tender Offers Under the German Securities Acquisition And Takeover Act

Morgan Lewis
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Current offers are driven by a number of objectives, ranging from a strategic investment to increase the target company’s future dividend capacity (voluntary takeover offer for shares of Deutsche EuroShop AG) to the achievement of the desired shareholder structure while reducing considerable listing-related costs through delisting the target shares (takeover and delisting tender offer for shares of Geratherm Medical AG), and acquisition of shares in a stock exchange shell company to reactivate it as an investment holding company (mandatory offer to the shareholders of Philomaxcap AG). It is further noteworthy that a possible armed attack against a member state of NATO has been included for the first time as a condition subsequent in a public tender offer (the takeover offer to the shareholders of Deutsche EuroShop AG).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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