Latest Decisions in Takeover Matters

Decision 410/05 dated 13 December 2012 in the matter of Quadrant AG

In its decision 410/05, dated 13 December 2012, in the matter of Quadrant AG, the TOB held that the offer price of CHF 86.00 of Aquamit B.V.’s public takeover offer from 2 June 2009 to the shareholders of Quadrant AG complied with the legal requirements regarding the minimum price. The TOB reaches this conclusion after and evaluating the potential significant other benefits in addition to the payment of the purchase price for shares of Quadrant AG which Aquamit B.V. purchased from the Quadrant management prior to the public offer. This additional evaluation and TOB decision became necessary after the Federal Administrative Court partly approved the appeal of one of the qualified shareholders of Quadrant AG in its decision of 30 November 2010 and send the case back to the TOB for re-evaluation.

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