Consider the risk of a buy out at too low a price. Imagine a "plucked from the air figure" of $2.5 bn, offering approximately a SP of $12. If the board rejects then it coud be put to all shareholders. Here are some questions which I ask the forum to consider:
- Who holds the patents on the POET R&D, the company or Dr Taylor?
- Did some of these patents exist before the company's formation?
- Would a buyer proceed without a guarantee of access to the patents?
- Would the company be severly damaged by a shareholders acceptance of a board rejected offer as a consequence of resignations etc.
- If any contracts exist (they may do) would they be honoured after a hostile buyout?
- Does anyone know the legal position for the BoD in the event of a rejection under Canadian Law?
- What risks does a hostile buyer take on in such circumstances?
- Can I presume that no company would offer such a substantial amount without DD and, consequently, it would become common knowledge before any offer - can they do it silently?
David