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Form #1560Purchase offer
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Purchase offer
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Purchase offer.
To the Holders of Capital Stock of ABC
Company of _________:
XYZ Company ("XYZ") offers to purchase from
you and the other holders of _________ Company of _________("the
company") all shares of capital stock tendered in proper form at
$_____ per share net, in cash, under the terms set forth and in the letter of
transmittal accompanying this offer. This offer will terminate at _________
—.m., _________ Daylight Time on _________[date], unless extended.
Payment for shares tendered on or prior to _________[date] will be made
as soon as practicable.
XYZ will purchase all shares properly tendered by the
expiration of the offer, provided that not less than _________ percent of the
outstanding shares of the company are properly tendered to the tender agent. If
less than _________ percent of the shares of the company are tendered prior to
the expiration of this offer, XYZ may, at its option, elect to purchase all of
the shares so tendered, but shall not be obligated to do so.
Holders of the capital stock of the company desiring
to tender their shares should transmit their certificates of stock in proper
form for transfer, accompanied by the letter of transmittal, to the tender
agent.
Holders of capital stock of the company who have stock
held by and registered in the name of a broker or dealer are urged to contact
their broker or dealer promptly if they desire to tender their shares. XYZ has
made no arrangements for payment of any fee or commission to banks or brokers
for soliciting or assisting in obtaining tenders of the stock.
A tender of shares may be made without delivery of
certificates by a bank or trust company or a member of a national securities
exchange who will guarantee, in writing or by telegram, the delivery of
certificates for the shares in proper form for transfer not later than
_________ business days after the tender agent shall give notice of acceptance
of the shares.
XYZ may, at its option, extend this offer for a period
not in excess of _________ days. All tenders are irrevocable until the shares
are purchased or returned, regardless of any extensions. To be eligible for
consideration, all tenders must be received by the tender agent before the
expiration of this offer.
Additional forms of the letter of transmittal may be
obtained from the tender agent named below. The completed form of letter of
transmittal and certificates for your stock in proper form for transfer should
be sent by you, your banker or broker to the tender agent:
The MMM Bank Corporate Agency Department [Address]
XYZ reserves the right to waive any of the terms and
conditions of this offer or any defect in the tendering of shares.
Attention is invited to the additional conditions of
this offer specified in the letter of transmittal.
[Date]
Very
truly yours,
XYZ Company
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Submissions to this site, including any legal or business forms, posts, responses
to questions or other communications by contributors are not intended as and should
not be construed as legal advice. You are strongly encouraged to consult competent
legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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