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The formal statement said he had no authorisation from the board to talk with "the potential offeror" and had failed to disclose a possible interest in the outcome of these talks.
In a statement accompanying the group's annual meeting today, however, the company said it has in fact "engaged in discussions with Cinven" but it has also "received a conditional proposal from another potential offeror".
"The board of Brit Insurance reviewed this proposal and concluded that it significantly undervalues the group and has accordingly advised the potential offeror that it does not represent a basis on which the board is prepared to engage in any further discussions".
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In its statement, the board of Warner Chilcott said it was "conducting a process to explore a broad range of strategic alternatives to enhance shareholder value, which include preliminary discussions with potential offerors".
(A revocation by the offeror, however, does not take effect until received by the offeree).
In the German view, an offer binds the offeror for any stipulated period or, when the offer is silent as to time, for a reasonable period unless the offeror has expressly made the offer revocable.
In sum, the German and Anglo-American systems both try to achieve, and in a measure succeed in achieving, a fair balance between the offeror and the offeree.
This uncertainty makes the consequences of an attempted revocation unpredictable and thereby inhibits an offeror who might otherwise seek to revoke.
In German law the acceptance takes effect when it reaches the offeror, in the sense that he either knows or can learn of it.
A takeover with many conditions, particularly a due-diligence condition, signals that an offeror is waiting to negotiate with the target.
In Anglo-American common law, when parties contract by correspondence, the acceptance takes place on dispatch of the letter, but the offeror can stipulate that no contract will be formed until the acceptance has reached him.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com