Sun extends offer for Taro once more

29 March 2009

India's Sun Pharmaceutical Industries has once again extended the expiration date of its tender offer to purchase all outstanding shares  of Israel-based Taro, in the latest installment of the ongoing dispute  (Marketletters passim).

The offer will now expire at 5:00 pm, New York City time, on April 3,  2009, unless further extended or earlier terminated. The offer was  extended to comply with a continuing order issued by the Supreme Court  of Israel prohibiting closing until it issues a decision on an appeal of  litigation against Sun by Taro and regarding the applicability of the  special tender offer rules. The Tel-Aviv District Court had previously  ruled in favor of Sun that a special tender offer was not required.

Sun's subsidiary Alkoloida is tendering the offer for the same cost as  the original merger (Marketletter May 28, 2007), $7.75 per share, under  an option laid out in the terms of that deal. Taro's withdrawal from the  agreement is being challenged by Sun.

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