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Proposals that constituted an alternative merger proposal

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Kissinger Inc., has just agreed to acquire Mashly Inc., in an all-cash offer of $25/share. According to the merger agreement, Mashly could not solicit, initiate or knowingly encourage any offers or proposals that constituted an alternative merger proposal. Which of the following can be inferred based on this information?

I. Mashly has agreed to dismiss its poison pill provision for Kissinger

II. Kissinger is bearing significant deal value risk

III. Mashly has agreed to a 'No-Talk' clause

A. I only

B. III only

C. II and III

D. I and III

E. I, II and III

Reference no: EM132509522

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