Expiration of the Hart-Scott-Rodino waiting period for acquisition of Inhibitex, Inc.
Posted: 3 February 2012 | | No comments yet
Expiration of the HSR waiting period for acquisition of Inhibitex, Inc…
Bristol-Myers Squibb Company (NYSE: BMY) announced today that the waiting period under the Hart-Scott-Rodino Antitrust Improvement Act of 1976, as amended (HSR) for its tender offer for Inhibitex, Inc. (NASDAQ: INHX) has expired.
Bristol-Myers Squibb initiated on January 13, 2012, through its wholly-owned subsidiary Inta Acquisition Corporation, a cash tender offer to purchase all outstanding shares of common stock of Inhibitex for $26.00 per share.
The expiration of the HSR waiting period satisfies one of the conditions to the tender offer, which will expire at 12:00 midnight (New York City time) on Friday, February 10, 2012, unless extended in accordance with the merger agreement and the applicable rules and regulations of the SEC. The tender offer is conditioned upon, among other things, there being validly tendered in accordance with the terms of the tender offer and not validly withdrawn prior to the expiration of the tender offer, a number of shares which, together with any shares then owned by Bristol-Myers Squibb and Inta Acquisition Corporation, represent a majority of the issued and outstanding shares plus all shares which Inhibitex, Inc. may be required to issue as of such date to holders of stock options or warrants.
MacKenzie Partners, Inc. is acting as information agent for Bristol-Myers Squibb. CitiGroup Global Markets Inc. is serving as financial advisor to Bristol-Myers Squibb in connection with the transactions and as the dealer-manager for the tender offer. Kirkland & Ellis LLP is acting as legal counsel to Bristol-Myers Squibb. Credit Suisse Securities (USA) is serving as financial advisor to Inhibitex in connection with the transactions and Inhibitex is represented by Dechert LLP.