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going private transactions in going private transactions in france

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A) Duality of <strong>go<strong>in</strong>g</strong> <strong>private</strong> procedures<br />

1) The traditional procedure: a squeeze-out preceded by a buyout<br />

offer<br />

Two possibilities for the controll<strong>in</strong>g shareholder:<br />

1) Reservation of the right to proceed with a squeeze-out after the offer, depend<strong>in</strong>g on<br />

the results;<br />

2) Automatic implementation on the clos<strong>in</strong>g of the buyout offer, whatever the results.<br />

Impact on the conditions of the buyout offer:<br />

Buyout offer <strong>in</strong> cash;<br />

Guarantees on the valuation of securities.<br />

IIn practice: ti<br />

25% of cases: the controll<strong>in</strong>g shareholder had held the 95% for some time;<br />

75% of cases: buyout and squeeze-out preceded by a recent <strong>in</strong>crease <strong>in</strong> the controll<strong>in</strong>g<br />

shareholder’s h h ld ’ hhold<strong>in</strong>g ldi i<strong>in</strong> the h company.<br />

32

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