By: Cydney Posner

On October 18, the SEC is finally scheduled to consider adoption of amendments to the best-price rule for issuer and third-party tender offers. The amendments would clarify that the best-price rule applies only with respect to the consideration offered and paid for securities tendered in a tender offer and not to employment compensation, severance or other employee benefit arrangements entered into with security holders. (As noted in my email yesterday, the plan to consider changes to Rule 14a-8 previously announced with great fanfare by the SEC has been postponed from October 18 to December 13.) Read more on the best-price rule proposal.

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