TMA-2.5 TMA-2.5 No Withdrawal of an Offer
TMA-2.5.1
Except with the consent of the CBB, following an announcement of a firm intention to make an
offer , theofferor cannot withdraw theoffer and must continue to implement it unless theoffer is subject to the fulfilment of a specified condition and the condition has not been met.TMA-2.5.2
A change in general economic, industrial or political circumstances will not justify failure to proceed with an announced
offer , unless circumstances of an exceptional and specific nature arise.TMA-2.5.3
If a competitor has posted a higher
offer to the one already made by the firstofferor , the CBB may consent to the withdrawal of the announcedoffer . This should not carry any additional conditions other than those necessary for the implementation of such announcedoffer .TMA-2.5.4
If an
offeror is permitted to withdraw from anoffer , or anoffer is waived because of non-fulfilment of a condition, theofferor will be required to make an announcement giving reasons for the withdrawal.TMA-2.5.5
The CBB may seek to hear views of the
offeree company and its advisors, prior to consenting to a withdrawal of an announcedoffer .