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To: Tunica Albuginea who wrote (17414)2/21/2000 6:16:00 PM
From: Bob Howarth  Read Replies (2) | Respond to of 18016
 
The more I think about it the less I like the fact that IR guy quit. In his shoes, I would only quit now if I was not able to deliver the message tomorrow during CC. What message? Something like: "We are going it alone .... blah blah blah". Might be the right approach, but nobody on the planet will believe it! At least for a couple of quarters. The good news is that even with this news the stock did not cave on TSE so maybe I am just paranoid.




To: Tunica Albuginea who wrote (17414)2/21/2000 9:23:00 PM
From: Doug  Respond to of 18016
 
Tunica: Your presentation is incomplete because

a: The price on the Closing of the transaction day has been
omitted.
b: The Arb discount which ran extremely high at time of proposal made it necessary for DIGI holders to hold till closing because there was a strong possibility of rejecting the offer.
c: It is stated by you that I am misrepresenting the facts. In actual fact, the DIGI holders and 3 different sets of Lawyers sued ALA for misrepresenting the facts. The Lawyers notices were publicly posted and no one including shareholders dared then to publicly post a rebuttal that the Lawyers were misrepresenting the facts.
d: ALA at the time earned about 6% of its revenue from Russia. Wall Street thrashed ALA because of what they suffered in the DIGI deal . The percentage slide from high to low is adequate proof. No other TELECOM suffered that percentage in the same period.

Contractual protection between proposal and acceptance of offer is the only way to safeguard the interest of the Investors in the taken over Company. If I remember correctly that was the modus operandi for the Stanford acquisition.

If there is no contractual protection, it should be no surprise if the ARB percentage is as high as for similar ALA deals.