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Strategies & Market Trends : The Options Box -- Ignore unavailable to you. Want to Upgrade?

To: Jill who wrote (1053)	5/31/2000 8:13:00 PM
From: t2	Read Replies (1) \| Respond to of 10876

Jill, It appears that JDSU/ETEK had in fact submitted the necessary information for the merger and are counting the days before the waiting period expires (20days from submissions). My suspicions were correct that the information was already submitted and that was why a vote was set by the ETEK board. Of course the risk is that the DOJ puts conditions or blocks it but I am betting on it getting approved before options expiration in June. Might not hurt to even buy speculative puts (in addition to the calls) on it if the stock rallies in the coming days. There could be fireworks anyday.<g> Message 13806979 To: pat mudge who wrote (10686) From: t2 Wednesday, May 31, 2000 8:04 PM ET Reply # of 10688 Pat, Very interesting filing--especially on the timetable for the merger. Most of the risks outlined are just routine, including collective bargaining, integration of operations etc.... However, I did see confirmation of what I had suspected about JDSU/ETEK already having provided the required information on the second request. They waiting period has not elapsed yet. I would guess they did this sometime in May, probably before KK resigned or was about to resign. I would think he made sure all documents were prepared (even if not sent to the DOJ) before he resigned. Quote from the filing-- ---------------------------- The merger is subject to the requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, which prevents reportable transactions from being completed until statutory waiting periods expire or are terminated. During such waiting periods, the Antitrust Division of the Department of Justice or the Federal Trade Commission may request the parties to provide, voluntarily or otherwise, certain information relevant to their review. JDS Uniphase and E-TEK have made the required filings with the Department of Justice and the Federal Trade Commission and the applicable waiting periods have not yet expired. On March 31, 2000, JDS Uniphase and E-TEK received requests for additional information and other documentary material from the Antitrust Division of the U.S. Department of Justice under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. This request extends the waiting period for this transaction. JDS Uniphase and E-TEK intend to comply with all requests for information from any government entity. The requirements of Hart-Scott-Rodino will be satisfied if the merger is completed within one year from the termination of the waiting period. ---------------------------------- I would note that it states that the DOJ can even object to the merger after the waiting period is over (and even if the merger is completed(?)) but I would think that is just a back up plan in case they totally screw up the review.