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EYE » Topics » We and Abbott may not meet the closing conditions which could result in failure of the acquisition of us by Abbott.These excerpts taken from the EYE 10-K filed Feb 24, 2009. We and Abbott may not meet the closing conditions which could result in failure of the acquisition of us by Abbott. Abbott’s tender offer remains conditioned upon, among other things, (1) the satisfaction of the minimum condition, which requires that the number of shares validly tendered and not properly withdrawn before the tender offer expires, together with the number of shares owned by Abbott and its affiliates must represent at least a
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Table of Contentsmajority of the outstanding shares of our common stock on a fully diluted basis and (2) since January 11, 2009, there not having occurred a Company Material Adverse Effect (as defined in the Merger Agreement). We and Abbott cannot predict whether and when these conditions will be satisfied. If for any reason the conditions above are not satisfied, Abbott will not be obligated to complete its acquisition of us. We and Abbott may not meet the closing conditions which could result in failure of the acquisition of us by Abbott. number of shares validly tendered and not properly withdrawn before the tender offer expires, together with the number of shares owned by Abbott and its affiliates must represent at least a
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We and Abbott may not meet the closing conditions which could result in failure of the acquisition of us by Abbott. number of shares validly tendered and not properly withdrawn before the tender offer expires, together with the number of shares owned by Abbott and its affiliates must represent at least a
16 Table of Contents
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