78.3789 - Delivery of offeror’s statement by acquiring person; contents of statement.
78.3789 Delivery of offeror’s statement by acquiring person; contents of statement. An acquiring person who has made or offered to make an acquisition of a controlling interest in an issuing corporation may deliver an offeror’s statement to the registered office of the corporation. The acquiring person may request in the statement that the directors of the corporation call a special meeting of the stockholders of the corporation, as provided in NRS 78.379. The statement must set forth:
1. A recital that the statement is given pursuant to this section;
2. The name of the acquiring person and of every person associated with him or her in the acquisition;
3. The number of shares in any class of voting securities owned, as of the date of the statement, by the acquiring person and each person with whom he or she is associated, or which the acquiring person intends to acquire;
4. The percentage of the voting securities of the corporation owned, as of the date of the statement, by the acquiring person and each person with whom he or she is associated, or which the acquiring person intends to acquire; and
5. If the acquiring person has not yet acquired the securities of the corporation, a detailed description of:
(a) The terms and conditions of the proposed acquisition; and
(b) The means by which any required consideration, and any indebtedness incurred to consummate the transaction, are to be paid.
(Added to NRS by 1987, 757; A 1993, 966)