Financing A Hostile Tender Offer - Dual Track Commitments

April 2012
The M&A Journal
2011 saw the launch of some prominent hostile tender offers for large publicly traded U.S. corporations. For instance, in December, Martin Marietta Materials began a hostile $4.8 billion bid for its rival, Vulcan Materials. Earlier, in July, International Paper Company launched a $3.3 billion tender offer for all outstanding shares of Temple-Inland Inc. As the legal and finance community searches for signs of life in the market for mergers and acquisitions, one question may be whether 2012 will see more hostile tender offers. The answer may well depend on whether financing is available to support potential transactions.