I’m looking to place an offer for some shares in a private but loosely held company where the company has first rights. Can I make a conditional offer of $75 (much more than “market value” of ~$50) stating if the board chooses to not allow me to become a shareholder (which is the trend and very likely, meaning they have to buy the shares at offer price of $75), that I want a $10/share return to me from the seller?

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So if the company passes you’re willing to buy at 50% over market value?

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I’m essentially trying to buy access into the share pool. The company has close to the maximum number of shareholders, so they are very protective of new shareholders

OK Senior Consultant

???

I'm intrigued by what seems to be such a nonsensical question

I’m not sure about the nonsensical part. I spent 2 years in portfolio ops and never touched deals. I just want to make sure I’m not blatantly breaking some sort of securities law

Why does the company have to buy the shares from the seller? Why would the seller pay you anything?

To answer your question, I’m hoping the premium I’m putting on the sellers shares is reason enough for them to go through with the offer

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