North Dakota Code § 26.1-06-03

Takeover - Offer - Terms
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No offeror may make a takeover bid not made to all resident holders of the equity security 
that is the subject of the takeover bid, or not made to the holders on the same terms as the 
takeover bid is made to nonresident holders of the equity security. If an offeror makes a tender 
offer or request or invitation for tenders for less than all the outstanding equity securities of a 
class, and if a greater number of securities is deposited pursuant thereto within ten days after 
copies of the offer or request or invitation for tenders are first published or sent or given to 
securityholders than the offeror is bound or willing to take up and pay for, the securities taken up 
must be taken up as nearly as may be pro rata, disregarding fractions, according to the number 
of securities deposited by each offeree. If the terms of a takeover bid are changed before its 
expiration by increasing the consideration offered to offerees, the offeror shall pay the increased 
consideration for all equity securities taken up, whether or not the securities are deposited or 
taken up before or after the change in the terms of the takeover bid. The pro rata requirement 
applies to securities deposited within ten days after notice of an increase in the consideration 
offered to securityholders is first published or sent or given to securityholders.

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