On Tuesday, the two sides announced differing totals on what percentage of Taubman shareholders have accepted Simon's $20 per share tender offer. Simon said 64% of the shares have accepted the offer, which is made through Westfield America Trust. Taubman, however, puts the figure at less than 39%.
Locally based Taubman also reiterated its earlier statement that Simon's offer is inadequate.
The two sides differ on their calculation methods used to arrive at the percentages. Simon does not include the roughly 30 million shares controlled by the Taubman family. There are about 89 million total shares of Taubman, which trades as TCO on the New York Stock Exchange.
Earlier this year, a Michigan court ruled that the Taubman family cannot vote its shares against the deal because that would violate anti-takeover laws in Michigan. The court has put that ruling on hold -- also holding up the takeover attempt -- while Taubman Centers appeals the ruling.
Indianapolis-based Simon and Westfield America Trust, the US arm of an Australian mall developer, also extended their $1.74 billion offer to Taubman Centers until Oct. 3. The offer was originally good through February 2003, but has been extended several times since.
Taubman Centers owns and/or manages 30 urban and suburban regional and super regional shopping centers in 13 states.
Through its subsidiary partnerships, Simon owns or has an interest in 239 properties, containing an aggregate of 184 million sf of gross leasable area in 36 states.
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