Dan probably told Icahn, that they are up for sale, and if a company offers a suitable price then they will sell. Bet that both agreed if they do not get their price, then no sale will be done, unless by some shock bydureon rxs ends up flatlining. Even though "up for sale" , they do not have to sell. If a sale was imminent the price would have to be at least $33....imo.
Perhaps. But if Dan gave even the slightest indication that he wasn't prepared to sell, or the offer had to be "right" with him, then Carl would have proceeded to get Board seats. More logical is that bids are coming in and the buyer wants to make sure the Icahn lawsuit is off the table.