I will probably tender on, or around the last day to get cash first. If you wait, payment will be delayed. I would rather take the gain next year, but it's not likely to take that long, so might as well get the cash ASAP and find the next one.
Which lawsuit? The ones in California will be summarily dismissed as plaintiffs lack standing(no one actually lost money- and the courts aren't going to get into an argument on potential revenue on an drug still not approved by the FDA). The one in Delaware Court of Chancery will be judged by the Revlon standing, and I think it clearly meets this. It's not the Trius boards fault that company C and D failed to pursue the matter. The fact was that Company D was not even willing to get it's board to meet a day earlier . And Company C clearly indicated on July 24th that "it did not expect to be competitive in the process and would not expend additional resources before the final bid deadline of August 9, 2013". And one more thing- have you heard of any major institutional stock holder joining any of the lawsuits? Didn't think so. They understand the Revlon standing- this meets it.