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Published on 8/10/2007 in the Prospect News Special Situations Daily.

Whole Foods extends tender offer for Wild Oats, again

By Lisa Kerner

Charlotte, N.C., Aug. 10 - Whole Foods Market, Inc. extended its $18.50-per-share tender offer for Wild Oats Markets, Inc. to 5 p.m. ET on Aug. 15. The offer was slated to close on Aug. 10.

As of the close of business on Thursday, a total of 16,641,830 shares, or some 55.6%, of Wild Oats' common stock had been tendered, according to a company news release.

Whole Foods previously extended the offer to Aug. 10, from July 20.

The companies entered into a merger agreement on Feb. 21. The Federal Trade Commission filed suit in June to block the proposed acquisition on antitrust grounds.

Whole Foods and Wild Oats consented to a temporary restraining order. A hearing for the matter ended Aug. 1 with a ruling expected in mid-August.

In addition, Whole Foods and the Securities and Exchange Commission are conducting separate investigations into Whole Foods co-founder, chairman and chief executive officer John Mackey's participation in online financial message boards.

Wild Oats is a chain of natural and organic food markets based in Boulder, Colo. Whole Foods is an Austin, Texas-based natural and organic foods retailer.


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