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ACTIAN UPS PERVASIVE BID

Pervasive logoActian Corp. has raised its bid for Pervasive Software to $9 per share from $8.50 per share. The Redwood City, Calif.-based company, which makes middleware software, said the deal is now valued at about $164.1 million.
Meanwhile, the company also said Pervasive has demanded Actian sign a standstill agreement to prevent it from communicating publicly with Pervasive's shareholders or presenting an offer for one year. That would apply even if the Pervasive board declines to take action. Pervasive also refused to include Actian's lender in the Actian group that would be given access for due diligence and required that any confidential information be used only in a “negotiated transaction." Actian said it would agree to a 30-day standstill. Its statement also said the $9 price is well above the highest level that Pervasive's stock has reached in the last 10 years. While Pervasive said it would seek other bidders in response to the original offer, Actian said it was unaware any other potential buyers had surfaced in the last two months.
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