Just to remind everyone, from the Oct. 30 press release:
https://investors.broadcom.com/news-releases/news-release-details/broadcom-and-vmware-provide-update-pending-transaction
"SAN JOSE, Calif. and PALO ALTO, Calif., Oct. 30, 2023 /PRNewswire/ -- Broadcom Inc. (NASDAQ: AVGO) and VMware, Inc. (NYSE: VMW) today announced their expectation that Broadcom's acquisition of VMware (the "Transaction") will close soon, but in any event prior to the expiration of their merger agreement."
- This is an official statement from both the Broadcom and VMware Investor Relations departments. That's about as rock-solid a corporate statement as it gets.
- "in any event" means THERE IS NO SCENARIO under which they will not close the deal. They emphasize later on in the press release that they do, in fact, have the ability to close: "There is no legal impediment to closing under US merger regulations". Broadcom and VMware are, of course, both US companies.
- "prior to the expiration of their merger agreement" surely means the Nov. 26 final outside date. There is no other plain meaning of this language, since the agreement contains no other date which could be interpreted as an "expiration".
Nobody forced them to put out such a press release, especially with the language they used. There are simply no outs here.