ZURICH (Reuters) - Private equity group EQT's 1.35 billion Swiss franc (991 million pounds) bid for listed shares of travel group Kuoni (S:KUNN) remains intact despite a regulator's ruling questioning terms of a parallel share swap with a major Kuoni investor, EQT said.
The Swiss Takeover Board said last week it still had concerns about some terms of EQT's takeover and rejected an appeal by the Kuoni und Hugentobler Foundation seeking special treatment for its unlisted "A" shares in Kuoni.
The watchdog has stipulated that the "best price" rule, guaranteeing equal treatment of all shareholders, must apply.
"The second decision of the Swiss takeover board confirmed its original decision and has no impact on the public tender offer," Michael Bauer, a partner at EQT Partners and head of the equity team in Zurich, told Reuters on Monday.
"The offer for the public shareholders is fixed at 370 Swiss francs per share and will not be adjusted," he added.
The foundation said last week it was still deciding whether to challenge the board's ruling but expected the takeover offer that was unveiled last month to go ahead as planned.
EQT wants to buy the ailing travel group, which has been hit by competition from online travel companies and unrest in popular tourist destinations.
Under Swiss takeover regulations, the foundation has until Wednesday to decide whether to accept the Swiss Takeover Board's decision or pursue the matter further. Its stake accounts for 6.25 percent of the capital and 25 percent of the voting rights in Kuoni.
EQT's Bauer said the foundation still fully supported the transaction. The offer for listed "B" stock runs until April 13.
"If the minimum acceptance threshold of 67 percent of voting rights and 50 percent of share capital is not reached by the end of the tender offer period on April 13, the offer will not be successful and (will be) withdrawn," Bauer said.
Investors having tendered Kuoni shares will get the chance to sell their stock on a second trading line from Tuesday, Bauer added.
The publicly traded "B" shares, which briefly fell more than 3 percent on news of the takeover board's ruling last week, rose 0.1 percent to 362.25 Swiss francs by 1030 GMT.