The NEW offer is only about 3% higher than the share price before they made their offer. That is the fair comparison, given that the Savitr Proxy fight served to give WND publicity and make its value proposition better know.
And Brookfield's release quotes that they have 44% that have tendered, trying to give the impression that they are close to winning their bid minimum of 50% of the shares they do not own. In fact they have 22% of the shares they don't own and they are NOT fully committed to tendering. Some of the owners of the 22% have yet to tender, but told Brookfield's representatives that they would...although they did not actually tender, ever. The others said they would tender as long as a 5% better offer wasn't made...and I wonder what they were given in return, seeing as anyone can tender and with-draw their shares up to the last minute.
Bottom line is that we get another couple of weeks of leeway to close Yabucoa (still not easy) and a chance that the OSC will be able to create a longer delay by requiring Brookfield to act like the Insider it really is.
If YOU think Brookfield is an Insider and the OSC should have a hearing and make Brookfield comply with the Regulations, email the OSC. That is to Jonathan Van Weert, inquiries@osc.gov.on.ca and refer to file #20121219-28911. If enough investors ask for that hearing, it may be more likely to be granted. It would not hurt to explain that you think Brookfield is an Insider because they own more than 10% of the shares and have met with top officials of WND and been giving material, non-public operational data (i.e. Inside Information).