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Datum Wary of Unsolicited Buyout Bid

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From Times Staff and Wire Reports

Datum Inc. said Wednesday that it has hired an investment banking firm to evaluate an unsolicited buyout bid from a New York firm, but also put in place a “poison pill” plan that would help discourage a hostile takeover.

The moves came a day after Frequency Electronics Inc., a manufacturer of electronic devices, offered to acquire Irvine-based Datum for $58 million, or $10 a share, 29% more than the stock’s price of $7.75 before the bid.

Datum’s stock rose $1.25, or 16%, to $9 a share Wednesday. A total of 218,100 shares changed hands on the Nasdaq market, more than five times the average daily volume over the last three months.

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Datum, which makes sophisticated timing devices to synchronize the flow of information in telecommunications networks, hired Hambrecht & Quist as its financial advisors to help evaluate Frequency’s offer to pay cash or stock, or a combination of both.

Datum also hired Stradling Yocca Carlson & Rauth and Potter Anderson & Corroon as its legal advisors, and said its evaluating the situation.

The company will announce Friday whether it is accepting or rejecting the offer, or deferring a decision, said Erik H. van der Kaay, president and chief executive officer.

Under the poison pill plan, shareholders would receive a right to an additional share of stock for every share that they own if a person or group acquires a certain amount of Datum stock. Van der Kaay declined to say what that threshold level would be.

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