to such tender offer which information he knows or has reason to know is nonpublic and which he knows or has reason to know has been acquired directly or indirectly from: (1) The Offering person, (2) The issuer of the securities sought or to be sought by such tender offer, or (3) Any officer, director, partner or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities convertible into or exchangeable for any such securities ... unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed. 17 C.F.R. § 240.14e-3(a) (emphasis added); see United States v. O’Hagan, 521 U.S. 642, 666-77, 117 S.Ct. 2199 (1997) (<HOLDING>); see United States v. Chestman, 947 F.2d 551,
holding that when an agent has limited authority and informs the third party of this limitation the principal is not bound by the agents actions that exceed that authority holding that void order must exceed courts authority to act and not be merely erroneous holding statutory authority of commission to promulgate rules to interpret law does not impose affirmative rulemaking requirement holding that rule 14e3a does not exceed secs rulemaking authority holding that a principal is not hable for the actions of an agent when these actions exceed the agents authority and the thirdparty has knowledge that the agent does not have the authority asserted