Sherlock, companies who make tender offers for shares of another company do not usually need their shareholders' approval. They can make an offer directly to shareholders of the selling company at a fixed price. The Gilead acquistion of Immunomedics was structured as a tender offer followed by a merger; first a tender offer, and then a merger to acquire the remaining shares.

Of course the shareholders of the acquiring company might demand heads severed, but they would not have to be asked.