So the deal has happened, at a slightly higher price: eMusic owner JDS Capital’s private equity arm Dimensional Associates, which has been negotiating with online indie music distributor The Orchard for a few months now, is buying the part it didn’t own, for $2.05 a share, valuing the company at around $12.77 million in the deal. Dimensional currently owns about 42 percent of Orchard’s outstanding common stock and 99 percent outstanding Series A preferred, totaling about 53 percent its voting securities. Beyond the $2.05 price, stockholders could get more, if Dimensional sells 80 percent or more within six months of the deal (does this mean Dimensional is really taking it private to sell it off fully? Or merge with eMusic?) The deal is expected to close in Q3.

SEE ALSO: eMusic Owner Dimensional Raises Offer To Buy The Orchard To $2 Per Share

But, there is a 30-day go-shop provision in the deal, which expires April 14, 2010 to determine if there are any other interested buyers for The Orchard (NSDQ: ORCD). Bankers Craig-Hallum Capital Group are on the case. More details in the SEC filing about the deal.