Update: Oracle to buy BEA Systems for $8.5 billion
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Oracle has agreed to buy BEA Systems for about $8.5 billion, or $19.375 per share, the companies announced.
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SAN FRANCISCO - Oracle Corp. , the third-largest software maker, gave BEA Systems Inc.'s directors five days to consider a $6.7 billion takeover offer before it expires. BEA said it can't accept Oracle's price.
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We've already established what you are, now were just working out a price BEA blinked this morning and said it would enter takeover negotiations with Oracle, and anyone else thatâs interested, at a floor of $21 per share.â¦
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Software maker BEA Systems Inc's  board said on Monday it is holding out for a $21-a-share takeover offer, a day after its larger rival Oracle Corp  withdrew its $17-a-share offer.
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Oracle has agreed to buy BEA Systems for about $8.5 billion, the companies announced Wednesday.The deal comes just three months after&#160;the middleware vendor turned down an earlier offer of $6.7 billion.Oracle hopes that acquiring middleware vendor BEA will&#160;allow it to improve its own middleware suite, Fusion.That middleware is key to helping customers migrate their systems to a services-oriented architecture (SOA), CEO Larry Ellison said in a conference call last month to discuss the company&#39;s earnings.With Fusion already able to link to BEA&#39;s WebLogic Java application server, the deal is likely to speed Oracle&#39;s adoption of Java-based middleware, the company said.Oracle&#39;s customers have been telling it for years to buy BEA, it said.However the members of BEA&#39;s board were less sold on the idea: They&#160;turned down an offer from Oracle of $17 per BEA share in October, saying it &quot;significantly undervalues BEA.&quot; Oracle in turn&#160;dismissed the BEA board&#39;s counter-offer of $21 per share as &quot;impossibly high&quot;.But on Wednesday the companies split the difference, and BEA&#39;s board announced it had unanimously approved Oracle&#39;s latest offer of $19.375 in cash per BEA share.The board accepted only after spending several months looking for other ways to maximize shareholder value, BEA&#39;s chairman and CEO Alfred Chuang said in a statement.The companies expect to close the deal by mid-year, subject to the approval of regulators and BEA shareholders.&#160;
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As it cools its heels waiting for a response from BEA Systems, Oracle announces plan to buy the operational planning software maker.
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It has agreed that the company should be sold to Oracle for $26.50 a share, roughly $10.3 billion, $1.5 billion more than Oracle&#39;s now-famous &quot;best and final&quot; offer.
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BEA Systems has told Oracle the two companies can still make a deal -- just not the one on the table.Oracle released a statement Tuesday, saying BEA&#39;s board of directors had officially turned down its offer to buy the company. It set a deadline of Sunday at 5 p.m. Pacific time for BEA to accept the $17-per-share bid.But several hours later, BEA fired back its own missive in the form of a letter from William Klein, who is vice president of planning and development, to Oracle president Charles Phillips. In the letter, Klein characterized Oracle&#39;s offer as too low but made it clear BEA is not against being acquired for the right price.&quot;BEA is worth significantly more than $17 to Oracle, to others, and most importantly to BEA shareholders,&quot; the letter said. &quot;BEA&#39;s Board has not indicated that it would be opposed to a transaction that appropriately reflects BEA&#39;s value, reached through a reasonable process.&quot;An Oracle spokesperson did not immediately return a request for comment.The total value of Oracle&#39;s existing bid is about $6.7 billion, and the enterprise software giant said Tuesday it &quot;has no interest in a long, drawn-out process to acquire BEA.&quot;So far, the BEA-Oracle talks have sparked dueling public statements, missed meetings, and shareholder angst, but haven&#39;t been nearly as heated as other merger battles, such as&#160;Oracle&#39;s acquisition of PeopleSoft.Still, it remains unclear whether Oracle will increase its offer for BEA, which it termed &quot;generous&quot; in Tuesday&#39;s statement.&quot;Oracle typically has some [pricing] ratios it uses in its acquisition strategy,&quot; Forrester Research analyst Ray Wang said. &quot;If they really want to dominate the middleware space, this is an acquisition they&#39;d want to make.&quot;If it succeeds in buying BEA, Oracle would swallow up a major competitor in the application server space, a scenario that has had some observers wondering about the fate of BEA&#39;s technologies.Oracle&#39;s move to purchase BEA is only the latest in a string of high-profile buys in 2007. The company has forked over billions for a wide array of enterprise software companies, including business process management vendor&#160;Hyperion Solutions&#160;and application data grid player&#160;Tangosol.BEA has some products that would fill holes in Oracle&#39;s portfolio. But the two companies compete closely on other fronts, such as Web server and ESB (enterprise service bus) offerings.&quot;Those are areas with lots of overlap,&quot; Wang said. &quot;But there&#39;s a lot of good technologies on both sides.&quot;NOTE: This story includes comments from analyst Ray Wang that were also used in a previous update.
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US business software giant Oracle said Wednesday it had reached an agreement to take over rival BEA Systems in a 8.5 billion dollar deal.
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The tech world is still buzzing about announcements by Sun Microsystems that it will acquire MySQL AB and by Oracle that it will acquire BEA Systems. The deals muddle the middleware market, according to some analysts.
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Oracle Corp  said it agreed to acquire  privately held Interlace Systems, a provider of operational  planning software, for an undisclosed sum.
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Oracle Corp. , the world's largest database software maker, said on Thursday it would buy rival Hyperion Solutions Corp.  for $3.3 billion, to boost its position in the market for performance management software.
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BEA Systems countered Oracle Corp.'s bid for acquiring the company, proposing a price of $21 a share, $4 more than Oracle's initial offer.
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Oracle&#160;on Tuesday morning said that BEA Systems has officially rejected its&#160;offer to acquire the company. BEA had previously said the&#160;offer was too low.&quot;Last night we were told by Bill Klein, Vice President -- Business Planning and Development (speaking on behalf of the board), that BEA&#39;s board again rejected our proposed price of $17 per share in cash,&quot; Oracle said in a statement, adding that the BEA board &quot;has refused to meet with us since we made our October 9th proposal.&quot;Oracle set a deadline for Sunday at 5 p.m. local time on its $17 per share bid.&quot;Oracle has no interest in a long, drawn-out process to acquire BEA,&quot; Oracle said.The total value of the bid is about $6.7 billion.(More to follow.)
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Oracle rejected as âimpossibly highâ BEAâs offer to be acquired for about $8.2 billion, just two weeks after BEA refused Oracleâs $6.7 billion offer for the company.
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Given the silence from the BEA Systems and Oracle camps early this week about Oracle's unsolicited proposal to buy its middleware rival, the community at large can only sit back and guess what might be the next scene in this drama.The two companies have been keeping quiet since last Friday's blockbuster revelation that Oracle was seeking to acquire BEA for $17 per share, or about $6.7 billion. Both have spurned requests this week for media briefings to elaborate on the issue.Undoubtedly, much is taking place behind the scenes, as aggressive Oracle seeks to add BEA to the impressive list of formerly independent companies it has acquired, which has included, among others, PeopleSoft and Siebel Systems. BEA, meanwhile, also has to be pondering its next step.Officials at Sun Microsystems, which invented the Java platform that serves as the backbone of many BEA and Oracle products, seemed to be caught off-guard when asked about the proposed merger at a Sun event in San Francisco on Tuesday evening.Chuckling, Rich Green, Sun executive vice president of software, suggested contacting Oracle CEO Larry Ellison about the matter. But when asked what impacts might be felt by the Java platform itself, Green did not see any negative effects."They're both Java supporters," Green said. "I think it's neutral to Java. I think it's just fine."Sun's James Gosling, a founder of Java and chief technology officer for Sun's client software group, concurred. "They're both big supporters of Java. I don't think it's going to have much effect one way or the other," Gosling said.Oracle has pledged to protect investments customers have made in BEA products. While Oracle's move has been characterized in some circles as a hostile takeover attempt, BEA's initial response merely said the Oracle offer undervalued the company.Major BEA stockholder Carl Icahn has been prodding for a sale of BEA, prompting one BEA insider to suggest Icahn did not have enough shares and would have a hard time getting control of the BEA board of directors in order to make the sale happen. Now, Oracle has forced BEA's hand. If history is any indication, the sale is likely to happen. PeopleSoft opposed Oracle but eventually succumbed."We certainly saw how persistent Oracle was in chasing PeopleSoft," said Dennis Callaghan, enterprise software analyst at the 451 Group, who expects the merger to be completed.Options for BEA to resist Oracle may be limited. To take the company private and avoid a merger, BEA would need to find a private equity partner, Callaghan said. And then there is Icahn, owning a significant stake in the company and wanting the company sold."It's not like [BEA CEO and co-founder] Alfred Chuang can regain control of the company and take it private. He's got to make his shareholders happy," said Callaghan.Even BEA employees could profit on a merger if they bought stock at a discounted price and then were able to sell it at an inflated price as a result of a merger, he said.? They might lose their jobs at BEA, but a lot of them would be very employable, winding up with startup ventures, he said.Callaghan added he expects Oracle to increase its offer. HP is a possibility as another potential buyer for BEA, but HP has had troubles of its own integrating acquired companies, such as Peregrine and Bluestone Software, Callaghan saidHe gave credence to the notion that Oracle may be buying BEA to stock up on its middleware offerings as the database market, which has been Oracle's cash cow, now features free, open source offerings from competitors.? "From what I understand, [databases is] not really a growing business at this point, Callaghan said.A dignitary in the Java development space had a mostly positive reaction to the proposed merger."Oracle and BEA both have amazing engineering teams, but Oracle's business operation is clearly many, many times the size and scale of BEA's," said Rick Ross, founder of the Javalobby Web site for Java developers. Having both teams under the same umbrella would create great opportunities for innovation, Ross said. And BEA's technology, such as the JRockit Java Virtual Machine, could become more widely used, he said.But there could be a down side, Ross noted."As the realized market share of a single player moves to such a dominant position, it becomes less and less likely that the startup innovator can gain a foothold," he said.IBM, BEA, and Oracle are battling in what research firm IDC calls the application deployment software space, which is comprised of application servers, integration software, message-oriented middleware and transaction processing monitors. This market space, valued at $9.4 billion in 2006, is growing at nearly 18 percent year over year because of trends in integration, business process management, and SOA, said Maureen Fleming, IDC program director.When including software mainframes, IBM last year had a 36 percent market share, valued at $3.3 billion. BEA trailed with 11 percent or $1 billion, and Oracle had 9 percent, or $850 million. The figures include license and maintenance revenuesWhen leaving out mainframe software, the market size dropped to $6.5 billion, with IBM still leading with a 20 percent market share, or $1.3 billion and Oracle garnering 13 percent or $850,000. BEA came in right behind Oracle with 12 percent or $840,000.
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BEA Systems made good Sunday on its promise to let a 5 p.m. Pacific Time&#160;deadline expire on Oracle&#39;s $17-per-share offer to buy the company.The enterprise software maker&#39;s board of directors had already said publicly that Oracle&#39;s bid, which amounts to $6.7 billion, was too low.&#160;BEA instead named a price of $21 per share, which works out to roughly $8.3 billion.Oracle issued a brief statement Sunday that was terse in tone, but nonetheless did not rule out a future bid: &quot;The BEA shareholders should not assume that Oracle will renew its $17 per share offer in the future. Over time many things can change: BEA&#39;s business might materially weaken, the stock market can fall further from its recent record highs, or Oracle may have committed its capital elsewhere.&quot;A BEA spokesman could not immediately be reached for comment.Oracle has coveted BEA&#39;s customer base and share of the middleware market, but company officials called BEA&#39;s demand &quot;impossibly high.&quot;While Oracle&#39;s next move remains to be seen, other companies may look to acquire BEA.Burc Oral, president of the New England BEA User Group, brought up some oft-mentioned names -- HP, S- but said perhaps an unlikely suitor will emerge for the firm. &quot;I have always thought that stackwise, HP is a good candidate. I was also thinking about a sleeping giant, like Computer Associates. They have no overlap.&quot;Of course, there is still the possibility that Oracle will end up buying BEA after all, and perhaps soon.BEA&#39;s largest shareholder, billionaire Carl Icahn, has demanded the board allow shareholders to consider Oracle&#39;s bid.Icahn, who holds more than 58 million shares of BEA stock, said in a statement that he has filed suit in Delaware to force an annual shareholder meeting &quot;before any scorched earth transactions (such as stock issuances, asset sales, acquisitions or similar occurrences) take place at BEA, other than transactions that are approved by shareholders.&quot;The investor also accused BEA&#39;s board of intending &quot;to find ways to derail a sale&quot; and maintain control of the company.Icahn said BEA can avoid litigation if it conducts an auction sale, allowing shareholders to consider offers from the highest bidder.An Oracle purchase would prompt an uncertain future for BEA customers, according to Oral.&quot;I think the support and maintenance will be honored for at least three years [if Oracle buys BEA],&quot; he said. &quot;The issue is, what is the product development that is going to happen?&quot;Change wouldn&#39;t occur immediately under Oracle, but would subsequently do so in dramatic fashion, he predicted. &quot;For a year, BEA is going to sail as it is. Then there is going to be a major consolidation in the product space.&quot;Prakash Malani, a BEA user from the Los Angeles, California area, said sale talks come at a time when BEA&#39;s fortunes are middling.&quot;I believe they have excellent products that compete very well in the market place. However, their products are being commoditized, innovation is slowing down, and their big bet on SOA [service-oriented architecture] has yet to be paid off,&quot; Malani wrote in an e-mail message. &quot;They have missed [the] mark on some technologies like RIA (Rich Internet Application) and their top talent is being poached by companies like Google.&quot;