BEA officially rejects offer, Oracle sets bid deadline
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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.
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Oracle has finally won its prize, the rival BEA Systems, after sweetening the offer by 14 percent, just three months after BEA rejected its original bid.
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Oracle Corp  President Charles Phillips said on Thursday that his company would not raise its $17 per share bid for BEA Systems Inc , which expires on Sunday.
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Business software maker Oracle Corp. said Wednesday it agreed to buy BEA Systems Inc. for about $7.85 billion, a compromise price that ends a months-long dispute over the value of the software company.
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Business software maker  PeopleSoft Inc. on Saturday said its board again rejected  Oracle Corp.'s $9.2 billion tender offer, remaining defiant a  day after most of its shares were tendered to Oracle.
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Business software maker  PeopleSoft Inc. PSFT.O said on Saturday that its board again  rejected Oracle Corp.'s ORCL.O $9.2 billion tender offer,  remaining defiant a day after most of its shares were tendered  to Oracle.
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BEA Systems Inc  shares fell nearly 6 percent on Friday to trade below Oracle Corp's  bid for the first time since it was made, as the deadline for the offer loomed with no signs of an agreement.
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BEA Systems&#39; largest shareholder is demanding that its board of directors allow shareholders to vote on a&#160;$17-per-share purchase offer from Oracle, which is set to expire at 5 p.m. Pacific Time Sunday.Carl Icahn, who holds more than 58 million shares of BEA stock, said in a statement that he has begun lawsuit proceedings 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 accused BEA&#39;s board of intending &quot;to find ways to derail a sale and maintain your control of the company.&quot;&#160;BEA&#39;s board has repeatedly rejected Oracle&#39;s bid&#160;to buy the company,&#160;demanding $21 per share. Oracle&#39;s offer amounts to $6.7 billion, while BEA&#39;s demand works out to $8.3 billion. Oracle has called that price &quot;impossibly high.&quot;Icahn said BEA can avoid litigation if it conducts an auction sale, allowing shareholders to consider offers from the highest bidder.&quot;BEA should not allow the stalking horse bid from Oracle to disappear (failure to take the Oracle bid as a stalking horse would be a grave dereliction of your fiduciary duty in my view),&quot; he wrote. &quot;But if no topping bid arises it should be up to the BEA shareholders to decide whether to take the Oracle bid or remain as an independent Company.&quot;Icahn also demanded that &quot;BEA should agree not to take any action that would dilute voting by issuing stock, entrench management or derail a potential sale of BEA.&quot;Shares of BEA stock closed at $16.50 and were trading at $16.75 after hours on Friday.A BEA spokesman could not immediately be reached for comment.
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Activist investor Carl Icahn on Friday called for BEA Systems Inc  to auction itself to the highest bidder and let shareholders decide its fate, two days before a $6.7 billion offer from Oracle Corp  was set to lapse.
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BEA agreed to be acquired by Oracle for $8.5 billion, three months after rejecting the database vendor's $6.7 billion offer.
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PLEASANTON, California - PeopleSoft Inc.&#39;s board yesterday rejected Oracle Corp.&#39;s $9.2 billion takeover bid, continuing its resistance after the company&#39;s own shareholders tendered more than 60 percent of their stock to Oracle.
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PeopleSoft Inc.&#39;s board of directors unanimously rejected Oracle Corp.&#39;s takeover offer Saturday, Nov. 20, only hours after PeopleSoft stockholders tendered a majority of their shares in favor of the deal.
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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;
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BEA Systems reiterated on Friday that it would not accept&#160;Oracle&#39;s $17 per share acquisition bid, and also said it would allow&#160;a deadline Oracle had set for Sunday 5 p.m. PDT&#160;to expire.In a public statement -- just the latest salvo in merger talks that have had a distinctly icy quality -- BEA&#39;s vice president of planning and development, William Klein told Oracle President Charles Phillips that the company&#39;s offer was &quot;unacceptable.&quot;&#160;BEA has said it would accept a $21 per share bid.That would result in an $8.3 billion price tag for the company, significantly more than Oracle&#39;s offer, which works out to $6.7 billion. BEA&#39;s stock was trading at about $16.80 per share midday Friday.&quot;As fiduciaries, our Board cannot endorse a proposal that it has concluded significantly undervalues BEA,&quot; Klein said in the statement. &quot;We therefore assume that your proposal will expire on October 28.&quot;An Oracle spokeswoman could not immediately be reached for comment.
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BEA Systems reiterates its stance that $17 a share is too low and is prepared to let the buyout offer expire Sunday.
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The board of PeopleSoft Inc. yesterday rejected Oracle Corp.&#39;s $24-a-share hostile takeover bid as too cheap, but said it was open to a deal at a higher price.
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BEA Systems Inc  shares fell 6.5 percent on Friday to trade below Oracle Corp's  bid for the first time since it was made, as the deadline for the offer loomed with no signs of an agreement.