BEA Systems Inc.
(NDAQ:BEAS) announced that it would postpone its annual shareholders’
meeting in a move that would sidestep a lawsuit by Carl Icahn and give
the business software-maker more time to drum up bids closer to its
$21/share target. The company now has more time to get itself out of
this mess, but it is uncertain as to whether or not Icahn will attempt
to install his own directors regardless. Shareholders are watching the
situation closely as it could mean significant value being unlocked.
Carl Icahn launched his campaign to put the company up for sale a
few months ago when he sued BEA’s board of directors and threatened to
replace them with his own candidates. The activist investor hasn’t
filed any of the necessary paperwork to nominate his own directors, but
this delay may give him enough time to do so. This assumption has
gained traction in light of the fact that Icahn supported this delay
while criticizing past delays.
Carl Icahn has been critical of BEAS ever since it rejected a bid
from Oracle at $17 per share, or $6.7 billion. The company insisted
that it was worth more and suggested that future negotiations should
start at $21 per share, which it is just now attempting to realize. So
far, no other bidders have emerged and Oracle’s Larry Elison even
suggested that the company wasn’t even worth the original $17 per share
offer. Whether or not the company can drum up some bids remains to be
seen, but with Carl Icahn’s support, this is a situation that is
definitely worth watching!
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