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After weeks of negotiations, IBM withdrew its $7 billion bid for Sun Microsystems on Sunday, one day after Sun’s board balked at a reduced offer, according to three people close to the talks.
The deal’s collapse raises questions about Sun’s next step, since the IBM offer was far above the value of the Silicon Valley company’s shares when news of the IBM offer first surfaced last month. Sun, an innovative pioneer in computer workstations and Internet-era software, has struggled in the marketplace in recent years.
IBM had a team of more than 100 lawyers conducting due-diligence research on potential issues in a purchase of Sun, ranging from antitrust concerns to Sun’s contracts with employees and IBM competitors.
After the legal review, IBM shaved its offer Saturday from $9.55 a share, the offer on the table late last week, to $9.40 a share, said one person familiar with the talks. The offer was presented to Sun’s board on Saturday, and it balked. The Sun board did not reject the offer outright, but wanted certain guarantees that the IBM side considered “onerous,” according to that person.
Sun said it would no longer abide by its exclusive negotiating agreement with IBM, a second person familiar with the discussions said. On Sunday, IBM board decided to withdraw the offer.
The breakdown in the talks, said the second person close to the negotiations, came over the shifting balance of price and conditions for the deal.
For example, IBM scrutinized the "change of control" contracts with Sun executives, senior engineers and managers. IBM felt that the payments to senior employees were higher and extended more broadly across the company than it had anticipated. IBM pointed to the change of control contracts as one reason it was reducing its offer price.
Sun was most concerned about provisions that would restrict IBM’s ability to walk away from the deal.
“There’s lots of testosterone going back and forth,” said a third person familiar with the discussions.
All three sources would speak only on condition of anonymity because details of the merger talks are confidential.
Since last year, Sun executives had been meeting with potential buyers. IBM stepped up, seeing an opportunity to add to its large software business, acquire valuable researchers and consolidate the market for larger, so-called server computers that corporations use in their data centers.
In their talks, IBM and Sun had a contract to deal with each other exclusively. Now Sun is free to pursue other suitors, including IBM rivals like Hewlett-Packard and Cisco Systems . Cisco recently entered the market for server computers.
The breakup of the deal talks, analysts say, is a blow to Sun’s prospects. “For IBM, given its size, this was never a transformational deal,” said A.M. Sacconaghi, an analyst for Sanford C. Bernstein. “But in Sun’s case, it’s an extremely material event.”
“This leaves Sun in a tough situation,” Mr. Sacconaghi added. “Sun was on a path to selling itself, and this will inevitably raise questions in customers’ minds, no matter what Sun says, about its commitment to a go-it-alone strategy.”
Whether the IBM decision amounts to a negotiating tactic to get agreement on some final sticking points is unclear. Though the offer is off the table for now, the two sides could resume bargaining if Sun’s share price drops and it comes under pressure from investors. On Friday, Sun shares closed at $8.49.
The Japanese government plans to unveil a new economic stimulus package including spending of at least $100 billion on Friday, the finance minister said, as the country grapples with its worst recession since World War Two.
The package, which adds to 12 trillion yen ($119 billion) in spending planned under previously announced stimulus measures, comes as Bank of Japan policymakers debate the need for additional steps to support the flagging economy at a two-day rate review ending on Tuesday.
"The prime minister has instructed us to compile measures that would include real spending of more than 2 percent of GDP as we take into account a fall in our economy, which is bigger than that in other leading nations, as well as the need for international cooperation," Finance Minister Kaoru Yosano told reporters on Monday.
Among the steps to be included are the creation of a safety net for workers who do not have the status of "permanent" staff, measures to help corporate financing, and increased spending on solar power systems, he said.
Yosano did not explain how the new spending will be funded, saying there was no discussion on issuance of new bonds in his meeting with Prime Minister Taro Aso on Monday.
Financial markets have been jittery about Japan's snowballing pubic debt due to a slew of stimulus packages.
Worries about looming supply of debt bonds to pay for stimulus have pushed yields on the main 10-year Japanese government bond up to 1.460 percent from a five-year low of 1.155 percent in December.
"As there have been calls for increased government spending to off-set the gap between falling demand and excessive supply, the amount of stimulus spending could rise further," said Takeshi Minami, chief economist at Norinchukin Research Institute. "Until there is a more clear idea of how the new stimulus package will impact government debt, market players will remain cautious about buying bonds."
Tokyo already plans to issue 33 trillion yen in new bonds to fund its biggest-ever budget for the fiscal year that began on April 1, which does not include the new stimulus.
Japan's public debt is the worst among industrial nations at 158 percent of gross domestic product.
Hit by plunging global demand and weak consumption at home, Japan's export-reliant economy shrank 3.2 percent in the fourth quarter, its fastest decline since the 1974 oil crisis and twice as fast as the U.S. and euro zone economies.
Analysts expect Japan's economy to keep shrinking in the first half of the year — meaning a record five quarters of contraction.
Eyes Municipal Bonds
Against the backdrop of business confidence crumbling to a new low and many small firms struggling due to tight credit, the BOJ is holding a policy meeting at which it may mull expanding the type of municipal bonds it accepts as collateral in its market operations, the Nikkei business daily reported.
Regional banks are hard-pressed as a deepening recession pushes many small companies into bankruptcy, and analysts say such a move could help them raise money more easily and boost lending to such customers.
The BOJ currently accepts only publicly placed municipal bonds as collateral but could expand that to include such bonds issued privately to financial institutions, the newspaper said without citing sources.
"Regional banks may not hold a lot of government bonds that they could use as collateral, but they do tend to hold a lot of municipal bonds," said Hirokata Kusaba, a senior economist at Mizuho Research Institute.
"This is a policy designed to improve liquidity at smaller banks and I'm sure they would welcome it. It could be seen as a pre-emptive measure the BOJ is considering just in case credit markets start to tighten again around the corporate earnings season."
In the bond market, which focused on chances of a global economic recovery, the benchmark 10-year government bond yield rose to a 4- month high.
June 10-year Japanese government bond futures were lower, and at one stage hit their lowest since Nov. 10.
Privately placed municipal bonds, issued by regional governments and held mostly by regional banks, have been excluded as collateral in market operations due to their low liquidity.
Adding such bonds to the list of collateral the BOJ accepts would be regarded as tinkering on the margins rather than a drastic move to flood the banking system with liquidity.
The BOJ is expected to keep its key interest rate on hold at 0.1 percent at the two-day rate review that ends on Tuesday but could discuss what more it can do in future as business confidence slumps to record lows.
The central bank has already started buying commercial paper and corporate bonds from banks to prompt them to lend more.
While these steps have eased funding for big firms, many smaller firms remain cash-strapped as banks are hesitant to take on risk.
Das scheint den Amis ja ernst zu sein:
http://www.ariva.de/...erstanden_t364359?search=permanent%20pot%20inc
Schon erstaunlich das sich seriöse Medien mit diesem Geschäft beschäftigen.
Gruß
Permanent
The U.S. economy is in for "a lasting slowdown" and won't recover this year, while "the banking system as a whole is basically insolvent," billionaire investor George Soros told Reuters Financial Television Monday.
While nationalization of banks is "out of the question," he said stress tests being conducted by the U.S. Treasury could be a precursor to a more successful recapitalization.
But he warned about the danger of watering down mark-to-market accounting rules, saying this creates conditions for prolonging the life of U.S. 'zombie' banks.
Soros also said the U.S. dollar is under pressure and may eventually be replaced as a world reserve currency, possibly by the IMF's Special Drawing Rights, a synthetic currency basket comprising dollars, euros, yen and sterling.
China recently proposed greater use of Special Drawing Rights, possibly as an eventual global reserve currency.
"In the long run, having an international accounting unit other than the dollar may be to our advantage," Soros said.
He added that the system that has allowed the United States to spend more than it earns has to be reformed. "That is coming to an end and it will not be allowed to recur. There will have to be some change."
While a global recovery is possible in 2010, Soros said the timing will ultimately depend on the depth of the recession. China, he said, will be the first country to emerge from recession, probably this year, and will spearhead global growth in 2010.
He said world policy-makers are "actually beginning to catch up" with the crisis and efforts to fix structural problems in the financial system.
The system was "fundamentally flawed, and there is no returning to where we came from," he said.
In Europe, he said the crisis provides an incentive for countries that use the euro to remain inside the monetary union, though countries on the periphery still face serious problems.
Soros said the euro has been "a tremendous advantage" to countries that use it, adding there's "no question of a weaker country dropping out."
While additional resources for the International Monetary Fund will help it stabilize struggling Eastern Europe, he said the Baltic states still face "serious problems" and Ukraine is not far from default.
Slideshow: G20: How They Want To Fight the CrisisSlideshow: Companies at Greatest Risk for Default
Widespread use of credit default swaps has worsened the risks for Europe, he said, though he added that Germany, the euro zone's biggest economy, is becoming more open to offering help.
"Germany, which has been the most reserved about being the deep pocket of the rest of Europe, has recognized that it too has a responsibility toward the new member states," he said.
Germany has been one of the most reluctant major economies to meet U.S. calls for more fiscal stimulus spending to boost the global economy and fight the financial crisis.
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