With tomorrow’s deadline to submit bids for Nortel’s enterprise busines, All About Nortel has learned from reliable sources that Siemens Gore will be making a competing bid.
As it now stands, Avaya is the only bidder in the “stalking horse” process with a $475-million offer.
Siemens, however, believes it would be better fit because most of Nortel’s existing Canadian and U.S. dealer and customer channels would stay intact – compared with Avaya’s bid in which the dealer and customer channels would be morphed into Avaya’s channels.
For Nortel’s creditors, it appears that alternatives to Avaya’s offer would be a welcome development.
One of the major concerns is that if that Avaya’s bid is successful, Nortel would have to continue to support and finance the business until Avaya was able to anti-trust approval from the U.S. Department of Justice – a process that would take months.
In a court filing, MatlinPatterson, who owns $400-million Nortel debt, said a major issue with Avaya’s bid is a “hell or high water” clause that requires Avaya to do everything necessary to complete the transaction.
MP alleges, however, the deal “strips the debtors’ board of directors of the right to exercise their fiduciary duties to consider alternative transactions pending the closing the Avaya deal, so that the debtors are not left with 7 months of expenses and no purchaser if Avaya fails to close.”
Translation: MP believes the value of the enterprise business could shrink the longer that Avaya takes to complete it given the enterprise unit’s revenue is eroding.
Nortel’s enterprise business had about $2.7 billion of revenue last year but sales have dropped due to the slower economy and the uncertainly surrounding Nortel’s future while its in bankruptcy protection. In the second-quarter, sales dropped 28% to $465-million from the same period in 2008.




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