Avaya Wins Enterprise Auction

After a three-day bidding process, Avaya has agreed to purchase Nortel’s enterprise business for $900-million – nearly double the $475-million “stalking horse” bid it made last month.

Avaya won the business by outbidding Siemens Communications, which submitted a last-minute bid on Sept. 4. The deal will give Avaya a business that had revenue of $2.4-billion in 2008 but has seen deteriorating sales in 2009 as Nortel has struggled through its bankruptcy protection process.

The sale is subject to court approvals in the U.S., Canada, France and Israel ,as well as regulatory approvals. It will be interested to see what legal actions are taken by Verizon, which filed a complaint last week amid concerns Avaya would not honor service agreements it had with Nortel.

The big question for Avaya is how it integrates Nortel’s enterprise business given there are significant overlaps between what it already offers. This suggests there could be significant workforce reductions, as well as a restructuring of Nortel’s reseller ecosystem given Avaya already has its own reseller network.

With the enterprise deal seemingly done, the Nortel Garage Sale still features:

- The Metro Ethernet Network business
- The carrier business
- a 50% plus one stake in the Nortel-LG joint venture
- A portfolio of patents, including the highly-coveted LTE patents

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  • mtvessel

    I still find it difficult to understand why Avaya bought the Notel enterprise business. it would be like Coke buying Pepsi. Just how is the Nortel product line or employee base going to make Avaya a stronger company. They already have what Nortel can offer.

  • normanZ

    From Hackney…

    Team,
    Today marks an important day in the future of our Enterprise Solutions business as earlier this morning it was affirmed that Avaya is the winning bidder. Avaya was selected as the stalking horse because of its commitment to serving the best interests of all stakeholders, and the affirmation of its winning bid today underscores that initial choice. The formal court approval is expected to occur on September 15, and the deal close is targeted for late in Q4. In some EMEA jurisdictions, this transaction is subject to information and consultation with employee representatives.
    This milestone sets the stage to create a company that will fundamentally reshape how businesses communicate. With the addition of the Nortel Enterprise Solutions business at the close of the transaction, the combined capabilities of the new Avaya will represent more than 8,000 patents and industry leading innovation focused on helping companies communicate more intelligently. It will bring expanded portfolio breadth, channel capabilities and vertical segment strength into Avaya, and for Nortel customers, it will provide broader services offerings as well as access to greater Web 2.0 features and benefits.
    Getting to this point took an incredible effort across the entire Enterprise organization. In short, your performance thru the toughest times imaginable has been stated by many stakeholders as “remarkable” and one of the most inspired efforts in business. In the midst of the restructuring, we not only retained key customers, but we also picked up several new customers and grew our revenue in second quarter. Where others in the marketplace pulled back on their product plans, we forged ahead and met our product delivery roadmap commitments. It has been a privilege to work with a team who can see what is possible and then spend days, nights and weekends making it a reality.
    I realize the most pressing issue for all of you is whether or not you will have a job with Avaya. It is expected that, at a minimum, Avaya will employ about three-quarters of Enterprise Solutions employees globally. This includes the full Nortel Government Solutions workforce and most employees who work wholly or mainly for the Enterprise Solutions business in countries with an Acquired Rights Directive (ARD) or similar law. ARD or similar laws apply in many of the countries in EMEA and require that employment automatically transfers to the purchaser upon an acquisition of the business. Outside of Nortel Government Solutions employees and those employees in countries where ARD or similar laws apply, we expect that a minimum of about 60% of the remaining Enterprise Solutions workforce will be offered employment with Avaya.
    In countries outside EMEA where we will complete a selection process prior to close, our goal is to inform all employees as soon as possible whether they are in-scope or out-of-scope for a position at Avaya. Our principle is to move fast in making these decisions for the sake of all employees’ ability to know their status. The process will be managed jointly by Nortel and Avaya leaders, taking into account functional and positional requirements for the new Avaya. We will seek to inform employees of their status as we are able to confirm it over the coming weeks, and we expect to complete selections by mid-October in most functions and geographies. In parallel, we will continue to drive the Nortel Enterprise business through the close date under our current business and workforce plans.
    Providing a continued path for professional growth has been a key element of all proposals we evaluated, and Kevin Kennedy himself has spoken openly about the need to proactively engage both Nortel and Avaya employees. We will seek to be open and transparent regarding the selection process and focused on building the strongest team possible in the new Avaya and maintaining business momentum in Nortel Enterprise Solutions through the close date.
    Integration planning with Avaya is already underway and will accelerate over the coming weeks as we seek to combine the best of both companies. There will undoubtedly be challenges along the way, but if we continue to focus our actions on delivering what is best for our customers, we will be well served.
    And when it comes to execution, we simply can’t miss a beat. Since filing, our customer support has been outstanding, and we need to show our customers the same levels of service and support from now until close – and beyond. Maintaining our business momentum has never been more important, so let’s keep our feet firmly pressed against the accelerator as we finish this quarter and enter Q4.
    A new journey begins in earnest today. Like many of you, I am excited about creating our future. Together with Avaya, we have an exciting opportunity to redefine the landscape of business communications.
    Thank you for all you have done to bring us to this day and for the amazing work you have done on behalf of our customers.
    No doubt you have many questions about today's announcement. Please join me and the Enterprise senior leadership team for an All-hands Enterprise GIS audio webcast today, September 14, at 11:00 a.m. EDT. Throughout this process we are committed to communicating all significant developments, answering your questions and providing you with timely information.
    Click here to add this event to your Outlook calendar (select “Open” then “Save and Close”). A playback will be made available for those not able to participate in the live session.
    If you would like to pre-submit a question for the Enterprise GIS, please do so here.
    In addition, for the Americas Sales Team, there will also be a GIS audio webcast today at 1:00 p.m. EDT. Click here to add this event to your Outlook calendar (select “Open” then “Save and Close”). A playback will be made available for those unable to attend this session. Additional Asia and EMEA GIS's will be held starting tomorrow. Separate invitations will make those sessions available to you as well.
    Please watch for more information from me later today with additional information, including links to supporting documentation for the sales team. I appreciate your hard work and attention to detail as we move through this transition and I look forward to speaking with you shortly.
    Joel Hackney
    President, Enterprise Solutions

  • random123

    All creditors I am sure would wish to extend their thanks to Siemens Communications for making Aviya pay so heavily for this business.

  • random123

    They didn't have all the Nortel customers. Now, they do.

  • The psychiatrist

    Avaya's bid of $900 million is more about keeping Seimens out of North America then obtaining Nortel's customers.

    I'm not at all surprised about the $15 million reserved for the “employee retention program”.

  • GoProto

    Not Surprised at all. Avaya is , unlike No-tell, a Business run by people who mean Business, not GEniuses running a company into the ground extending the outcome only to try to keep the bonuses flowing.
    I will look forward to the Fraud Trials, after the rest of their “planned” liquidation, (even that disguised as re-structuring) follows this sale. May Justice be Served.

  • S_O_S_This_is_HMS_Nortel

    No word on Hack's status ?
    He sounds like he's on board. The guy is as clueless as ever..yeah…WebAlive 2.0, great stuff.

    Good luck to folks in Enterprise !

  • tonyryb

    Here're my views. My biggest concern is that the deal will take a long time to get approvals.

    http://blog.tmcnet.com/the-hyperconnected-enter…

  • protosphere

    “Avaya has agreed to pay $900-million (U.S.), with an additional $15-million for an employee retention program.”

    “$15-million for an employee retention program”? Bonuses? Hysterical… pinch me!
    The have seeded Nortel's cancer!

    1,13B+915M= around $2B, a cool billion short of what the taxman alone is asking for… They already tried selling MENs and I'd be surprised to see it fetch anywhere near 1.5B… with only LG left to sell to the highest bidder. Creditors must be freaking and there was little said about how many employees Avaya will take.

    Oh well, what might one expect in this saga, “good news”, and contrary to Hack's enthusiasm.

  • protosphere

    “we expect that a minimum of about 60% of the remaining Enterprise Solutions workforce will be offered employment with Avaya.”

    …we'll see…

  • S_O_S_This_is_HMS_Nortel

    Do I hear …60% …50%.., 40%..going down…down….20% ?

  • PM_Guy

    Let' get this straight. The $15M retention bonus will go to executives. The average Joe (not Joel) )rentention package will be a short term job if offered.

  • chrisman

    Don't forget to add to the garage sale list the Class A IP block of addresses that Nortel (BNR) owns. Where does 47/8 sit in the garage sale? I haven't heard mention this asset at all. Probably one of the most valuable things left. Maybe Nortel will end up as an ISP.

  • random123

    You seem to have forgotten CVAS.

  • Moose_Chaser

    EXCELLENT POINT !

    Can this IP address pool also not be auctioned ???

    MC

  • felixmk

    Avaya VOIP enterprise systems suck. I hope Nortel improves the product line. My first request is that the Avaya phone put your first line on hold when you pick up a second line rather than dropping the first line. My second request is that the Avaya phone reboot in under 10 secs not 1 minute and reliably get an IP address. My third request is that the voice mail system be junked in favor of meridian mail. My fourth request is that the dial from directory function be made more intuitive. and so and so on.

  • vvvv

    The Party's Over!

    Don't be misled by Avaya's offer of employment to current Nortel Enterprise employees in North America. Avaya will cut you loose as soon as the divestiture contracts permit and as soon as they've figured out who they really need to retain.

  • longwait

    where can i find this quote, “we expect that a minimum of about 60% of the remaining Enterprise Solutions workforce will be offered employment with Avaya” ?

  • GoProto

    What's your source that the 15 mil dollar employee retention program is for Execs and Bonuses only? I am not disagreeing with you, just want to know if it appears anywhere in writing. I guess we are waiting for a sale document that may divulge the details once it gets court approved?

  • borissss

    why isn`t Netas listed in the garage sale list?

  • longwait

    where can i find this quote, “we expect that a minimum of about 60% of the remaining Enterprise Solutions workforce will be offered employment with Avaya”?

  • PM_Guy

    It is for all employees that they will be keeping but lets face it it will be a small amount for the low level employees. the main money will go to the executives as usual.

  • GoProto

    I hope you are wrong. Perhaps Avaya is smart enough to recognize that it was the executives that brought this Company down, and not the talent of the rest of the workforce. I guess I am always willing to give someone a chance before the cynicism sets in..

  • GoProto

    The only place I have been able to find it is from NormZ's post below, which he says is a Hack-mail / message addressed to Team (Nortel). I have no idea if his post is accurate.

  • normanZ

    I couldn't have made all that up.

  • zeroman

    no it cannot.

  • GoProto

    “I couldn't have made all that up”
    ________________
    Nor did I assume you did, but you'd be surprised.. You never know ~ mimicking an e-mail (Zmail) from Z or Hack is really not too difficult, as they seem to be quite redundant with their catchy power six sigma Genius phrases designed to keep up morale , rally the troops, all the while really saying nothing of importance and nothing near the truth.. spitting out the same meaningless dribble time after time. You should give yourself more credit !!

  • GoProto

    I found this in the updated WSJ article:http://online.wsj.com/article/BT-CO-20090914-709213.html

    “Avaya has agreed to take a minimum of 75% of Nortel's enterprise employees at the time of the transaction's close, Hackney said on the conference call. Nortel's total number of enterprise employees wasn't immediately available.”

    “An Avaya spokeswoman couldn't immediately confirm the percentage”.

    (does that mean she can confirm it later??)

    ——————————
    I take Hackster's statements with a shaker of salt..

  • Thieum

    I think you forgot the GSM piece of Nortel which was not purchased by Ericsson as part of the wireless deal

  • less

    12,13,14 – 15 – 16,17,18…!

    15 is smack dab between 12-18. Nortel was right all along.

  • K_Bad

    Netas is part of the Carrier business unit

  • borissss

    So when CVAS asset is sold,Netas will be included in the deal right?

  • Pingback: Major Cuts Coming in Enterprise Unit

  • golfingpokerplayer

    $15M for KERP – don't want those who ran this thing into the ground jumping ship now! Key Employee Retention Program. Who named this! They laid off all the “Key” employees. Greedy Employee Retention Program seems better suited. Nortel states “Nortel has chosen Avaya as the winner”. So who within Nortel gets to “choose the winner”? Those receiving KERP? Wouldn't the $15M be considered a “bribe” so that Avaya would be the “chosen one”. Some one will need a lot of soap and water to clean their hands of this deal. Good thing Bankrupcy protection also protects you from laws. I sure hope Hackney pulls into a parking spot in front of me. I'd grab him by the throat and ask “Don't you know who I am?”. After all, it has been proven that this does NOT violate Nortel's Code of Conduct, right Mr. Hackney? Ahhhh, I feel better!

  • borissss

    So when CVAS asset is sold,Netas will be included in the deal right?

  • golfingpokerplayer

    $15M for KERP – don't want those who ran this thing into the ground jumping ship now! Key Employee Retention Program. Who named this! They laid off all the “Key” employees. Greedy Employee Retention Program seems better suited. Nortel states “Nortel has chosen Avaya as the winner”. So who within Nortel gets to “choose the winner”? Those receiving KERP? Wouldn't the $15M be considered a “bribe” so that Avaya would be the “chosen one”. Some one will need a lot of soap and water to clean their hands of this deal. Good thing Bankrupcy protection also protects you from laws. I sure hope Hackney pulls into a parking spot in front of me. I'd grab him by the throat and ask “Don't you know who I am?”. After all, it has been proven that this does NOT violate Nortel's Code of Conduct, right Mr. Hackney? Ahhhh, I feel better!

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