Revised Broadcom Offer Shifts Pressure To Emulex Board
June 30 2009 - 2:56PM
Dow Jones News
Broadcom Corp. (BRCM), in ending the hostile aspects of its
acquisition attempt on Emulex Corp. (ELX) and raising its bid 19%,
has put the pressure squarely on Emulex's board to return to the
bargaining table.
Broadcom's actions, which included dropping a lawsuit against
Emulex and ending an attempt to replace Emulex's board, mean Emulex
has successfully fought off what it deemed a low-ball offer of $764
million, or $9.25 a share. But with a raised bid of $912 million,
or $11 a share, on the table, which Broadcom suggests is its final
offer, Emulex likely now needs to engage Broadcom or risk a rough
reaction from investors.
So far, Emulex said it would review the revised offer with its
advisers, but recommended that stockholders don't tender shares at
this time.
Emulex shares dropped 8.5% to $9.96 Tuesday following the
release of a letter from Broadcom Chief Executive Scott McGregor to
Emulex's board. Investors look worried that Broadcom is prepared to
walk away from the deal should Emulex reject the offer
outright.
"The market is clearly telling you that the stock is going down
and going down big if the deal doesn't get done," said Jefferies
& Co. market strategist Andy Baker.
That could be a big blow to Emulex, which used a shareholder
rights provision, often known as a "poison pill," to keep Broadcom
from convincing Emulex investors to tender their shares. Emulex,
which makes systems that link parts of company data centers, also
has lobbied that Broadcom's bid was opportunistic and undervalued
it.
Broadcom shares recently fell 1.8% to $24.46.
Before Monday, Wall Street had remained confident that Emulex
could extract a larger premium than the $9.25-a-share offer,
keeping Emulex shares well above $10 for the duration of the
takeover battle. The $11-a-share offer represents a 66% premium to
Emulex's share price of $6.61 before Broadcom's original bid April
21.
But now, should Emulex refuse negotiations, shares are likely to
fall further. The stock may not return to preoffer valuations
because of the gains made by the broader market and its peers - as
well as any lingering takeover talk - but it could drop below the
original $9.25 price.
With Emulex, Broadcom would be catapulted into a leadership
position in a growing storage networking technology, further
expanding its product lines and grabbing a strong position to
challenge others, including Emulex rival QLogic Corp. (QLGC), for
control of the market.
But if Emulex refuses the higher price, Broadcom could decide to
try to develop the technology on its own, or partner with an Emulex
rival. That would take time, but with several other business lines,
this particular storage networking technology isn't vital to
Broadcom's survival.
In fact, Broadcom may ultimately be better off without the
Emulex deal, JMP Securities analyst Alex Guana said. He added that
the latest offer "represents the company's final overture" and that
"one way or another," the Emulex distraction will soon be gone.
The longer the process continues, the less attractive it is for
either company, said Peter Falvey, an investment banker with
Revolution Partners who isn't involved in the acquisition. For
instance, suppliers and customers could get anxious about the fate
of the companies, putting pressure on them to make a deal or part
ways.
"This has been going on for a little bit. We're almost in July
now, so it's just not a good thing overall for either company,"
Falvey said.
That may have contributed to Broadcom's McGregor telling Emulex
in the letter that the tender offer for Emulex shares will be on
the table until July 14. Broadcom will let the offer expire "if the
Emulex Board has not at that time indicated its support for the
transaction that we have proposed."
"If we move quickly to combine our two companies with the speed
required by market dynamics, great value can be delivered now to
your shareholders and future opportunities created for ours. If
not, we believe it is only prudent for Broadcom to consider other
alternatives," McGregor said in the letter.
At $11 a share, Emulex management "should now at a minimum begin
some sort of discussion," said Emulex shareholder Ryan Carr of
Sparta Asset Management.
"They really need to figure out if there is a technological or
cultural fit," he said, adding that if Broadcom is serious about
creating value through an acquisition, it could attract more Emulex
shareholders with some amount of Broadcom equity thrown into the
offer.
"Otherwise, how do current Emulex holders participate in the
value creation?" he asked, in an email exchange. "We don't."
-By Jerry A. DiColo, Dow Jones Newswires; 212-416-2155;
jerry.dicolo@dowjones.com