Friday, September 14, 2007

Icahn Discloses 8.53% Stake in BEA Systems (BEAS), Seeks Sale

In a 13D filing on BEA Systems (Nasdaq: BEAS), Carl Icahn and affiliated funds disclosed an 8.53% stake in the company (33,426,069 shares includes those underlying call options). In the filing, Icahn said he believes a sale of the company to a strategic acquirer will maximize the price of the shares. Icahn seeks talks with management to discuss possibilities of a deal. Icahn also said he may seek to nominate members for election to the Board of Directors.

BEAS has long been a rumored buyout target.

From the filing:

" The Reporting Persons believe that a strategic acquirer could utilize greater resources and market presence than the Issuer to advantage the Issuer's innovative technology and thereby profit from higher revenue growth and the elimination of duplicative costs. The Reporting Persons believe consolidation in the technology industry is leading to increased competition that may place independent software vendors at a competitive disadvantage. In light of these beliefs, the Reporting Persons believe that a sale of the Issuer to a strategic acquirer will maximize the price of the Shares. The Reporting Persons intend to seek to meet with management of the Issuer to discuss the potential for such a transaction, as well as the Issuer's business and operations generally. The Reporting Persons also intend to discuss these matters with other large-holders of the Shares. The Reporting Persons also note that an annual meeting of the shareholders has not been held since July2006 and may seek to have such a meeting held and may also seek to nominate individuals for election as directors of the Issuer."

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