Formal Sale Process - Expert View25 Jul 2020 17:02
I just spoke to a friend of mine who is a senior Director in M&A in the City (not for UBS).
I wanted to allay my concerns regarding the removal of rules 2.4a, 2.4b, and 2.6a.
He said that this is not uncommon and the impact includes:
- Negative - tends to cause increased uncertainty for the Target (EUA) primarily due to effect on 'business as usual'. So in EUA's case, there will not be a significant impact compared to, say, a firm with lots of staff and need to continue operations.
- Negative - if no parties are interested, EUA are not obliged to inform the market, so after the 28 days the share price could drop significantly / steadily until news.
- Positive - as there is no 28 day put up or shut up (PUSU) period, we could get perpetual speculation and a bidding war. Ergo, it could invite more bidders and eventually get a better price. But timeframe could be anything from 28 days to months.
- Positive - all offers have to be disclosed (via RNS) and cannot be rescinded.
- Positive - a better offer could be submitted at any time and must be disclosed (via RNS).
His opinion on EUA was the timeframe has likely been extended due to the complexity of the resources and valuation, and also covid impact. His view is that UBS will likely try to adhere to a 28 day process, BUT will accommodate more time where absolutely necessary (i.e. if it takes longer it means there are very interested parties). Ultimately, he expects the process to not take more than 3 months for final bid to be accepted. If no news within three months, it is likely that there is no offer.
Good practice would be to update the market after 28 days regardless of interest. This would be next week!