Becky Quick (Co-anchor) 00:00.150
faber joins us right now from the new york stock exchange he has that news good morning david
David Faber (Financial Journalist) 00:04.830
good morning becky we've been waiting for the response so to speak from warner brothers discovery to that tender offer we got more than a week ago from paramount to acquire warner brothers for thirty dollars a share in cash and we've gotten it this morning it's a fourteen D nine
David Faber (Financial Journalist) 00:17.710
filing it is as you might imagine voluminous that said the key points are ones we've been making and of course the lead is no thank you paramount rejecting paramount 's latest bid if you will at thirty bucks a share all cash for a variety of reasons many of which we've been
David Faber (Financial Journalist) 00:37.750
discussing over the last few days and over the last week or so as well but let me get to specifics because there are a number of them here and they do focus certainly at least starting with what they believe is being consistently misled by that is paramount consistently
David Faber (Financial Journalist) 00:57.240
misleading warner brothers shareholders that has proposed transaction has what they call a full backstop from the ellison family the warner brothers board of directors says it does not and never has there is no ellison family commitment of any kind instead they propose that you
David Faber (Financial Journalist) 01:13.790
rely on an unknown and opaque revocable trust for the certainty of this crucial deal funding and they say despite having been told repeatedly why by warner brothers how important a full and unconditional financing commitment from the ellison family was and despite their own
David Faber (Financial Journalist) 01:30.480
ample resources of course pointing to larry ellison 's one point one billion shares of oracle that are in that family trust as well as multiple assurances during our strategic review process that such a commitment was forthcoming the ellison family has chosen not to backstop the
David Faber (Financial Journalist) 01:47.990
paramount offer now of course backstop is exactly the term that paramount used in its latest bid saying in fact the ellison family is good for the forty point roughly eight billion dollars or so in equity that they were going to need to complete the transaction this is one of
David Faber (Financial Journalist) 02:09.270
any number of of specific recommendations slash parts of the rejection that we've gotten this morning from warner brothers they say they gave a full transparent and competitive review established a level playing field that fostered a rigorous and fair process now of course
David Faber (Financial Journalist) 02:28.670
paramount has said nothing of the kind existed in fact that they feel as though they were disadvantaged perhaps even from the start but certainly later on when they felt as though their final their last offer didn't even get a response they say despite media 's paramount 's
David Faber (Financial Journalist) 02:45.920
media statements to the contrary the board does not believe as well that there is material difference and regulatory risk between paramount and netflix that's also very important of course as you both well know given there has been a view that paramount would have a speedier and
David Faber (Financial Journalist) 03:03.670
easier regulatory review certainly here in the united states perhaps in europe as well ben would putting together as is the case of course and with this merger agreement between netflix and warner brothers the number one streamer and the number three or four streaming depending
David Faber (Financial Journalist) 03:18.150
on how you how measure things but not unexpected the question now of course will be do we simply wait we see what the response is from paramount and will they choose to raise their offer to trigger perhaps the matching rights that netflix has under its merger agreement and
David Faber (Financial Journalist) 03:34.590
forced it to come up and will they also address andrew and becky these concerns particularly as it deals with financing something we have been talking about of late and and does seem to have been one of the key gating issues as to why paramount was unsuccessful even though of
David Faber (Financial Journalist) 03:52.550
course it started this bidding and made what ended up being i think six bids to try and buy this company