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Posts Tagged ‘Date certain mergers and aquisitions’

After the deal with IBM feel through, Oracle did not wait long before aquiring Sun Microsystems. This article from San Jose Mercury News gives a throurough analysis. Here are some selected shorts from the story:

“Oracle will pay $9.50 per share for Sun’s stock, the two companies announced this morning. That is slightly higher than the price that IBM reportedly offered after lowering its bid in the days before those talks collapsed. The sale of Sun to Oracle means a powerful combination of two software giants, but also could represent a new direction for Oracle. It could potentially create a new force for competition in corporate datacenters, where companies like IBM, Hewlett-Packard and Cisco have been competing to offer a wide range of hardware and software products.”

In a joint conference call, Oracle president Safra Catz said the deal will add at least $1.5 billion in annual income to Oracle from the start. She stressed that the combined companies will be able to operate profitable and noted that Oracle has a track record of successfully integrating other large acquisitions in recent years, including BEA Systems, Seibel and PeopleSoft.”

Click here for more coverage on this issue: Peter Thomas, The IT Nerd, Bloggingstocks.

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Steven R. Gerbsman, Principal of Gerbsman Partners, Kenneth Hardesty and Dennis Sholl, members of Gerbsman Partners Board of Intellectual Capital, announced today their success in maximizing stakeholder value for a venture capital backed medical device company that developed a new minimally-invasive treatment option for patients with emphysema.

Gerbsman Partners provided Crisis Management leadership, facilitated the sale of the business unit, associated Intellectual Property and assets and recovered receivables. Due to market conditions, the senior lender and the board of directors made the strategic decision to maximize the value of the business unit and Intellectual Property. Gerbsman Partners provided leadership to the company with:

  • Crisis Management and medical device expertise in developing the strategic action plans for maximizing value of the business unit, Intellectual Property and assets;
  • Proven domain expertise in maximizing the value of the business unit and Intellectual Property through a targeted and proprietary “Date Certain M&A Process”;
  • The ability to “Manage the Process” among potential Acquirers, Lawyers, Creditors Management and Advisors;
  • The proven ability to “Drive” toward successful closure for all parties at interest.

About Gerbsman Partners

Gerbsman Partners focuses on maximizing enterprise value for stakeholders and shareholders in under-performing, under-capitalized and under-valued companies and their Intellectual Property. Since 2001, Gerbsman Partners has been involved in maximizing value for 52 Technology, Life Science and Medical Device companies and their Intellectual Property and has restructured/terminated over $770 million of real estate executory contracts and equipment lease/sub-debt obligations. Since inception in 1980, Gerbsman Partners has been involved in over $2.2 billion of financings, restructurings and M&A transactions.

Gerbsman Partners has offices and strategic alliances in Boston, New York, Washington, DC, San Francisco, Europe and Israel.

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Gerbsman Partners has been retained by Emphasys Medical, Inc. to solicit interest for the acquisition of all, or substantially all, Emphasys Medical Inc.’s (“Emphasys”)  assets.

Emphasys Medical Company Profile

Founded in 2000, Emphasys is a private, California-based, revenue stage medical device company. Over the past 8 ½ years, the Emphasys has raised approximately $90mm in equity and debt from leading venture capital firms including ABS Ventures, Advanced Technology Ventures, Morgenthaler Ventures, SplitRock Ventures, OrbiMed Advisors, Morgan Stanley Venture Fund, Cargill Ventures, and Western Technology Investment.

Emphasys is a leader in developing innovative, therapeutic devices to treat advanced heterogeneous emphysema. Emphasys’  Zephyr EBV provides therapy for patients whose lungs are hyperinflated due to emphysematous destruction. By reducing the amount of trapped gas in the hyperinflated regions of the lungs, the devices restore the elastic recoil of the lung, therefore improving overall lung function.

Emphasys Medical’s Assets

Emphasys has developed a portfolio of assets critical to the bronchoscopic treatment of emphysema with endobronchial valves.
These assets fall into a variety of categories, including: Patents, Patent Applications and Trademarks

  • Prospective, Randomized Patient Data Set for Treating Heterogeneous Emphysema
  • Prospective, Registry Patient Data Set for Treating Persistent Air Leaks
  • Bronchoscopic Valve Technology and Product Inventory
  • Manufacturing, Design and Calibration Equipment
  • CE Mark for the Zephyr EBV
  • International Revenue
  • Intellectual Capital and Expertise

The assets of Emphasys will be sold in whole or in part (collectively, the “Emphasys Medical Assets”) on an ” as is, where is basis, with no reps and warrtanties whatsoever” and must close in 7 days.  The sale of these assets is being conducted with the cooperation of Emphasys. Emphasys and its employees will be available to assist purchasers with due diligence and a prompt, efficient transition to new ownership. Notwithstanding the foregoing, Emphasys should not be contacted directly without the prior consent of Gerbsman Partners.

For more information, please contact:

Steven R. Gerbsman

(415) 456-0628

steve@gerbsmanpartners.com

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