Pivotal's board of directors has voted unanimously to reject Onyx's
acquisition bid. But developments continue to brew, and both sides
continue to posture. Pivotal has issued an announcement that it will
seek to postpone its shareholder meeting -- originally scheduled for
Tuesday and originally called to vote on the Oak Investment Partners
acquisition proposal -- to Friday.
During that time, Pivotal shareholders will have a chance to more
closely examine the Onyx proposal, Pivotal CEO Bo Manning told
CRMDaily.com. "Extending the date has nothing to do with the board's
firmness in rejecting the proposal," he said. However, the company has
decided to request that shareholders postpone the meeting "to comply
with all the norms of good government and securities laws."
Playing the Field
Corporate altruism aside, however, the Pivotal board has another very
good reason to take a few more days to prepare for the meeting. During
the Onyx brouhaha, another proposal has come forward.
Manning declined to name the entity, but he did say that the third
proposal meets at least some of the criteria Pivotal has established for a
buyer. Among them are the ability to offer financial stability to
Pivotal, which has been struggling for some time, and a synergy of
product offerings such that a merger or acquisition would present
cross-selling opportunities to both companies.
In fact, a merger between Onyx and Pivotal would offer very little in
the way of cross-selling openings, Aberdeen Group vice president Denis
Pombriant told CRMDaily. Both companies have developed products based
on Microsoft tools, he pointed out. There would be little compelling
reason for a customer of one company to switch to the other's
applications.
Jilted Suitor Pleads Case
For its part, Onyx has issued a statement asserting that its offer
remains open and that its offer is superior. Of course, Onyx cannot
wage a public-relations campaign against an unknown bidder, so it
continues to focus on Oak Investment and Talisma.
"Onyx is in a position to thrive on its own. Pivotal and Talisma are
not," the company claims. In addition, Onyx says that its own
acquisition bid offers a variety of benefits to Pivotal shareholders --
including the creation of the second largest pure-play CRM vendor in
the marketplace and the possible benefits of keeping the combined
company public.
Onyx also has pointed out alleged inconsistencies in the shareholder
paperwork surrounding proxy procedures and made a variety of assertions
about its exclusion from the process Pivotal held to attract
prospective buyers. (continued...)
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