Department of Justice Clears Oracle's Acquisition of BEA
27 Febrero 2008 - 2:59PM
PR Newswire (US)
SAN JOSE, Calif., Feb. 27 /PRNewswire-FirstCall/ -- BEA Systems,
Inc. (NASDAQ:BEAS), a world leader in enterprise infrastructure
software, today announced that the U.S. Department of Justice and
Federal Trade Commission have granted early termination of the
Hart-Scott-Rodino (HSR) review period for Oracle Corporation's
proposed acquisition of BEA. As previously announced, BEA has
scheduled a special meeting of its stockholders, to be held at
10:00 a.m. Pacific time on Friday, April 4, 2008, to consider and
vote on the proposed merger. The transaction still requires BEA
stockholder approval and regulatory clearance from the European
Commission and is subject to other closing conditions. About BEA
Systems, Inc. BEA Systems, Inc. (NASDAQ:BEAS) is a world leader in
enterprise infrastructure software. Information about how BEA helps
customers build a Liquid Enterprise(TM) that transforms their
business can be found at bea.com. Copyright 1995-2007, BEA Systems,
Inc. All rights reserved. BEA, BEA AquaLogic, BEA eLink, BEA
WebLogic, BEA WebLogic Portal, BEA WebLogic Server, Connectera,
Compoze Software, Jolt, JoltBeans, JRockit, SteelThread, Think
Liquid, Top End, Tuxedo, and WebLogic are registered trademarks of
BEA Systems, Inc. BEA Blended Application Development, BEA Blended
Development Model, BEA Blended Strategy, BEA Builder, BEA Guardian,
BEA Manager, BEA MessageQ, BEA microService Architecture, BEA SOA
360, BEA Workshop, BEA WorkSpace 360, Signature Editor, Signature
Engine, Signature Patterns, Support Patterns, Arch2Arch, Arch2Arch
Advisor, Dev2Dev, Dev2Dev Dispatch, Exec2Exec, Exec2Exec Voice,
IT2IT, IT2IT Insight, Business LiquidITy, and Liquid Thinker are
trademarks of BEA Systems, Inc. BEA Mission Critical Support, BEA
Mission Critical Support Continuum, BEA SOA Self Assessment, and
Fluid Framework are service marks of BEA Systems, Inc. All other
company and product names may be the subject of intellectual
property rights reserved by third parties. All other trademarks are
the property of their respective companies. Cautionary Statement
Regarding Forward-Looking Statements This document contains certain
forward-looking statements about BEA that are subject to risks and
uncertainties that could cause actual results to differ materially
from those expressed or implied in the forward-looking statements.
These factors include, but are not limited to, the risk that Nasdaq
may delist BEA's common stock for failure to comply with any Nasdaq
listing requirement; the occurrence of any event, change or other
circumstances that could give rise to the termination of the merger
agreement; the outcome of any legal proceedings that may be
instituted against BEA and others following announcement of the
proposal or the merger agreement; the inability to complete the
merger due to the failure to obtain stockholder approval; the
inability to obtain necessary regulatory approvals required to
complete the merger; the risk that the proposed transaction
disrupts current plans and operations and the potential
difficulties in employee retention as a result of the merger; the
ability to recognize the benefits of the merger or of any
combination of BEA and Oracle; the timing of the initiation,
progress or cancellation of significant contracts or arrangements;
the mix and timing of services sold in a particular period; and the
possibility that BEA may be adversely affected by other economic,
business, and/or competitive factors. BEA is under no duty to
update any of the forward-looking statements after the date of this
document to conform to actual results. These and other risks are
set forth in the "Risk Factors," "Legal Proceedings" and
"Management's Discussion and Analysis of Financial Condition and
Results of Operations" sections of and elsewhere in BEA's Form 10-K
for the year ended January 31, 2007 that was filed with the
Securities and Exchange Commission on November 15, 2007. Many of
the factors that will determine the outcome of the subject matter
of this release are beyond BEA's ability to control or predict.
Important Additional Information Regarding the Merger. In
connection with the proposed merger, on February 7, 2008, BEA filed
a preliminary proxy statement with the Securities and Exchange
Commission (the "SEC"). Investors and security holders are advised
to read the preliminary proxy statement and, when it becomes
available, the definitive proxy statement as well as any other
relevant documents filed with the SEC when they become available
because they will contain important information about the merger
and the parties to the merger. Investors and security holders may
obtain a free copy of the proxy statements and other documents
filed by BEA at the SEC website at http://www.sec.gov/. The proxy
statements and other documents filed by BEA with the SEC also may
be obtained for free at BEA's Internet website at
http://www.bea.com/investors or by writing to BEA Systems, Inc.,
2315 North First Street, San Jose, CA 95131, Attn: Investor
Relations Department. In connection with the special meeting of BEA
stockholders to approve the adoption of merger agreement, BEA will
mail copies of the definitive proxy statement to BEA stockholders
who are entitled to attend and vote at the special meeting. The
information in the preliminary proxy statement is not complete and
may be changed. Before making any voting or investment decisions
with respect to the proposed acquisition or any of the other
matters with respect to which BEA's stockholders will be asked to
vote pursuant to the proxy statement, BEA's stockholders are urged
to read the definitive proxy statement and other documents filed by
BEA when they become available. DATASOURCE: BEA Systems, Inc.
CONTACT: Investors, Kevin Faulkner, +1-408-570-8293, , or Media and
Industry Analyst Contact, Kevin Hayden, +1-408-570-8017, , both of
BEA Systems, Inc. Web site: http://www.bea.com/
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