EarthLink, MindSpring set breakup fee
yahoo.cnet.com
EarthLink, MindSpring set breakup fee By Bloomberg News Special to CNET News.com September 30, 1999, 3:45 p.m. PT
ATLANTA--EarthLink Network and MindSpring Enterprises agreed to pay a $70 million breakup fee if either company cancels their proposed merger, which will create the second-largest U.S. Internet access provider.
The transaction, announced last week, is worth about $1.4 billion, based on EarthLink's market value. The fee was disclosed in a filing with the U.S. Securities and Exchange Commission.
Breakup fees are often contained in merger and acquisition agreements to protect shareholders against any drop in the value of their securities if the transaction is terminated. They also serve to prevent third parties from bidding on the companies.
Once the merger is complete, the company should have about 2.8 million subscribers, compared with more than 20 million for America Online, the world's largest Internet service. The transaction is expected to be completed in the first quarter of 2000.
MindSpring shareholders will get one share in the new company, to be called EarthLink, for each share held. EarthLink investors will get 1.615 shares for each share they own.
Pasadena, California-based EarthLink fell 0.88 to 42.94, while Atlanta-based MindSpring dropped 0.19 to 27.69. |