After a day of dueling lawsuits yesterday (Monday), all parties agreed to
halt litigation for two days as Citigroup Inc. (C) and Wells Fargo & Co. (WFC) continued to squabble over rights to purchase Wachovia
Corp. (WB).
The three banks jointly pledged to “cooperate in good faith to agree among
themselves to secure orders where necessary in all applicable cases in all
jurisdictions,” according to a statement from Wachovia.
The agreement was reached after consultations with the U.S. Federal Reserve,
Bloomberg News reported. The “litigation standstill”
will be in effect until noon EDT tomorrow (Wednesday).
Earlier in the day, Citigroup had filed suit against Wells Fargo and Wachovia
for $60 billion in damages for breaching the exclusive negotiation period
Wachovia had agreed to as part of Citigroup’s original offer for Wachovia’s
retail banking operations.
It was the culmination of a day of legal wrangling, as Wachovia won an
injunction in North Carolina state court to halt Citigroup from delaying the
merger agreement with Wells Fargo.
Meanwhile, in New York, Citigroup’s court order, granted over the weekend
to extend the exclusive negotiation period, was overturned in state appeals
court. Citigroup promised to appeal the motion.
Wells Fargo’s $15 billion, or $7 a share, offer for
all of Wachovia operations easily trumps Citigroup’s $2.16 billion, or $1 per share, offer for just
Wachovia’s deposits, loan portfolio, and retail banking branches. The
Citigroup offer did not include Wachovia’s A.G. Edwards brokerage unit or Evergreen Investment Management Co. LLC mutual fund family.
But as part of its agreement with Citigroup, Wachovia agreed to exclusive
negotiation rights through Monday, Oct. 6. Wells Fargo’s offer was accepted on
Friday, Oct. 3.
"We’re all working together with regulators… to
come to a solution and outcome that serves the public interest, and I think we
will have one today," Sheila Bair, head of Federal Deposit Insurance Corp., said at a banking economics
conference yesterday, Reuters reported.
While the FDIC is not formally involved in the negotiations, it is working
with all parties involved to reach a mutually beneficial agreement.
Hedge fund investor, William Ackman, who holds approximately 170 million
shares of Wachovia, feels the Charlotte-based bank is more valuable if its
retail banking business is sold separately from its asset management and
brokerage divisions.
“This company is worth more, in our view, if it’s
broken into pieces,” Ackman said, Bloomberg News
reported. “It’s worth more because of the tax benefits created from the
separation. It makes sense for Citi to continue buying the banking subsidiary
and it makes sense for somebody else to buy the holding company.”
Another proposal divides Wachovia’s retail branches along geographic lines
with a portion going to each San Francisco-based Wells Fargo and New York-based
Citigroup.