Icahn seeks sale of BEA Systems

Carl Icahn put some real money on the table when he bought 8.5% of business software provider BEA Systems, Inc. (NASDAQ: BEAS). The company has a market cap of over $5.2 billion. It trades at just over $13 and moved up after hours on the news. Icahn had previously held a much smaller number of shares.

In an SEC filing quoted at MarketWatch "A sale of [BEA Systems] to a strategic acquirer will maximize the price of the shares," Icahn said, adding that he intends "to seek to meet with management of the Issuer to discuss the potential for such a transaction, as well as the Issuer's business and operations generally."

Although the company has posted good revenue growth around its core business of transaction tracking software, the company has not been able to report earnings because of an ongoing investigation into stock option grants. For the quarter ending July 31, BEA said revenue rose to $364.6 million from $339.6 million in the 2006 quarter.

The late SEC filings due to options problems has also put the company's Nasdaq listing at risk.

BEA has been the subject of takeover rumors. In July, a Credit Suisse analyst floated the idea that Oracle Corporation (NASDAQ: ORCL) might buy the company.

Douglas A. McIntyre is a partner at 24/7 Wall St.