And you thought it would be easy. Nothing ever is. Citigroup Inc. (NYSE: C) has issued a statement recently saying "Wachovia Corp. (NYSE: WB)'s agreement to a transaction with Wells Fargo & Co. (NYSE: WFC) is in clear breach of an Exclusivity Agreement between Citi and Wachovia. In addition, Wells Fargo's conduct constitutes tortious interference with the Exclusivity Agreement."The exclusivity agreement also guarantees that Wachovia will not enter into a transaction with a third party, including any discussions or negotiations. Moreover, it "provides that the parties would be irreparably harmed by any breach of the agreement..." Citi claims it has also been providing liquidity support to Wachovia Bank since Monday's announcement.
Citigroup shares plunged about 11% earlier in the day, but are now recovering somewhat, down "only" 9.2%. Meanwhile WB shares remain up around 70% but saw a dip when the Citi statement was issued. WFC shares are about 5% higher.
If this is the case and Citi has "substantial legal rights" here and the $15.4 billion stock swap deal -- $7 per share of Wachovia, or 79% over Thursday close -- between Wells Fargo and Wachovia is terminated, as per Citi's demand, we will definitely see Wachovia shares go lower. Still, regulators might get involved. While Citigroup believes regulators will intervene on its behalf and the FDIC director even said so, that might not be the case as the Wells Fargo deal is superior to the one Citi offered. Not only is Wells Fargo buying all of Wachovia's operations, but it doesn't require FDIC guarantees. Citi was going to buy just the banking operations and required FDIC guarantees.
If the deal with Well Fargo remains, though, Citi will be hurt as the transaction would have propped up its deposit base and improved its balance sheet. Citi stock might decline even further.
I just find it odd that banks are actually fighting over a distressed Wachovia in these times. Perhaps this is a good sign?











Reader Comments (Page 1 of 1)
10-03-2008 @ 12:50PM
Sheldon L said...
What is not being addressed is whether there was any prescribed break-up fee amount in the agreement with Citi. This is very common to avoid having to go to court to assess/argue damages.
10-03-2008 @ 1:24PM
Nick said...
In the wake of what's happened to, IndyMac, WAMU and Wachovia, there should be a full investigation of the FDIC to determine who's being protected. If there was a bail-out pending, especially in advance of its latter two moves, why did the FDIC unload these major lenders for little or no value to shareholders, investors, etc.? Were they "failed" or did they push them over the edge so they could not be acquired in a reasonable fashion. I am a stockholder and I'm very angry at this situation, and I'm sure many others are also. Let's determine the motives.
10-03-2008 @ 10:23PM
kevin said...
Hi Nick you are right I lost $10,000 in early premarket trading of wachovia, monday morning between 7am and 8 am i wached my shares fall 99% to 094 cents and i could do nothing about it extended hours only opens for regular traders at 8 am and i had already lost all my position by 8 am when i could begin to trade. steele screwed the shareholders, and that is not fair, he went on Cramer before he screwed us and said he would protect the very people that stuck with him, and he dumped on us, i think it stinks!!!!!
10-03-2008 @ 10:49PM
roland said...
the one point that is being missed here is that citi agreed to take about 42 billion of bad debt with no cost to the tax payers and then pass along what was left in bad debt to the bailout deal. wells fargo apparently found about 72 billion in bad debt which almost assuredly will be passed on to the bailout. ,thus with citi the taxpayers get only about 30 billion in bad debt versus wells fargos estimate of 72 billion. these numbers are approximate. the outcome of this will be most interesting. just about 4 weeks ago wachovia was named as one of only about 6 "fortress banks" in the u.s by one financial commentator. how times change.
10-04-2008 @ 11:57AM
JDSalinger12 said...
Now, the big banks are fighting each other in a break neck race to consolidate which is being done for business survival rather than business gain. Sadly, the bailout will not help them much. They are hurting and when they hurt, we all suffer. Everyone should start looking for ways to protect their money. This basically comes down to either taking your money out of the market and cutting discretionary spending or diversifying and investing some overseas. I personally use offshore bank accounts and they have helped me with diversification and asset protection. If you want to read more on why offshore investing is smarter, feel free to visit my website.
Best,
Frank Miller
http://www.theoffshorebankaccount.com
10-05-2008 @ 4:31PM
kathy said...
if citigroup wins i will pull my money out asp and i know alot of other people will
10-05-2008 @ 11:42PM
roland said...
the bailout package as passed allows $250 billion to be immediately made available to financial institutions with bad debt so that they can get it off their books. well the $72 billion in bad debt that wells fargo claims to have found on wachovia's books will tale up almost 29 percent of that $250 billion. the citigroup deal is much better for the tax payer as it will only look for about 30 billion from the bailout fund or about 12 percent of the total. from this very important angle the citigroup deal looks like a no brainer as the fund gets to have more funds available for other banks and the tax payer gets hit for a much smaller amount of money(42 billion). citigroup also has prior approval from the government. let us all see how this deal finally ends up getting done.