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Re: Orenthal post# 28015

Tuesday, 01/06/2009 8:25:10 PM

Tuesday, January 06, 2009 8:25:10 PM

Post# of 86719
I'll chime in on that one. Our possible bid is only a rumor. If the rumor were true, then there is a customary procedural process on deals just like this one. Since it is an all cash deal, we would have had to go out and secure what I'm guessing for a regional license might be $100-$150 million in cash overnight. Then we would have been thrown into the mix maybe with another 10 companies that have all been mentioned. Then they would have had to burn the midnight oil to get together a formal offer within about two weeks. Then the company would have had to come back to Drinks and tell them their offer was being considered. That means they would have made some kind of cut. At this point, they all have to sign non Disclosure Agreements. That says that nobody involved in company matters, or financing, or lenders, or backers, or vendors, etc. is allowed to discuss any matters relating to this venture, nor are they allowed to trade in the stocks or options of either company while the bidding process is being conducted right through closing. Then whoever was left would have had to enter the due diligence period. That's where any major acquirer has the right to come in and inspect the books, talk to key personnel, and make sure everything ABIB is presenting is exactly what they profess it is. That is usually around 30 days but most never take that long especially if no exclusivity has been granted. Then Drinks would have to come back with their final offer and without exclusivity, their final decree of why they deserve the company over anyone else. After all that, still no guarantees that any particular company would get it unless....

Hey, I was just thinking. Anybody remember the caller who called in on the August conference call that drew reference to Jimmy Iovine stating "Drinks would be a billion dollar company with our involvement" and he asked Patrick to elaborate on how he was going to get there. Patrick responded by saying, "Well, let me state first we never use the "B" word around here."

In October, Patrick came out in the Maxim Presentation and said they were building a "B"illion dollar company. In the Shareholder Letter, he said they were building a "B"illion dollar company. On the conference call, he said they were building a "B"illion dollar company.

That's a funny thing. Something sure changed "overnight."



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