Ford got a boost from billionaire investor Kerk Kerkorian’s Tracinda, which waived a condition requiring it to bail on its tender offer for Ford shares at $8.50 if the stock fell by 10 percent or more from the close of trade on May 8th, when the stock was at $8.20 per share. It closed at $6.71 on Thursday, but was up about 2 and a half percent before the market opened Friday. Tracinda said it “continues to believe in Ford’s management and turnaround efforts and remains committed to its offer,” which expires at on June 9. Tracinda already has 100 million shares of Ford, and if it shied away from the tender offer, the value of its existing investment would suffer. That’s not to say it doesn’t believe in management, but the ring of the endorsement is perhaps a little less pure.
BHP Billiton‘s $180 billion bid for Rio Tinto appears to be yet another firmly inconclusive step closer to reality. The world’s biggest miner, in hot pursuit of unwilling Rio since last fall, has formally filed with the European Commission for takeover clearance. The European Union’s executive arm and antitrust regulator has set a deadline for consideration of July 4. By then, it must approve, extend (briefly) or launch an investigation into the merger bid. Rio spurned BHP’s all-share offer shortly after BHP was required to put up or shut up by British regulators on Feb. 6. The filing was delayed for months during pre-filing talks with the European Commission. Analysts say the most contentious area is likely to be iron ore, since the combined firm would control around a third of seaborne trade in the raw material for making steel.
Casino and racetrack operator Penn National said it was unlikely to receive necessary regulatory approvals before an upcoming merger deadline for its acquisition by a group led by Fortress Investment. Fortress and Centerbridge Partners agreed in June 2007 to buy Penn National for $67 a share, or $6.1 billion. In March, the company said the per share amount will be increased by $0.0149 per day if the buyout is not completed by June 15. Penn said approvals for the merger remain pending before a number of state regulatory authorities. Gambling and racing activities are individually controlled by states, so the company needs the green light from each state it operates in.