Everybody here knows I like providing commentary on the financial train wreck that is Countrywide.  As pretty much everyone knows and I wrote about Bank of America formally submitted an offer to purchase Countrywide and of course I was skeptical.  The details of the agreement are now available, as they've been filed with the SEC.

Anyways probably the most interesting part is Countrywide pays Bank of America a $160M breakup fee if the deal falls apart.  These types of deals almost always have breakup fees but it's typically the buyer paying it.  The list of reasons that Bank of America can back out of the deal is rather lengthy, so basically they get 9 months (estimated closing time) to look through Countrywide's books.  If they don't like what they see or find inaccuracies in Countrywide's representations, they walk away with $160M.  Hum...

 

12 Comments on Bank of America's $160M peep show

JAN
17
2008
480,278 Points 151 Featured Posts Outside Blog

Matt....  lol   Hhhhhhhmmmmmm ?   It sounds like... well, it's telling me that Countrywide will either be bought out or file for bankruptcy and just die then. What's another 160M in debt to CW???  

jeff belonger
11:43pm • #1
213,786 Points 1 Featured Post Localism Sponsor Outside Blog Hit Router

OH well, sounds like Countrywide is a goner either way.  How many more Millions can they afford to lose?  Meanwhile, they are playing "clean as a whisle" yeah you won't find anything inaccurate in our books.... meanwhile what about all the employees that have or will lose their positions.

What is your thought.... will it ever calm down?

11:46pm • #2
229,425 Points 22 Featured Posts Localism Sponsor Outside Blog

Interesting... I didn't realize that CW was on the hook for the breakup fee.  Sounds like things might be a lot worse than we think.

11:48pm • #3
1,088,618 Points 57 Featured Posts

Yeah it will calm down at some point but right now we don't know how deep the rabbit hole is, and almost all the unknowns are downside risks.  

11:54pm • #4
213,094 Points 39 Featured Posts Outside Blog
I saw that, too, and mused about the flipped direction. I thought exactly this, "Okay, BofA has only their earlier investment at risk but could recoup most of that through losses and indemnifications and the acquisition of billions of dollars in service fees. They also are above the threshold on LTD's and if they acquire CW and blend the sheets it won't work for FDIC ... and CW gets the renege penalty?" 
11:54pm • #5
1,088,618 Points 57 Featured Posts
Yup, Countrywide definetly was not the one dictating terms on this deal.  Same with the big foreign investments the investment banks such as Citi and Merril have been getting.  Those have all sorts of clauses in them, that there are no way you would accept unless your back is up against the wall with no other choice.  Things such as "full ratchet" clauses which basically screw every common shareholder (big time) if you have to go an raise any more money.  
11:58pm • #6
JAN
18
2008

I should have made that deal with them, I would wait until month 7 and then walk away with the greenies.

Take are!

RJH

12:08am • #7
127,965 Points 1 Featured Post
Matt- That's really very interesting. Bank of America must suspect that the deal isn't totally tight and they are covering their 6.
12:09am • #8
170,962 Points 6 Featured Posts Outside Blog
Matt,  It's a sad situation, but all you can do is laugh at it.  I guess CW has a gun pointing at it's head!  Either way you look at it, they lose and BoA wins.  Go figure!
8:31am • #10
597,615 Points 34 Featured Posts Localism Sponsor Outside Blog Hit Router
I think it is pretty obvious that CW has been trying to blow a lot of warn air up people skirts for a while.  I think this just illustrates how bad it is for them.  Do you really think that BoA could recover that money?  I think the only way that BoA is going to get payback from CW is to take the deal and turn them in the right direction.
2:07pm • #11
173,945 Points 17 Featured Posts Localism Sponsor Outside Blog
Now that sounds like a deal.  No conflict there.
5:08pm • #12

Leave a response…



(optional)
What does the graphic say?
 
Rainmaker_large

Matt Heaton

Bothell, WA

More about me…

Timu Corp - CEO, ActiveRain - Co-founder

Cell Phone: (425) 894-6658

Email Me

My ramblings about growing ActiveRain, the real estate industry and something I follow very closely, credit markets.  Why "The ActiveRain Addiction"?

My new project Timu, a communications and social networking platform for sports teams.

View my Timu Profile...

Big Startups

View my BigStartups Profile...



    Links

    Archives

    RSS 2.0 Feed for this blog

    Find WA real estate agents and Bothell real estate on ActiveRain.