Dec 18 Sprint Corp promised to pay
Clearwire Corp a $120 million breakup fee if its $2.2
billion purchase of roughly half of the smaller wireless service
provider does not go ahead.
Sprint, the majority owner of Clearwire, announced the fee
in a regulatory filing on Tuesday, the day after it said it
would buy out the rest of the company for $2.97 per share.
The Clearwire deal is conditional on the sale of a 70
percent stake in Sprint to Japan's SoftBank Corp for
$20 billion, which is expected to close around mid-2013. It also
requires approval from a majority of Clearwire's minority
Sprint would have to pay the breakup fee if the SoftBank
deal does not happen, if it or Clearwire terminates the
agreement, or if their deal has not been consummated on or
before Oct. 15, 2013, according to the filing.
The merger agreement also includes a "no-shop" restriction
on Clearwire's ability to solicit acquisition proposals.
Sprint has support for the deal from at least three
Clearwire shareholders owning 13 percent of the company - Intel
Corp, Comcast Corp and Bright House.
But some shareholders said they were disappointed by the
price, and one started looking for support for a class action
lawsuit against the deal.