Jones Day works on billion-dollar media deal

Posted on February 25, 2010 13:15 by Janet Conley

Jones Day partner Maria F. Farall of Atlanta was one of a team of attorneys advising NII Holdings Inc. in a $1.44 billion cash agreement with Grupo Televisa, S.A.B., the largest media company in the Spanish-speaking world.

At issue was a Mexican operating subsidiary for Reston, Va.-based NII Holdings known as Nextel Mexico.

Maria Farall Grupo Televisa, represented by lawyers from Wachtell, Lipton, Rosen & Katz, will acquire a 30 percent equity stake in NII's group. According to NII's 8-K filing with the SEC, the equity stake “reflects an implied pre-investment value of Nextel Mexico of $4.3 billion.”

The Mexican firm Gallástegui y Lozano, S.C., represented both companies on the Mexican aspects of the deal.

Farall, who worked with lead lawyer Jeanne M. Rickert out of Jones Day's Cleveland office, declined to comment on the transaction.

Televisa will receive an option to acquire an additional 7.5 percent equity interest in Nextel Mexico exercisable on either the third or fourth anniversary of the initial investment. Beginning on the third and each successive anniversary of the deal, according to NII's Securities and Exchange Commission filing, Televisa also will have liquidity put rights that, if exercised, will require NII to purchase up to 33.3 percent of Televisa's initial interest in Nextel Mexico. In general, a liquidity put right is used by an investor as a sort of guarantee of return on its investment. These liquidity put rights, for example, could give Nextel Mexico the incentive to cash Televisa out at some point or to go public.

Televisa also will gain the right to appoint two of Nextel Mexico's six board members.

The investment agreement is conditioned upon, among other things, the Nextel/Televisa consortium being awarded licenses to use specified amounts of spectrum in Mexico's upcoming auctions of its wireless spectrum. As of late last week, 17 bidders had filed documentation to participate in the May 25 auctions, according to an article in the Wall Street Journal.

NII's filings with the SEC indicate that Televisa's initial investment will be $1.14 billion, with the remaining $300 million paid in three equal installments on the first, second and third anniversaries of closing. Televisa's stake in Nextel Mexico will increase from an initial level of 25.3 percent to 30 percent as the installments are paid.

The companies have said that Nextel Mexico's wireless capabilities and Televisa's programming, content and multiple distribution channels, as well as its satellite and cable TV businesses, will combine to allow them to offer services including wireless, television, broadband data and fixed voice services.


More about: ,
E-mail | Share on Facebook | del.icio.us | Permalink | Add a comment | Comments (0) | Comment RSSRSS comment feed

Comments

Comments are closed
ADVERTISEMENT
An Affiliate of the Law.com Network
Sign up to receive Legal Blog Watch by email
From the Law.com Newswire

[about RSS] Law.com Privacy Policy

Categories

Recent posts

Archive

About this blog

Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

Blogroll







Sign in