Business software maker Oracle Corp on Friday said it will release its second-quarter earnings before US markets open on Monday, instead of Thursday, due to issues related to its take-over bid for PeopleSoft Inc that may come up in court later on Monday. "It has become clear this week during our depositions for Delaware that issues related to the quarter may be raised in court," said Oracle chief financial officer Harry You.
You was referring to Oracle's two-day gathering scheduled for Monday and Tuesday in Delaware Chancery Court, which will hear more arguments from both companies about PeopleSoft's shareholder rights plan, known as a "poison pill."
Market analysts expect Oracle to post a higher quarterly profit and higher revenue for its fiscal second quarter relative to the year-earlier period.
Oracle is expected to argue in Chancery Court that the poison pill, the last barrier to Oracle completing its $9.2 billion take-over proposal, should be thrown out after 61 percent of PeopleSoft shareholders tendered their stock to Oracle in a nonbinding vote in November.
The poison pill would dramatically raise the cost of Oracle's hostile take-over bid.
PeopleSoft will try to convince the court it is worth far more than Oracle's current $24 per-share offer. PeopleSoft's board has not said what price would fully value the company.
Chancery Court Judge Leo Strine is expected to rule by January whether to force PeopleSoft to remove the pill, though many legal analysts say that is unlikely as rights' plans have rarely been dismissed.
If the judge upholds the pill, Oracle would be forced to take its take-over bid, which has gotten US and European Union antitrust approval, to shareholders at PeopleSoft's annual shareholder meeting scheduled for March 25.
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