Is Toshiba Screwed?

http://www.toshiba.com/tai/The tortuous auction of Toshiba’s coveted NAND chip fab has finally started to wrap up. You would think that after over nine months of bidding and 2 trillion yen ($17.7 billion) the victors would like to gloat. A win of that size would be celebrated, but nooo….

The winning partners lead by venture capitalist Bain Capital and Apple can’t even agree on when to hold a presser to announce their purchase. The consortium had planned a presser for 09-28-2017, which was abruptly cancelled just minutes before it was due to begin according to reports. Reuters reports that “…the consortium could not form a consensus on whether to brief media.”

PangeaOne wrinkle may be that Apple (AAPL) has demanded new terms on its chip supply for the new iPhones. In addition to Apple, Bain’s consortium “Pangea” includes Japan’s Hoya Corporation, South Korea’s SK Hynix, and U.S. investors Kingston Technology (KINS), Seagate Technology (STX) and Dell Technologies Capital.- all of which want access to NAND technology.

Under the deal, Toshiba will have 40.2 percent of voting rights in the chip unit and Hoya will own 9.9 percent. The four U.S. tech firms will not have voting rights.

Western DigitalBesides internal strife, the sale also faces legal challenges from Western Digital (WDC), Toshiba’s chip venture partner and rejected suitor, which is seeking an injunction to block any deal that does not have its consent.

Western Digital, one of world’s leading makers of hard disk drives, paid some $16 billion last year to acquire SanDisk, Toshiba’s chip joint venture partner since 2000. It sees chips as a key pillar of growth and is desperate to keep the business out of the hands of rival chip makers.

Bain has also announced that it plans to take Pangea public by 2020.

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