Tag Archive for Bankruptcy

Chapter 11 Reboot for Sungard AS

Updated 11/18/2022 –  11:11 Systems has completed the acquisition of Sungard Availability Services’  Recovery Services and Sungard AS’ Cloud and Managed Services business’.

Updated 05/08/2019 – Sungard AS emerged from bankruptcy on 05/07/2019. The firm’s turnaround is described as the fastest pre-negotiated restructuring in US corporate history. The result is Sungard AS debtors having taken an $800 million haircut, the recovery service received $100 million of new liquidity from its creditors and a new CEO.

The firm’s new ownership and largest shareholders now include Angelo, Gordon & Co., LP; The Carlyle Group Global Credit; FS Investments and GSO Capital Partners LP.

However, the quick fix did not solve the problems that forced the firm into bankruptcy, as described below.

Data infrastructure and disaster recovery company Sungard Availability Services (AS) announced it was filing for bankruptcy on April 01, 2019. Sungard AS, which helped keep Wall Street running through 9/11, says its customers include 70 percent of Fortune 100 companies. It boasts 90 hardened IT facilities connected by a redundant, dedicated network backbone, along with 18 mobile facilities staged in strategic locations is saddled with hefty debt from its private equity backers.

Sungard ASIn addition to a huge debt load, the once high-flying Pennsylvania-based firm faces falling margins as it struggles with growing competition from cloud rivals amid a shift away from on-premises/co-location backup. These factors forced the firm to seek relief from the courts.

The Sungard AS Chapter 11 plan is expected to be filed in New York during May 2019. The bankruptcy plan reportedly includes a write-off $800 million of the company’s $1.25 billion debt. Chapter 11 protection is a part of the US Bankruptcy Code that allows a company to reorganize its assets while handing over the business operations of the company to its debtors.

Sungard AS locations

Under the Chapter 11 proposal, hedge fund creditors that specialize in turnarounds and liquidations, sometimes dubbed “vulture capitalists” — including Blackstone Group’s LP’s GSO debt investment unit, Angelo Gordon & Co., Carlisle Group, and Contrarian Capital Management — will take control of Sungard Availability.

The hedge fund will replace the buyout investors who bought the formerly publicly traded company for $11.4 billion in 2005. The original private equity sponsors include: — Bain Capital, Blackstone Group, Providence Equity Partners, KKR & Co., Silver Lake Management, and Texas Pacific Group (TPG) Capital.

Wall Street street signDespite claims that most creditors back the bankruptcy plan and that Sungard AS would emerge from the wreckage a stronger, more competitive business, the move rocked the industry. Hedge funds are not typically long-term investors causing alarm among SunGard AS employees about the company’s future. Employees fear the company will be asset-stripped and not survive, as hedge funds seek to recoup money lost on the debt haircut. Sungard AS insists that won’t happen. Sungard employs over 3,000 people according to its website.

Sungard AS’s data center model, “shared infrastructure,” of physical locations for backup IT systems, has become outdated as cloud-based infrastructure, led by Amazon Web Services, and Microsoft Azure have grown to dominate firms’ IT backup operations.

Andrew A. Stern, Chief Executive Officer, Sungard Availability Services said.

There’s no question the shift to cloud is part of what’s challenged us. But even before the cloud, by the late 2000s, “the approach the company had taken to disaster recovery really hadn’t changed in 20 years — and the world had moved on. … We had been slow in recognizing the business had to change.

Data center issuesSungard initially tried to meet rival remote-server “cloud”-based systems with its own “private cloud” solutions. But its large corporate clients by 2016 were migrating to the large, secure cloud systems maintained by Amazon, Microsoft, and other giant companies. CEO Stern added, “We suddenly found ourselves competing with much bigger environments at much greater scale.

Sungard couldn’t beat them, so it signed up as one of 130 Amazon-audited managed service partners, recruiting and customizing Amazon Web Services for corporate disaster-recovery customers, including, most recently, government agencies in England. Mr. Stern added, “But that change has taken time.

Philly.com summarizes Sungard’s history. Sungard’s lineage starts in the mainframe days. It started off as Sun Information Systems, founded in the 1970s as a backup for early data systems at oil and chemical plants run by the former Sun Oil Co. In the 1980s, founder John Ryan diversified the company, offering backup services to banks as they computerized deposit, loan, and investment records. In the tech boom of the late 1990s, publicly-traded SunGard Data Systems was worth more than Sun Oil’s parent company, Sunoco.

During this time SunGard Data acquired competing systems in the same market sector and let them continue competing for a time. In the late 1990s then-chief executive, Cristobal Conde began combining SunGard products into large groups focusing on recovery (Availability) and was using its profits to buy dozens of financial, government, and college software services across Europe and Asia, and North America.

The 2005 acquisition of SunGard Data by the buyout firms was one of the biggest deals of its kind before the 2008 financial crisis. In 2011 sales peaked at over $5 billion and employment topped 20,000.

Mainframe computerBut with its owners mostly concerned with pulling cash out of the company, it lost what its leaders admitted was a “tsunami” of corporate customer cancellations as the disaster-recovery market changed, and the company didn’t keep up. In 2011, SunGard Data sold its main college business to Virginia-based Ellucian for $1.75 billion.

In 2014 SunGard Data split in two. In 2015 the larger SunGard Data Systems Inc., with sales of $2.8 billion was sold for $5.1 billion to Florida-based Fidelity Information Services. As a standalone unit, Sungard AS struggled to gain profitability leading to the bankruptcy announcement.

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Indeed the Cloud has significantly changed disaster recovery in multiple ways.

The hyperscale cloud providers like AWS and Microsoft Azure have entered the market as both competitors and partners.

Cloud disaster recovery has changed the way disaster recovery services are delivered adding flexibility and remote working.

We have seen the same thing with the demise of KMart and Sears. Sungard was still reliant on brick-and-mortar DR services.

Let’s see how many Sungard AS customers will continue to invest the DR dollars into a company whose CEO admits they “hadn’t changed in 20 years” and is willing to write off almost a billion dollars.

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Is Toshiba Screwed?

Is Toshiba Screwed?The tortuous auction of  the covted Toshiba NAND chip fab has finally wrapped. 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 canceled 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 TechnologySeagate 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.

Besides 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 logoWestern Digital, one of the 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 chipmakers.

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

 

Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Avaya Goes Chapter 11

-Updated- 03-07-17 As predicted Avaya spun off its networking business. The lucky winner is Extreme. The presser from Extreme is here.

Avaya Goes Chapter 11In one of the worst-kept secrets in tech, Avaya has finally declared bankruptcy. The Santa Clara, CA-based communications company filed for chapter 11 protection on January 19th, 2017 in the U.S. Bankruptcy Court for the Southern District of New York. Reports are that Avaya faced an end of January deadline to reach agreements with creditors to address its $6.3 billion debt or potentially default.

Avaya logoThe company’s presser announcing the bankruptcy characterizes the decision to seek Chapter 11 as a necessary re-do on deals made a decade ago. The company was spun off from Lucent, a former AT&T unit, in 2000. Avaya went private in 2007 when private equity firms Silver Lake Partners and the Texas Pacific Group took over the firm for $8.2 billion. Avaya was set up as a leveraged buyout – loaded with debt. At the time the new owners said going private would help Avaya to accelerate product development. In 2009 Avaya scooped up the remnants of Nortel for $900m.

The Nortel acquisition added Ethernet switching and VoIP to Avaya’s portfolio. While the move added needed hardware to the Avaya portfolio the rest of the tech world started the shift towards software-as-a-service and the cloud. Avaya was not able to digest Nortel while taking on Cisco, Microsoft, and the cloud at the same time.

$6.3 billion debtAvaya was both late with VoIP and Unified Communications. Neither Microsoft nor Cisco were competitors in the TDM/PBX era. Cisco joined the race with VoIP and Microsoft then came along with Unified Communications. Both have tremendous enterprise penetration and brand recognition.

The pressure forced Avaya to consider selling its crown jewel, its contact center products to Genesys in 2016, in the hope it would raise some cash. When the deal with Genesys fell through, Avaya decided to file for bankruptcy. Avaya CEO Kevin Kennedy said in a statement, “…chapter 11 is the best path forward at this time.

In order to keep the lights on during the reorganization, the company has secured a $725 million loan underwritten by Citibank.

As part of its debt load, Avaya owes its pensioners $1.7 billion in unfunded pension liabilities. According to NoJitter Avaya will honor it obligations to maintain and continue the pension (as did GM in its reorganization).

Chapter 11 only impacts Avaya’s United States operations. In the rest of the world, the company is moving to assure customers and stakeholders that it’s business as usual.

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My experience is that the Avaya IP Office product is way over-priced, even in a bid environment. Why would anyone buy an Avaya Ethernet switch or access point when you can get a Cisco or an HP?

So what is to become of Avaya? One likely outcome is that all of the business units will be sold off to satisfy the creditors. The only thing left of Avaya will be a service organization to care for the huge installed base of orphaned Nortel and Avaya systems.

I know people are already getting calls from Cisco about replacing Avaya.

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Another Cloud Goes Bust

Another Cloud Goes BustOn April Fools day, another cloud provider closed down without any warning. FierceBigData reports that OpenStack cloud vendor Nebula ceased operations on April 01, 2015 without ever a heads-up.

shut-down operations without ever a heads-upThe firm, founded in 2011 by former NASA CTO, Chris Kemp, appeared to have it under control. According to CSC, they seemed to have customers for its Nebula Cloud Controller, an appliance that integrated up to forty x86 white-box servers into a turnkey OpenStack cloud. Customers of Nebula have included Lockheed Martin, Shutterfly, Sandia National Laboratories, and Genentech.

The company also had a fat war-chest of almost $40 million from top-tier VCs. Silicon Angle reports that Nebula managed to burn $38.5 million in venture capital prior to its closure, from investors including Webb Investment Network, Comcast Ventures, Scott McNealy, William Hearts II, Kleiner Perkins Caufield & Byers, Highland Capital Partners, and others.

Despite its well-stocked war-chest, customer support ended immediately. The defunct company told its former customers to turn to “OpenStack products from vendors including Red HatIBM (IBM), HP (HPQ) and others.”

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burned $38.5 million in venture capital prior to its closureThe stability of cloud providers is really questionable. I have covered other cloud provider implosions; MegaCloud, Nirvanix, and Code Spaces.

In the end, it is as simple as the author says the moral of the story is “that you should look very carefully at your partners … you must be able to count on your system integrator, value-added reseller, whoever, to be there when you need them. 

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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.

Fate of the American Car Industry

Fate of the American Car IndustryNow that everyone is an expert on Detroit. They are focused on what is happening in Motown. Here is an infographic from BizBrain that traces the fate of the Motor City‘s namesake car industry.

Auto industry infographic
Source: The Life and Death (and Life) of the U.S. Auto Industry

What do you think?

  • Will the Detroit three continue to thrive?
  • What will Detroit look like if it emerges from bankruptcy?
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Ralph Bach has been in IT long enough to know better and has blogged from his Bach Seat about IT, careers, and anything else that catches his attention since 2005. You can follow him on LinkedInFacebook, and Twitter. Email the Bach Seat here.