ICE makes a deal for te exercise rights that CBOT members hold.
ntercontinentalExchange Inc. said Wednesday it
reached a deal that in effect sweetens the Atlanta
energy exchange operator's bid to buy the Chicago
Board of Trade, putting more pressure on rival
bidder, the Chicago Mercantile Exchange.
The agreement involves the Chicago Board Options
Exchange - long affiliated with CBOT - and would
give Board of Trade members more cash if the
ICE-CBOT deal goes through.
Analysts said the move gives ICE a better chance of
outmaneuvering the Chicago Mercantile Exchange
(nyse: CME - news - people )'s parent company for
an acquisition that once seemed all but assured to
go to the Merc.
ICE and the options exchange said they would pay
CBOT members who own CBOE exercise rights $500,000
in cash or securities for each right. The move,
which could cost up to $665.5 million, places a
value on rights that are at the center of a legal
dispute between CBOT and CBOE members over
ownership of the options exchange. ICE and CBOE
would each foot half the bill.
The offer is contingent on ICE's acquiring CBOT
Holdings Inc., the parent company of the Board of
Trade. ICE is bidding against Chicago Mercantile
Exchange Holdings Inc. to buy the country's oldest
futures exchange.
Last week the Chicago Merc, which operates the
country's largest futures exchange, boosted its bid
16 percent, gaining approval from the CBOT board,
which deemed the offer superior to ICE's.
But some Board of Trade members expressed
displeasure that the Merc's bid remains below the
one from ICE, leaving the outcome unclear.
Shareholders, a majority of them BOT members, are
scheduled to vote on the deal July 9.
Analyst Christopher Allen of Bank of America (nyse:
BAC - news - people ) Securities said the deal
increases the probability that ICE could prevail in
the bidding.
Rob Rutschow of Deutsche Bank (nyse: DB - news -
people ) agreed, although he doesn't think it is
enough to tip the scales for ICE.
"We still continue to believe that if CME gets
Department of Justice approval, that it will be the
eventual winner in the CBOT bidding," he wrote in a
note to investors. "However, ICE is making all of
the right moves to try to win the bid, and we view
this as a very smart maneuver on ICE's part to help
shore up its support among its toughest constituency."
ICE, an upstart that last year bought the New York
Board of Trade, started the duel by making an
unsolicited bid that was higher than Chicago Merc's
initial offer.
CBOE was formed by CBOT members three decades ago,
but the two have been in a legal dispute over how
much of CBOE is owned by CBOT. The proposed deal
would end that legal battle by paying CBOT members
holding the exercise rights either cash or equity
in CBOE.
CBOE is making the deal because it would allow the
options exchange to convert into a holding company.
The deal also includes an agreement between ICE and
CBOE on technology and product development.
Shares in CBOT Holdings rose $4, or 2.1 percent, to
$196.97 in morning trading. ICE shares declined 12
cents to $147.63, while CME fell $3.92 to $522.10.