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Next Level Dealt Court Setback

Published by: mike 2009-01-09

Court Rejects Fuel Standards on Trucks - New York Times::
to the United States Supreme Court, represents a major setback for both the auto to rise about one mile a gallon a year for the next few years.
http://www.nytimes.com/2007/11/16/business/16fuel.html?ei=00-79c+mXtxkSKqy/+TdsiRNA
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A Delaware court has denied a request by Next Level Communications to block a tender offer from Motorola's.

Federal regulators appeal Whole Foods ruling - Food Inc. - MSNBC.com::
s acquisition of baby food maker Beech-Nut and lost at the district court level. in 2001 and granted an injunction halting the deal, Balto said.
http://www.msnbc.msn.com/id/20304769/
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Next Level claimed Motorola had not given shareholders all the information they needed to vote on the $30 million buyout bid. But the court disagreed, concluding that "Motorola has fully and adequately disclosed all material information and that its tender offer is not inequitably coercive."

DelcoTimes - Lights out in Springfield: Court shoots down controversial ::
and Springfield School District suffered a setback Tuesday, as Commonwealth Court reversed the Common Pleas Court If you live next to a school you
http://www.zwire.com/site/news.cfm?newsid=17876866&BRD=167G=461&dept_id=18171&rfi=6
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EU Court overturns Schneider veto - Telegraph::
Competition Commissioner Mario Monti was dealt a second blow in four months with Clifford Chance, said: On a political level, this is a major setback.
http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2002/10/23/cnecj23.xml
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Next Level, a Rohnert Park, Calif., maker of broadband telecommunications equipment plans an appeal.

The company again urged shareholders to reject the offer from Schaumburg, Ill.-based Motorola, which already owns 74 percent of the company. Next Level executives say the bid fails to recognize the company's potential. The offer deadline in March 4.

For its part, the mobile phone giant said the decision "demonstrates that Next Level's efforts to block the stockholders consideration of the tender offer are without merit."

Motorola acquired its Next Level stake by buying General Instrument Corp. in January 2000. At the time, Motorola was making acquisitions (as well as significant venture capital investments) to expand its presence and profits beyond handsets.

Since then, however, the telecom equipment market has been tripped by the economy. Carriers and communications providers have canceled or delayed orders, resulting in the failure of dozens of companies. Given this backdrop, Motorola provided Next Level with about $175 million in direct financing for operations and $30 million in guarantees.

But despite recently announced deals, and narrower losses in Next Level's most recent quarter, Motorola worried that the firm's stock price, which has languished below the market-required $1 per share mark in recent months, would cause potential customers to choose larger vendors.


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