Tyson Tops Smithfield in Fight for IBP --- Cash, Stock Deal May Form Biggest Meat Processor; $3.2 Billion Is Final Bid
By Nikhil Deogun
Staff Reporter of The Wall Street Journal

01/02/2001
The Wall Street Journal
A3
(Copyright (c) 2001, Dow Jones & Company, Inc.)

Poultry giant Tyson Foods Inc., moving to end a food fight over IBP Inc. by substantially sweetening its bid, said it clinched a deal to acquire the nation's largest meat packer for nearly $3.2 billion in cash and stock, or $30 a share.

The deal capped a marathon New Year's Eve bidding war that pitted Tyson against pork processor Smithfield Foods Inc., a rival suitor for IBP. Both suitors raised their bids over the weekend, with Smithfield willing to pay as much $32 a share for IBP. But Smithfield faced several months of antitrust scrutiny and had offered all stock and no cash, which meant its $32-a-share bid would be much lower if Smithfield stock declined.

As a result, a special committee of IBP's board agreed to accept Tyson's proposal, which is half-cash and half-stock and faces a greater certainty of closing. Tyson, which had originally offered $26 a share, will also assume about $1.5 billion in IBP debt.

For Tyson, buying IBP will be a transforming deal, allowing it to expand outside chicken products and likely making it the nation's largest meat company, with $23 billion in annual sales. IBP is the nation's No. 1 beef processor and No. 2 pork processor. Tyson has long desired to dominate what it considers the "center of the plate." A deal with IBP would allow Tyson to control much more of the meat sold through grocery stores and food-service establishments, giving it additional clout with behemoth retailers.

In an interview, John Tyson, chairman and chief executive, said that people could "debate" the higher price, but once they realize that "this is a unique opportunity, a once-in-a-lifetime opportunity, they might value things differently." Besides, he added, the transaction is expected to add to earnings per share by 15% in the first full year even at the higher price.

Some analysts have viewed IBP as an important deal for Tyson, which revolutionized the chicken industry during the 1980s, making chicken the No. 1 meat in the U.S. Tyson was a pioneer in taking apart broiler birds and selling the individual parts, such as breasts, that consumers wanted. It also made a name for itself by contracting with farmers to raise chickens to certain specifications so it could sell a uniform and consistent product.

But chicken consumption is not growing at the rate it once did. Mr. Tyson said he believes the company can use a similar model for other meats, branding beef and pork in the same way it branded chicken and offering convenience and ready-to-cook meats.

Tyson isn't alone in pursuing this formula. IBP was already starting to offer branded products, and Smithfield is considered a leader in the pork industry for its marketing of branded pork products.

"We believe that our offer was a full and fair price for the company," said Smithfield Chairman and Chief Executive Joseph W. Luter III in a statement. "With our track record of successfully integrating acquisitions and creating shareholder value, we believed then -- as we believe now -- that our proposal was the best proposal for IBP shareholders. We are confident that over the next 12 months and beyond, the IBP shareholders will, in hindsight, conclude that our offer would have created superior value," he added.

Smithfield, based in Smithfield, Va., will end up with a consolation prize of its own, since it acquired 6.96 million shares of IBP, or 6.6% of IBP's shares outstanding, when IBP stock was trading in the mid-teens. As a result, Smithfield now stands to make a profit of about $95 million, according to a person familiar with the matter.

At 4 p.m. Friday in composite trading on the New York Stock Exchange, shares of IBP, based in Dakota Dunes, S.D., rose 81 cents to $26.75, while Tyson's Class A shares were unchanged at $12.75. Smithfield slipped 45 cents to $30.40 a share.

A sale to Tyson will mark the end of a strange takeover saga that started three months ago when IBP's board accepted a $22.25-a-share buyout bid from management and Donaldson, Lufkin & Jenrette Inc., IBP's longtime investment banker. The offer was widely criticized as being a sweetheart deal and was topped six weeks later with an unsolicited bid from Smithfield that valued the larger IBP at $25 a share in stock. Tyson, based in Springdale, Ark., joined the fray one month ago with $26-a-share bid in cash and stock, which it sweetened to $27 on Thursday. By Friday, Smithfield had offered $30 a share in stock, and Tyson had sweetened its proposal again to $28.50 a share in cash and stock. At that point, it appeared that Tyson had a deal sewn up, but Smithfield upped the ante on Sunday, offering $32 a share.

That forced Tyson to sweeten its bid one last time, to $30 a share in cash and stock. The stock portion of Tyson's bid is subject to a maximum exchange ratio of 2.381 of its class A shares for each IBP share and a minimum exchange ratio of 1.948 shares if Tyson's average trading price for an agreed-to period of time is outside the range, or "collar," of $12.60 to $15.40.

IBP shareholders, who were upset at the management-buyout bid, will likely be delighted with the Tyson offer, which is nearly 35% higher than what the financial consortium had offered. That said, the consortium, led by DLJ, nevertheless stands to make a pretty penny now that its transaction with IBP has been terminated. Under terms of its original agreement, DLJ, which is now owned by Credit Suisse Group's Credit Suisse First Boston unit, will collect a breakup fee of $59 million, plus expenses.

The deal is expected to face scrutiny from the Justice Department. Last week, Tyson said it received a second request by the agency in response to the company's antitrust filing. Nevertheless, Tyson has expressed confidence in the deal's approval and expects it to close in the first quarter. Tyson has assured IBP's board that it will satisfy regulatory concerns and has offered to pay IBP a $70 million breakup fee if it can't close a deal because of antitrust obstacles. Should IBP walk away from the deal, Tyson will be entitled to a much smaller breakup fee of $15 million.

Tyson said it received fairness opinions from Merrill Lynch & Co. and Stephens Inc. IBP was advised by J.P. Morgan & Co. and Peter J. Solomon Co.

--- Meat Market

Tyson gobbles up IBP for $3.2 billion in cash and stock, plus the
assumption of $1.5 billion in debt.

Tyson

-- Headquarters: Springdale, Ark.
-- CEO: John Tyson
-- FY 2000 sales: $7.16 billion
-- FY 2000 profit: $151.0 million
-- Employees: 65,000
-- Business: Fully integrated producer, processor and marketer of
chicken and chicken-based convenience food

IBP

-- Headquarters: Dakota Dunes, S.D.
-- CEO: Robert L. Peterson
-- FY 1999 sales: $14.08 billion
-- FY 1999 profit: $313.3 million
-- Employees: 49,000
-- Business: Producer of fresh beef, processed beef and pork products

Note: Fiscal year ended for Tyson Sept. 30 and IBP Dec. 25

Source: The companies




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