Fenwick Represents Actuate in its Definitive Agreement to be Acquired by OpenText for Approximately $330M

Fenwick & West represented Actuate Corporation (NASDAQ:BIRT), a leader in personalized business analytics and insights, in its recently announced definitive agreement to be acquired by OpenText Corporation (NASDAQ:OTEX) (TSC:OTC), a global leader in Enterprise Information Management (EIM), for approximately $330 million. Under the terms of the agreement, which has been approved by the boards of directors of both companies, a newly formed, wholly-owned subsidiary of OpenText will commence a tender offer for all outstanding shares of Actuate. The transaction is expected to close in the first quarter of 2015.

The Fenwick transaction team included corporate attorneys Doug Cogen, Ken Myers, Niki Fang, Liza Kostinskaya, Jennifer Kwong, Tim Lee and Shen Zhang; executive compensation and employee benefits attorneys Scott Spector, Adriana Sherwood and Laura McIntyre; technology transactions attorneys Stephen Gillespie, Ethan Lee and Andre Krammer; antitrust attorney Mark Ostrau; patent attorneys David Hayes and Earl Mah and tax attorneys Michael Solomon and Ariel Love.


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