Status:  Possibly Withdrawn

Acquirer:  Capgemini America, Inc. (France)

Acquired:  Ciber, Inc. (U.S.)

Value:  Approx. US$50 million

Industry:  Technology Services

Because HTC Global Ventures, LLC was the winning bidder for Ciber, Inc. , (see CRN, HTC Global Outbids Capgemini With Surprise $93M Offer For Ciber, May 19, 2017), the stalking horse Asset Purchase Agreement with Capgemini America, Inc., a technology consulting and outsourcing firm, is likely terminated.  (See Asset Purchase Agreement, Ciber Form 8-K, Ex-2.1, Apr. 10, 2017, SEC Filing.)  Under that stalking horse Asset Purchase Agreement with Capgemini, the parties were to file a draft CFIUS Notification by April 25, 2017, however, it is unclear whether any filing was made or withdrawn as a result of this stalking horse Asset Purchase Agreement.  (See id., § 5.8(e).)  For coverage of the CFIUS filing relating to the Asset Purchase Agreement between Ciber, Inc., and HTC Glboal Ventures, LLC, see our post here.

Posted April 11, 2017

Status: Upcoming/New Filing

On April 9, 2017, Ciber, Inc. and its subsidiaries, companies that provide a broad range of IT services and solutions, filed voluntary petitions seeking relief under Chapter 11 of the United States Bankruptcy Code.  (See Ciber Form 8-K, Apr. 10, 2017, SEC Filing.)  On April 10, 2017, Ciber entered into a “stalking horse” Asset Purchase Agreement with Capgemini America, Inc., a technology consulting and outsourcing firm, pursuant to which the Capgemini agreed to purchase substantially all of the assets of the Ciber in North America and India.  (See id.; Asset Purchase Agreement, Ciber Form 8-K, Ex-2.1, Apr. 10, 2017, SEC Filing.) According to the April 10 executed Asset Purchase Agreement, the parties are to submit a draft notification to CFIUS within 15 days business days of execution.  (See Section 8.5(e), Asset Purchase Agreement, Ciber Form 8-K, Ex-2.1, Apr. 10, 2017, SEC Filing.)