Upcoming/New CFIUS Filing: Capgemini America, Inc. and Ciber, Inc.
Status: Upcoming/New Filing
Acquirer: Capgemini America, Inc. (France)
Acquired: Ciber, Inc. (U.S.)
Value: Approx. US$50 million
Industry: Information Technology
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.)