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February 25, 2008

Wachovia sues to get out of Clear Channel deal

Wachovia Corp. has sued Providence Equity Partners to get out of providing financing for the Providence-based buyout firm’s revised $1.1 billion purchase of television stations from Clear Channel Communications Inc.

Wachovia, the fourth-largest U.S. bank, said Providence officials changed the terms of the accord without consent from the Charlotte, North Carolina-based bank and voided the agreement, according to a lawsuit filed in state court in North Carolina Friday.

Providence and two of its investment banks, Goldman Sachs Group Inc. and UBS AG, agreed over the weekend to drop the price from $1.2 billion for the Clear Channel unit, a person briefed on the negotiations said.

The bank “is no longer obliged to provide any financing contemplated” for the acquisition, Wachovia’s lawyers said in the 15-page complaint against Providence and its Newport Television LLC unit.

-- Bloomberg News

San Antonio-based Clear Channel, the largest U.S. broadcaster, has been in talks with Providence about changing the terms of the sale of the 56 TV stations, located in cities such as Memphis, Tennessee, and Syracuse, New York.

Julie Fisher, a spokeswoman for Providence Equity Partners, wasn’t immediately available for comment.

“Providence told us it had renegotiated key terms of its deal with Clear Channel but then demanded that the lenders be held to the terms of the deal it had rejected,” Wachovia spokeswoman Christy Phillips-Brown said today in an interview.

“Our efforts to resolve the issue were unsuccessful and we felt it was in the best interest of our shareholders to ask a court to confirm that the prior commitment is no longer in effect,” she said.

Wachovia fell 39 cents, or 1.1 percent, to $33.94 at 10:13 a.m. in New York Stock Exchange composite trading. Clear Channel fell $1.24, or 3.8 percent, to 31.14 on the NYSE.

The case is Wachovia Bank v. Newport Television LLC, 08-CVS- 4056, Superior Court of North Carolina (Charlotte).

Posted by Mike McKinney  at 1:11 PM | Permalink

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