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Business

David Ellison's Paramount wants its WBD merger challengers to put up nearly $1.9 billion

Business Insider ·
David Ellison's Paramount wants its WBD merger challengers to put up nearly $1.9 billion

Paramount Skydance CEO David Ellison wants California Attorney General Rob Bonta's state and its counterparts to post a bond to cover the merger delay costs.

Angela Weiss/AFP via Getty Images; Mel Melcon / Los Angeles Times via Getty Images Paramount Skydance wants the states and writers suing to stop its WBD deal to post a nearly $1.9 billion bond.

David Ellison's company will owe about $7 million per day that the deal doesn't close, starting October 1.

An entertainment lawyer said it's "very unlikely" that a judge will agree with Paramount's argument.

David Ellison wants those challenging his Warner Bros.

Discovery deal — including California and 11 other states — to be prepared to pay nearly $1.9 billion if they lose their lawsuit.

Paramount Skydance's $110 billion WBD acquisition is on pause after lawsuits from 12 states and the Writers Guild of America, which argued the deal is anticompetitive .

A federal judge said the plaintiffs "raised serious questions" in their lawsuit and set a trial date for early March.

Ellison's company now wants the judge to order its legal opponents to post a $1.88 billion bond that Paramount would receive if it eventually prevails in court.

Paramount has agreed to pay WBD shareholders a "ticking fee" of nearly $7 million per day that its deal isn't closed, starting October 1.

By the time the trial concludes, Paramount would owe $1.3 billion in ticking fees that would be "unrecoverable," the company said on Monday, adding that it's also missing out on "significant additional cost savings" by not closing the WBD deal now.

Corey Martin, an M&A lawyer who's head of the entertainment finance practice at Los Angeles-based firm Granderson Des Rochers, said it was "very unlikely" that Paramount would convince the judge that the plaintiffs should be on the hook for the ticking fees.

The judge can decide whether the plaintiffs need to post a bond and, if so, in what amount.

"I would be surprised if they could apply the proceeds of any bond toward the ticking fee," Martin said.

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