WALLDORF, Germany and SUNNYVALE,
Calif., July 3, 2012
/PRNewswire/ -- SAP AG (NYSE: SAP) and Ariba, Inc. (Nasdaq:
ARBA) today announced that they are responding to a second request
for information from the U.S. Department of Justice regarding SAP's
pending acquisition of Ariba. The second request is part of the
regulatory approval process under the Hart-Scott-Rodino Anti-Trust
Improvements Act. SAP and Ariba intend to continue to work with the
Department of Justice and, upon the conclusion of the waiting
period following compliance with the request, anticipate completion
of the transaction in the fourth quarter 2012 calendar year.
(Logo:
http://photos.prnewswire.com/prnh/20110126/AQ34470LOGO)
About Ariba, Inc.
Ariba, Inc. is the world's business commerce network. Ariba
combines industry-leading cloud-based applications with the world's
largest web-based trading community to help companies discover and
collaborate with a global network of partners. Using the Ariba®
Network, businesses of all sizes can connect to their trading
partners anywhere, at any time from any application or device to
buy, sell and manage their cash more efficiently and effectively
than ever before. Companies around the world use the Ariba Network
to simplify inter-enterprise commerce and enhance the results that
they deliver. Join them at: www.ariba.com
About SAP
As market leader in enterprise application software, SAP (NYSE:
SAP) helps companies of all sizes and industries run better. From
back office to boardroom, warehouse to storefront, desktop to
mobile device – SAP empowers people and organizations to work
together more efficiently and use business insight more effectively
to stay ahead of the competition. SAP applications and services
enable more than 190,000 customers (includes customers from the
acquisition of SuccessFactors) to operate profitably, adapt
continuously, and grow sustainably. For more information, visit
www.sap.com.
Cautionary Statement Regarding Forward-Looking Statements
Any statements contained in this document that are not
historical facts are forward-looking statements as defined in
Section 27A of the Securities Act of 1933 and Section 21E
of the Securities Exchange Act of 1934. Words such as "anticipate,"
"believe," "estimate," "expect," "forecast," "intend," "may,"
"plan," "project," "predict," "should" and "will" and similar
expressions are intended to identify such forward-looking
statements. Forward-looking statements in this press release
include the statement concerning the parties' ability to complete
the transaction and the expected closing date of the transaction.
All forward-looking statements are subject to various risks and
uncertainties that could cause actual results to differ materially
from expectations. These potential risks and uncertainties include,
among others, uncertainties as to the timing of the acquisition;
the satisfaction of closing conditions, including the receipt of
Ariba stockholder approval and regulatory approvals; the failure to
retain key Ariba employees, contracts or benefits; the failure to
achieve expected synergies and other benefits; customer and partner
uncertainty regarding the anticipated benefits of the transaction;
whether certain industry segments will grow as anticipated; the
competitive environment among participants in cloud technologies;
and other risks detailed in SAP's and Ariba's filings with the U.S.
Securities and Exchange Commission ("SEC"), including SAP's most
recent Annual Report on Form 20-F and Ariba's most recent Annual
Report on Form 10-K and quarterly report on Form 10-Q filed with
the SEC. Readers are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of their dates. SAP
undertakes no obligation to publicly update or revise any
forward-looking statements.
Additional Information about the Merger and Where to Find It
In connection with the proposed merger, Ariba has filed a
preliminary proxy statement with the Securities and Exchange
Commission (the "SEC"). The definitive proxy statement will be sent
or given to the stockholders of Ariba and will contain
important information about the proposed merger and related
matters. Ariba's stockholders are urged to read the definitive
proxy statement carefully when it becomes available before making
any voting or investment decision with respect to the proposed
merger because they will contain important information about the
merger and the parties to the merger. Additionally, Ariba and SAP
will file other relevant materials in connection with the proposed
acquisition of Ariba by SAP pursuant to the terms of an Agreement
and Plan of Merger by and among, SAP America, Angel Expansion
Corporation, a wholly owned subsidiary of SAP America, and Ariba.
SAP, Ariba and their respective directors, executive officers
and other members of their management and employees, under SEC
rules, may be deemed to be participants in the solicitation of
proxies of Ariba stockholders in connection with the proposed
merger. Investors and security holders may obtain more detailed
information regarding the names, affiliations and interests of
certain of SAP's executive officers and directors in the
solicitation by reading SAP's most recent Annual Report on Form
20-F, and the proxy statement and other relevant materials filed
with the SEC when they become available. Information concerning the
interests of Ariba's participants in the solicitation, which
may, in some cases, be different than those of Ariba's
stockholders generally, will be set forth in the definitive proxy
statement relating to the merger when it becomes available.
The materials to be filed by SAP and Ariba with the SEC may be
obtained free of charge at the SEC's web site at www.sec.gov. In
addition, security holders will be able to obtain free copies of
the definitive proxy statement from Ariba by contacting Ariba
Investor Relations by email at investorinfo@ariba.com or by
telephone at +1 (678) 336-2980.
© 2012 SAP AG. All rights reserved.
SAP, R/3, SAP NetWeaver, Duet, PartnerEdge, ByDesign, SAP
BusinessObjects Explorer, StreamWork, SAP HANA, and other SAP
products and services mentioned herein as well as their respective
logos are trademarks or registered trademarks of SAP AG in
Germany and other countries.
Business Objects and the Business Objects logo, BusinessObjects,
Crystal Reports, Crystal Decisions, Web Intelligence, Xcelsius, and
other Business Objects products and services mentioned herein as
well as their respective logos are trademarks or registered
trademarks of Business Objects Software Ltd. Business Objects is an
SAP company.Sybase and Adaptive Server, iAnywhere, Sybase 365, SQL
Anywhere, and other Sybase products and services mentioned herein
as well as their respective logos are trademarks or registered
trademarks of Sybase, Inc. Sybase is an SAP company. Crossgate,
m@gic EDDY, B2B 360 degrees, and B2B 360 degrees Services are
registered trademarks of Crossgate AG in Germany and other countries. Crossgate is an
SAP company. SuccessFactors, Execution is the Difference, BizX
Mobile Touchbase, It's time to love work again, Jam and BadAss SaaS
are trademarks or registered trademarks of SuccessFactors Inc. in
the United States and other
countries. SuccessFactors is an SAP company. All other product and
service names mentioned are the trademarks of their respective
companies.
For customers interested in learning more about SAP
products:
Global Customer Center: +49 180 534-34-24
United States Only: 1 (800) 872-1SAP (1-800-872-1727)
For more information, press only:
Christoph Liedtke, SAP, +49 (6227)
7-50383, christoph.liedtke@sap.com, CET
Jim Dever, SAP, +1 (610) 661-2161,
james.dever@sap.com, EDT
SAP Press Office, +49 (6227) 7-46315, CET; +1 (610) 661-3200, EDT,
press@sap.com
Karen Master, Ariba, +1 (412)
297-8177, kmaster@ariba.com, EDT
For more information, financial community only:
Stefan Gruber, SAP, +49 (6227)
7-44872, investor@sap.com, CET
John Duncan, Ariba, +1 (678)
336-2980, jduncan@ariba.com, EDT
SOURCE SAP AG