United States: BMC Software Acquires Peregrine Remedy
Last Updated: November 7 2002

Issued on September 25, 2002

BMC Software Inc. has agreed to purchase the assets of Peregrine Remedy, Inc. as part of the September 22 Chapter 11 bankruptcy filing of Peregrine Systems, Inc. and Peregrine Remedy, Inc. for $350 million cash bid. BMC will also provide up to $110 million of debtor-in-possession financing for Peregrine, pending consummation of the acquisition. The acquisition and DIP financing must still receive the approval of the U.S. Bankruptcy Court.

BMC is a Houston-based software company that designs system management and data management programs for large corporations. By acquiring the Mountain View, Cal.-based Remedy Corp., BMC gets new customer service and help desk software programs.

BMC Software was represented by its Senior Vice President and General Counsel, Robert Whilden and Senior Counsel, Chris Chaffin and Ken Sidelinger, and a team of lawyers from Vinson & Elkins, including: Jeffery Floyd, a partner in Corporate Finance and Securities; Bill Wallander, a partner in Insolvency and Reorganization; Jim Markus, a partner in Business and International; Steve Borgman in Intellectual Property and Technical Litigation; Doug McWilliams Sr., an associate in Corporate Finance and Securities; and Matt Strock, an associate in Corporate Finance and Securities.

Peregrine was represented by Peregrine General Counsel Kathy Vizas as well as Sarah O'Dowd, James Olson and Alan Jacobs of Heller Ehrman firm.

Vinson & Elkins

Vinson & Elkins was established in 1917 and is one of the largest international law firms. The firm has more than 840 lawyers practicing in Austin, Beijing, Dallas, Houston, London, Moscow, New York, Singapore, and Washington, D.C. The firm offers a wide range of legal services. Clients include public and private companies, financial institutions, municipalities, governments of sovereign nations, entrepreneurs, families, and individuals.

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