By Tom Hals and Ben Klayman
Dec 6 (Reuters) - A123 Systems Inc, a bankrupt maker of
batteries for electric cars, was expected to kick off its
politically sensitive auction on Thursday pitting a U.S. bidder
against at least three foreign rivals for a company that was
partly funded with U.S. government money.
Johnson Controls Inc of Milwaukee and Wanxiang Group Corp of
China have both said they qualified to bid for A123, which makes
lithium-ion batteries.
NEC Corp of Japan and Siemens AG of Germany also qualified
to bid, according to two people familiar with the auction who
asked not to be identified.
NEC and A123 declined to comment and Siemens did not respond
to a request for comment.
In addition to the four primary bidders, other parties were
eyeing smaller pieces of A123, according to the sources.
The auction was being held behind closed doors in the
Chicago law offices of Latham & Watkins, but had not started at
10 a.m. (1600 GMT) as planned, according to the people familiar
with the sale.
The start was delayed as parties reviewed contracts and
other details. "It's not like we're bidding on gas stations,"
said a person familiar with the auction.
The auction could run into next week, according to Bojan
Guzina, a Sidley Austin attorney who represents Wanxiang.
Wanxiang may face added political risks with its bid.
U.S. politicians have warned that A123 and its U.S.
taxpayer-financed technology must not fall into the hands of a
Chinese company. If Wanxiang or another foreign buyer wins the
auction, it would likely need approval from the Committee on
Foreign Investment in the United States to complete the deal.
The U.S. government has also warned it must give its consent
before its $249 million grant to A123 can be transferred to a
new owner. The battery maker can still draw $120 million under
various government grants, according to court records.
A123, whose customers include Fisker Automotive, General
Motors Co, BMW and the U.S. military, received the U.S.
government grant as part of a program to promote clean energy.
Wanxiang has had its eyes on A123 for a while. The Chinese
company struck a $465 million investment deal meant to save A123
from bankruptcy earlier this year. That agreement fell apart
after A123 failed to meet certain criteria, according to court
documents.
The Chinese company is no stranger to investing in the
United States.
Wanxiang generates about $1 billion in revenue in the United
States by supplying parts to GM and Ford Motor Co and has bought
or invested in more than 20 U.S. companies, many of them in
bankruptcy, according to a Congressional report.
Those past investments could help Wanxiang get approval to
buy A123, but the deal will be closely scrutinized because it
involves advanced technology, according to Andrew Szamosszegi,
who wrote the report for the U.S.-China Economic and Security
Review Commission.
A123 filed for Chapter 11 bankruptcy protection in October
with an initial bid for its automotive battery business from
Johnson Controls for $125 million, subject to higher bids at the
auction.
The money from the auction will go toward paying off A123's
creditors. The company listed liabilities of $376 million when
it filed for bankruptcy.
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