Aug 7 (Reuters) - Walt Disney ( DIS ) said on Wednesday
it may have to pay up to $5 billion more to buy Comcast's ( CMCSA )
minority stake in Hulu, if an appraiser were to agree
with Comcast's ( CMCSA ) assessment that the stake should be valued at
more than $40 billion.
Earlier this year, Disney ( DIS ) and Comcast ( CMCSA ) hired investment bank
RBC Capital as the independent appraiser to resolve a dispute
over how to value the 33% stake in the streaming platform,
according to people familiar with the matter.
Reuters was first to report in May that Disney ( DIS ) and Comcast ( CMCSA )
were seeking to hire an independent adviser.
The two sides have entered into arbitration proceedings to
resolve the dispute and a final decision is expected in fiscal
2025.
Disney ( DIS ) and Comcast ( CMCSA ) signed an agreement for Hulu in 2019 with
an option strike date of January 2024, after Disney's ( DIS ) $71
billion takeover of Fox's assets, including its minority stake
in Hulu.
The deal gave Disney ( DIS ) majority control over Hulu as it
already owned a 33% stake. Comcast ( CMCSA ) retained its stake at the
time believing that its value would rise significantly by 2024.
In November last year, Disney ( DIS ) agreed to take control of Hulu
and pay Comcast ( CMCSA ) at least $8.6 billion for the remaining 33%
stake, after Comcast ( CMCSA ) triggered the deal as part of the 2019
agreement.
Disney ( DIS ) said on Wednesday if the independent adviser's
valuation is equal to or below the guaranteed floor value of
$27.5 billion, it would not have to pay Comcast ( CMCSA ) anything more
than the $8.6 billion that it paid out last year.
If RBC's appraisal is in line with Comcast's ( CMCSA ) evaluation,
Disney ( DIS ) will have to pay Comcast ( CMCSA ) $5 billion more. If it falls
between the earlier evaluations by both sides, Disney ( DIS ) would have
to pay anywhere between $0 and about $5 billion.
JPMorgan ( JPM ), Disney's ( DIS ) adviser on this deal, valued Hulu at less
than $27.5 billion, which is the floor valuation that the
companies had set in their 2019 "put-call" agreement.
Morgan Stanley ( MS ), which is Comcast's ( CMCSA ) adviser, valued Hulu at
$40.8 billion.
In regulatory filings last year, Disney ( DIS ) and Comcast ( CMCSA ) had said
if the valuation reached by their banks were within 10% of each
other, a deal will take place at a valuation that is the average
of the two appraisals.
Since that was more than 10% apart, Comcast ( CMCSA ) and Disney ( DIS )
picked RBC to carry out an independent appraisal.
(Reporting by Anirban Sen in New York and Aditya Soni in
Bengaluru; Editing by Arun Koyyur)