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UPDATE 2-Bharti-MTN deal hangs in balance as deadline nears

Published 09/29/2009, 11:36 AM
Updated 09/29/2009, 11:39 AM

* Bharti says no statement on MTN talks Tuesday

* Sources: outcome unclear, might be extended or abandoned

* India finmin says govt looking positively at the deal

(Recasts; updates with Bharti saying no statement Tuesday)

NEW DELHI, Sept 29 (Reuters) - With the deadline for a deal just a day away, Indian telecoms group Bharti Airtel scotched talk it would make a statement about its $24 billion tie-up talks with South African mobile firm MTN.

The exclusive negotiations, which are facing increasing scrutiny from politicians and regulators, were originally due to end on July 31, but have been extended twice, and another extension is one of the two most likely outcomes, three sources and an analyst said.

For an assessment of the possible outcomes click

Earlier on Tuesday, a source had said Bharti would issue a statement on the outcome of the talks. Bharti Airtel later said no statement would be issued on Tuesday.

Three sources with knowledge of the deal said the firms could either extend exclusive talks for a third time or might call off the deal if some terms were not accepted by the South African government, while an analyst said he expected another extension.

"I expect it to be extended for another month. The South African government is very keen to go ahead," said R.K. Gupta, managing director at Taurus Asset Management in New Delhi.

The deal would appear to be in the hands of the South African government, one of the sources said, adding the outcome was not clear.

The South African government is eager to retain MTN's national character and has approached Indian authorities for a dual listing of the combined firm, which is not currently allowed under Indian laws and needs changes such as making the rupee fully convertible.

TAKEOVER RULES

Also, India's capital markets regulator last week altered the country's takeover rules, requiring a company that acquires 15 percent of an Indian firm through American depositary receipts (ADRs) or Global Depositary Receipts (GDRs) with voting rights to make a mandatory offer for a further 20 percent.

Under the new rules, MTN might be required to make an offer for an additional 20 percent stake in Bharti, if it is issued GDRs with voting rights.

"There have been problems in the deal. You will get more clarity about it next week," one of the sources said.

On Tuesday, Indian Finance Minister Pranab Mukherjee said the government was taking a "positive approach" to the deal. Finance Secretary Ashok Chawla said there had been no formal approach about a dual listing.

Bharti and MTN had revived their talks in May, a year after previous discussions broke down over who would control a merged entity. A merger would create an emerging markets giant with more than 200 million customers across India, Africa and the Middle East.

Under the proposed deal, Bharti would use cash and shares to buy a 49 percent stake in MTN, and the South African firm and its shareholders would pay cash and shares for a 36 percent interest in the Indian firm.

"It could swing either way. It's not clear at the moment," said a third source briefed on the deal. (Reporting by Devidutta Tripathy and C.J. Kuncheria in NEW DELHI, Tony Munroe and Narayanan Somasundaram in MUMBAI, Harry Suhartono in SINGAPORE; Editing by John Mair/Will Waterman)

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