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BMC Software, a Houston-based company, recently agreed to acquire Mountain View’s Remedy Corp., a maker of business software, for $350 million. Attorneys in the Palo Alto and San Francisco offices of Heller Ehrman White & McAuliffe represented Remedy and its parent company, San Diego-based Peregrine Systems Inc., in the transaction. Houston-based Vinson & Elkins represented BMC. Terms of the deal also require BMC to loan Peregrine $110 million to pay creditors. Peregrine originally purchased Remedy for $1.1 billion in cash and stock, according to a report by the San Jose Mercury News. Peregrine filed recently for bankruptcy and sued its former auditor, Arthur Andersen, for cooking its books. The company’s bankruptcy meant an uncertain future for Remedy and the several hundred people who work for the company in Silicon Valley. “For Peregrine, this was the bottom of the ninth. A home run would win it and put them in the playoffs, but could they pull it off?” said, Sarah O’Dowd, lead partner for Heller Ehrman. “The Remedy sale agreement was the home run the company needed. “It was a pure adrenaline experience; and the most complex transaction I’ve handled in over a decade. While this environment is generally not much fun, a transaction like this keeps you feeling at the top of your game.” In addition to O’Dowd, Heller Ehrman White & McAuliffe Palo Alto-based partners P. Garth Gartrell, Kyle Guse, and Daniel Appelman; associates Lawrence McSwiggan, Hanan Haviv and Matthew Gosling; San Francisco-based partners James Olson and Robert Alexander; and San Diego-based partners Alan Jacobs, special counsel Joseph Lesko, Juan Zuniga and associate Ryan Murr worked on the transaction. INXIGHT SOFTWARE INC. Lawyers in the Palo Alto office of Fenwick & West represented Inxight Software Inc. through a $22 million round of Series D financing led by Silicon Valley venture capital firm VantagePoint Venture Partners. Attorneys in Wilson Sonsini Goodrich & Rosati’s Palo Alto office represented VantagePoint. Inxight Software, founded in 1997, makes software used by businesses to organize and manage their electronic information resources, like e-mail and electronic documents. “[Inxight's] tenacity in obtaining the best deal … amplified by the state of the current funding environment, made this a very challenging deal,” said William Schreiber, the lead partner on the deal for Fenwick & West. In addition to Schreiber, Fenwick associates Steven Levine, Brian Hicks and Matthew Rossiter worked on the transaction. Wilson Sonsini partner David Segre and associates Anna Itoi, Su-Jin Moreland, and Lisa Tahk represented VantagePoint.

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