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Nortel Networks Case

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Submitted By jcs0604
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March 29, 2013
ACC230

Nortel Networks Case

The Nortel case does show that Nortel has agreements in associated to the guarantee under FIN 45. The payments based on a liability, charges relating to assets, or equities security that was provided by third parties has to be made to that third party. Nortel was able to retain liabilities for the events that occurred before the sale. Nortel guaranteed escrow for specified periods and had no limits of the potential amounts of the liabilities. It seems to be common for a business sale agreement to exclude maximum amounts of these liabilities since it is difficult to estimate the maximum potential of them for the indemnification guarantees. The company has agreements with its customers, lease agreements, third party debt, banks, agents and suppliers of intellectual property. Nortel has not made any indemnification payments in relation to any of the agreements mentioned.

With regards to the commitments Nortel has made those commitments through bids, performance bonds, and other bonds that are in relation to their contracts. Nortel did not make any significant payments for any of these. The company did make capital agreements requiring them to fund new capital. The commitment they have of $16 million expires on a variety of dates through 2012. Nortel has purchase commitments with some suppliers that hold Nortel to detailed purchases and minimums.

I think that the disclosures are stated well, but based on Nortel’s payment history they should be able to estimate an approximate amount for the indemnification

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