Intel's $7.86 Billion CHIPS Act Grant Forbids Selling Its Foundry Business

When Intel announced the completion of its $7.86 billion CHIPS Act grant from the Biden-Harris administration on Tuesday, we assumed some special terms were tied to the grant. Intel is essentially making a law-abiding promise to the US government that it will not sell its stake in the Intel Foundry unit under any circumstances, even if it manages to become an independent entity. This ensures that Intel is the major voting party in any event. Intel disclosed in a regulatory document that if Intel Foundry becomes its own private entity, Intel must maintain majority control with at least 50.1% ownership to keep its subsidy agreements. Additionally, if Intel Foundry goes public in the future, no single investor would be allowed to acquire more than 35% of shares unless Intel remains the largest shareholder, as this would trigger control-change clauses.