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Ackman: Why the Swaps in Borders?

I got an email from a reader that made a great point about Ackman’s Borders (BGP) transactions that says a bit more about the current lending environment.

Here is the body of the email:

“It is very possible that since banks have cut their traditional margin lending lines to hedge funds and this is a way to get around the issue.

The only benefit of a total return swap is that it employs leverage, the same sort of leverage banks were providing hedge funds before the credit freeze.

My best guess would be that Ackman has found a way to borrow money through the banks swap lines which allows him access to capital he was unable to tap through his regular margining of assets……”

Dave (last name omitted for privacy)

Now, I have no idea what a guy like Ackman pays for a margin line, but I am sure his borrowing cost has gone up like everyone else’s. For the swaps, he is paying $.03 cents per share commission and interest only on any “negative” performance in the shares. For this he is giving up taking profits (if there are any) and dividends until 2009 when the swaps are settled.

Ackman now is able to build his position (although the swaps represent non-voting shares since he does not actually “own” them) without the cash outlay that would be required normally OR a high interest margin payment.

It also says that while he now has a 24% “economic interest” in the company he may begin to push hard for an agenda.

This really is a neat thing…. Agree or disagree with the guy, he is a bright one..

Disclosure: None

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Wally Wetiz Video on Countrywide and Subprime

Interesting thoughts on Countrywide (CFC).

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Tuesday’s Upgrades and Downgrades


UPGRADES
American Commercial Lines (ACLI)= Morgan Keegan Mkt Perform » Outperform
Delek US Holdings (DK)= Morgan Keegan Mkt Perform » Outperform
Shaw Comms (SJR)= UBS Neutral » Buy
Oplink Comms (OPLK)= Needham & Co Buy » Strong Buy
Puget Energy (PSD)= Soleil Sell » Hold
ADC Telecom (ADCT)= Credit Suisse Neutral » Outperform
FTD Group (FTD)= Roth Capital Sell » Hold
ValueClick (VCLK)= RBC Capital Mkts Sector Perform » Outperform
Werner Enterprises (WERN)= Bear Stearns Underperform » Peer Perform
Frontier Oil (FTO)= Friedman Billings Mkt Perform » Outperform
Northwest Airlines (NWA)= Credit Suisse Neutral » Outperform
Amdocs (DOX)= UBS Neutral » Buy
Affiliated Computer (ACS)= UBS Neutral » Buy
Knight Transportation (KNX)= Bear Stearns Underperform » Peer Perform
Heartland Express (HTLD)= Bear Stearns Underperform » Peer Perform
Con-way (CNW)= Bear Stearns Underperform » Peer Perform
Arkansas Best (ABFS)= Bear Stearns Underperform » Peer Perform
Ameriprise Financial (AMP)= Keefe Bruyette Mkt Perform » Outperform
Kaydon (KDN)= Deutsche Securities Hold » Buy
RF Micro Device (RFMD)= Deutsche Securities Hold » Buy
Bed Bath & Beyond (BBBY)= Credit Suisse Neutral » Outperform
Lowe’s (LOW)= Credit Suisse Neutral » Outperform
Home Depot (HD )= Credit Suisse Neutral » Outperform
General Mills (GIS)= JP Morgan Underweight » Neutral
Under Armour (UA)= Citigroup Hold » Buy
ArvinMeritor (ARM)= KeyBanc Capital Mkts Hold » Buy

DOWNGRADES
Dick’s Sporting Goods (DKS)= Wedbush Morgan Strong Buy » Buy
Steven Madden (SHOO)= Wedbush Morgan Buy » Hold
Supertex (SUPX)= Lazard Capital Buy » Hold
Opnext (OPXT)= Needham & Co Strong Buy » Buy
Valero Energy (VLO)= Caris & Company Buy » Above Average
Alon USA Energy (ALJ)= Caris & Company Buy » Above Average
Illumina (ILMN)= Caris & Company Buy » Above Average
Trimas (TRS)= KeyBanc Capital Mkts Buy » Hold
Telecom Italia (TI)= Bear Stearns Peer Perform » Underperform
Sunoco (SUN)= Friedman Billings Outperform » Mkt Perform
Automatic Data (ADP)= UBS Buy » Neutral
Paychex (PAYX)= UBS Buy » Neutral
Computer Sciences (CSC)= UBS Buy » Neutral
BearingPoint (BE)= UBS Buy » Neutral
Sapient (SAPE)= UBS Buy » Neutral
Hewitt Associates (HEW)= UBS Neutral » Sell
Advance Auto (AAP)= Credit Suisse Outperform » Neutral
Sears Hldg (SHLD)= Credit Suisse Outperform » UnderperforM
Cal Drive Intl (DVR)= JP Morgan Overweight » Neutral
Express Scripts (ESRX)= JP Morgan Overweight » Neutral
Teva Pharm (TEVA)= HSBC Securities Overweight » Neutral
AmeriCredit (ACF)= Friedman Billings Mkt Perform » Underperform

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"Fast Money" for Wednesday


Wednesday’s Picks

None

Tuesday’s Results:
Jeff Macke says sell Netflix (NFLX) $22.77 Close $22.05 GAIN

Guy Adami recommends buying EMC Corp (EMC) $16.80 Close $16.68 LOSS

Karen Finerman prefers Corning (GLW) $23.25 Close $23.24 LOSS

Pete Najarian likes Bunge (BG) $133.0 Close $127.21 LOSS

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 0-1
Jon Najarian= 3-1
Jeff Macke= 4-2
Tim Seymore= 2-1
Guy Adami= 3-4
Pete Najarian= 2-3
Karen Finerman= 2-3

2007 Results (Since 6/21):
Guy Adami= 58-46 = 56%
Jeff Macke= 60-40 = 60%
Pete Najarian= 49-41 = 54%
Karen Finerman= 40-30 = 57%

Disclosure:

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52 Week Low’s 1-15


(XRX) Xerox Corporation =$13.88
(XRIT ) X-Rite Incorporated = $10.89
(XLX ) Xilinx Inc = $19.15
(WTM ) White Mtns Ins Group Ltd= $ 474.03
(WSOB ) Watsco =$32.76
(WSM ) Williams-Sonoma Inc=$ 19.78
(VAL ) The Valspar Corporation =$19.15
(TMS ) Thomson =$11.13
(TM ) Toyota Motor Corp =$100.44
(SLAB) Silicon Laboratories Inc= $ 28.07
(SKX ) Skechers U S A Inc = $16.19
(SJM )Smucker J M Co = $46.02
(SHLD) Sears Hldgs Corp = $85.00
(SHG ) Shinhan Financial Gro = $94.00
(SHFL) Shuffle Master Inc = $8.37
(RSH ) Radioshack Corp = $14.14
(RL ) Polo Ralph Lauren Corp= $ 50.98
(RGS) Regis Corp = $23.12
(RGC ) Regal Entmt Group = $16.91
(RFMD) Rf Microdevices Inc = $3.61
(MOV ) Movado Group Inc =$22.02
(MOT ) Motorola, Inc =$14.32
(MAT ) Mattel, Inc = $16.60
(MAN ) Manpower Inc= $ 50.27
(KMX ) CarMax, Inc = $17.29
(KKD ) Krispy Kreme Doughnut = $ 2.35
(JWN ) Nordstrom Inc = $30.28
(HOTT ) Hot Topic Inc = $3.97
(HOG ) Harley-Davidson, Inc= $ 39.05
(EK ) Eastman Kodak Co. = $18.20
(EBAY) Ebay Inc = $28.05
(CSC ) Computer Sciences Corp =$ 39.40
(CRI ) Carter’s, Inc. = $15.99
(CPWR ) Compuware Corp= $ 7.04
(CPS ) Choicepoint Inc = $32.55
(CAJ ) Canon Inc = $42.82
(CAG ) ConAgra Inc = $22.70
(CAB ) Cabela’s, Inc. = $12.02
(BBI ) Blockbuster Inc = $2.72
(BAYN) Bay Natl Corp = $9.21
(BA ) Boeing Co. = $77.77

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MacWorld: iPhone Sales Will Fall Short of Jobs’s "Goal"

Steve Job’s announced today that Apple’s (AAPL) iPhone has sold 4 million units in the 200 days since it went on sale. Not good enough.

The stated goal from Job’s, who is famous for his low ball objective that he can then blow away was 10 million units by the end of 2008. Currently Apple has averaged 20,000 units a day. The shine comes off this number when you consider about 1,000,000 were sold the first 30 days (estimates vary). That leaves us at 17,600 a day since.

In order for the “goal” to be accomplished, Apple must hit a daily average to 18,100. Questionable. One has to acknowledge the initial US launch euphoria will not be seen elsewhere and holiday season two will not approach #1. When you consider Europe’s launch has been tempid at best and plans for China seem to have fallen through at this point. Canada is rumored to launch any day now but how many users will switch from the hometown Research in Motion for Apple? If the US does indeed head for a recession or dramatic slowing, how many folks will be willing to pay $399 for a phone? The argument is that high end users are buyers of the phone but if results at Tiffany’s (TIF) and Coach (COH) are any indication, these folks are cutting back also.

Now, does this mean the phone has been a “flop”? No. It does mean that a $599 phone will not dominate a category. Jobs seemed to have realized this when he lopped $200 off the price 90 days after the launch as sales stalled.

As the details of the phone trickled out in May last year, 2 months before the phone hit the stores I said the phone would be a flop. I was wrong. I also said “cut the price to $299 and you may have something. A $599 phone will not gain mass acceptance no matter what it does, especially when people can still get it’s functionality from their existing devices. Also, the exclusive deal with AT&T was not a very bright idea”.

I would say right on both those accounts. I think Apple really missed the boat with the exclusive AT&T (T) deal. With Research in Motion (RIMM) coming out with a competing product very soon that will be available on most carriers, I think Apple may have missed its chance to dominate the landscape. As things stand now, RIMM has 36% vs 19% to Apple of the “smart phone” market. Let us not forget Google’s (GOOG) highly anticipated foray into the market later this year.

The sad thing is that it is a self-inflicted move as Jobs’s history of not playing nice with others may have come back to bite the company. He may have got the “best deal” from AT&T at the expense of much bigger things.

Disclosure: None

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Tuesday’s Links

Berkshire, Recession, Blogs, New Years Resolutions

– Geoff Gannon has a nice post on the importance of the man at the top. A good company that produces cash but has management that cannot allocated it properly, will disappoint investors.

– If we say it enough, will it happen?

– The anniversary of the birth of blogs……….

– These always end up being such a joke..

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Ackman Now Has 24% Stake in Borders

As a results of yesterday’s SEC filing, Ackman’s Pershing Square reported
beneficial ownership on an aggregate basis of 10,597,880 (18.0%) shares of
Common Stock and total economic exposure on 14,339,180 (approximately 24.4%)
shares of Borders (BGP)

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NetFlix’s New Rival

There was a very interesting omission in the coverage of Netflix’s (NFLX) decision to allows most users to stream unlimited internet content. The omission? The word Blockbuster (BBI).

Under the most popular plan that charges $16.99 per month to rent up to three DVDs at a time, Netflix customers can currently watch as many as 17 hours of entertainment each month on the streaming service, dubbed “Watch Instantly.” Now, all but the $4.99 a month plan subscribers will be able to stream as many movies and TV shows as they want from a library containing more than 6,000 titles. There will be no additional charge for the unlimited access.

What word has replaced Blockbuster? Apple (AAPL). This is both very good news for NetFlix and very bad news for Blockbuster. Apple will be offering 24 hour downloads for $3.99.

This will cause the fees Netflix pays to Hollywood and for bandwidth to jump obviously, but it should also mean fewer DVDs sent in the mail, which would lower some logistical costs and postage.

Blockbuster has been pushed to virtual oblivion as they are still toying with the download service and stuck trying to figure out how to get people to go to stores in conjunction with a download. Am I the only one who just does not get this? Isn’t the very reason to do one so that you do not have to do the other?

While, the competition is taking it to the next level now, Blockbuster is still in the starting blocks..

Disclosure: None

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Wal-Mart’s New Concept

Leveraging the success of its grocery sales, Wal-Mart (WMT) has an new small concept rolling out called “Marketside”.

The new stores are about 20,000 sq ft, a 10th of the size of its Supercenters and unlike them, the planning process for the new Marketside stores does not require public consultation. This will pave the way for Wal-Mart to grow into cities and states where its Supercenter expansion has been slowed by union-backed political opposition. Huge.

The new logo has green lettering with a fancy tomato, egg and grape topped by a Wal-Mart blue star. Wal-Mart also registered new trade names in recent months, such as City Thyme and Field & Vine, which one would think would be used for private-label fresh food offerings.

This is a great move for Wal-Mart. Its scale will make it a low cost producer and this allows it to get into localities without the public rancor that seem to accompany them currently. It also seems to show that Wal-Mart is paying particular attention to the wants and tastes of potential customers it current does not serve.

There is no reason Wal-Mart cannot run a low cost upscale grocer and be successful at it.

Disclosure: Long WMT

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Ackman Enters 7 More Total Return Swaps in Borders

Pershing’s Bill Ackman entered into total return swaps in Borders (BGP) shares. The seven transactions were done between Jan. 10 and 14th. and the total numbers of shares represented is 1,542,900.

The details:

1. The reporting person, for the account of Pershing Square, L.P. (“PSI”), Pershing Square II, L.P. (PSII), and Pershing Square International, Ltd. (“PSIL”), entered into cash-settled total return swaps with a broker-dealer counterparty for a commission equal to $0.03 per notional share subject to such swaps. The first swap (the “First Swap”) was entered into on January 10, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSI is obligated to pay to the counterparty any negative price performance under $9.93 for each of the 256,600 notional BGP common shares subject to the swap (the “First Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSI any positive price performance over $9.93 for each of the First Swap Reference Shares, plus any dividends paid during the life of the swap.
2. The second swap (the “Second Swap”) was entered into on January 10, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSIL is obligated to pay to the counterparty any negative price performance under $9.93 for each of the 343,400 notional BGP common shares subject to the swap (the “Second Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSIL any positive price performance over $9.93 for each of the Second Swap Reference Shares, plus any dividends paid during the life of the swap.
3. The third swap (the “Third Swap”) was entered into on January 11, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSI is obligated to pay to the counterparty any negative price performance under $9.29 for each of the 268,474 notional BGP common shares subject to the swap (the “Third Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSI any positive price performance over $9.29 for each of the Third Swap Reference Shares, plus any dividends paid during the life of the swap.
4. The fourth swap (the “Fourth Swap”) was entered into on January 11, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSIL is obligated to pay to the counterparty any negative price performance under $9.29 for each of the 366,526 notional BGP common shares subject to the swap (the “Fourth Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSIL any positive price performance over $9.29 for each of the Fourth Swap Reference Shares, plus any dividends paid during the life of the swap.
5. The fifth swap (the “Fifth Swap”) was entered into on January 14, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSI is obligated to pay to the counterparty any negative price performance under $9.36 for each of the 126,461 notional BGP common shares subject to the swap (the “Fifth Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSI any positive price performance over $9.36 for each of the Fifth Swap Reference Shares, plus any dividends paid during the life of the swap.
6. The sixth swap (the “Sixth Swap”) was entered into on January 14, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSIL is obligated to pay to the counterparty any negative price performance under $9.36 for each of the 178,703 notional BGP common shares subject to the swap (the “Sixth Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSIL any positive price performance over $9.36 for each of the Sixth Swap Reference Shares, plus any dividends paid during the life of the swap.
7. The seventh swap (the “Seventh Swap”) was entered into on January 14, 2008 and expires on August 5, 2009. Under the terms of the swap (i) PSII is obligated to pay to the counterparty any negative price performance under $9.36 for each of the 1,736 notional BGP common shares subject to the swap (the “Seventh Swap Reference Shares”), plus interest, and (ii) the counterparty is obligated to pay to PSII any positive price performance over $9.36 for each of the Seventh Swap Reference Shares, plus any dividends paid during the life of the swap.

Disclosure: Confused as to what he sees…..

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"Fast Money" for Tuesday


Tuesday’s Picks
Here’s our Fast Money final trade. Our gang gives you tomorrow’s best trade, right now!

Jeff Macke says sell Netflix (NFLX) $22.77

Guy Adami recommends buying EMC Corp (EMC) $16.80

Karen Finerman prefers Corning (GLW) $23.25

Pete Najarian likes Bunge (BG) $133.0

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 0-1
Jon Najarian= 3-1
Jeff Macke= 3-2
Tim Seymore= 2-1
Guy Adami= 3-3
Pete Najarian= 2-2
Karen Finerman= 2-2

2007 Results (Since 6/21):
Guy Adami= 58-46 = 56%
Jeff Macke= 60-40 = 60%
Pete Najarian= 49-41 = 54%
Karen Finerman= 40-30 = 57%

Disclosure:

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52 Week Low’s 1/14


(WWW ) Wolverine World Wide, Inc $20.94
(WTM ) White Mtns Ins Group Ltd $481.00
(WOLF ) Great Wolf Resorts Inc $7.28
(RWC ) Relm Wireless Corp $2.66
(RVSN ) Radvision Ltd $10.33
(RUBO ) Rubio’s Restaurants, Inc. $6.76
(RT ) Ruby Tuesday, Inc. $5.74
(RNTA) Aaron Rents Inc $14.78
(RL ) Polo Ralph Lauren Corp $52.90
(RGS) Regis Corp $23.58
(REDE) Redenvelope Inc $3.43
(GFF ) Griffon Corporation $10.71
(GET ) Gaylord Entmt Co New $30.99
(GBE ) Grubb & Ellis Company $3.85
(GABC) German American Bancorp $11.74
(G ) Genpact Limited $12.66
(COH) Coach Inc $25.72
(COGO) Comtech Group Inc $12.45
(COCO ) Corinthian Colleges Inc $11.97
(COA) Coachmen Industries, Inc $4.67

Disclosure:

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Housing Hurting Sears: No Surpirse

The housing situation is really taking a chunk out of Sears. The good news? It won’t last forever..

Sears reported preliminary results Monday and as anticipated, the news was bad.

The skinny:

* For the year ending February 2, 2008, they expect net income to be between $744 million and $864 million, or between $5.13 and $5.96 a share vs $6.42 estimates
* Net income for the fourth quarter ending February 2, 2008 will be between $350 million and $470 million, or between $2.59 and $3.48 per fully diluted share.
* Expect to end the fiscal year with approximately $1 billion in cash and cash equivalents, excluding Sears Canada.
* Sears Domestic’s comparable store sales declined by 2.8% during the nine-week period, while Kmart’s comparable store sales declined by 4.2%. Total domestic comparable stores sales declined 3.5%
* During the ten weeks ended January 11, 2008, they repurchased 4.9 million common shares at a total cost of $513 million (or $105.46 per share) under the share repurchase program. As of January 11, 2008 they had remaining authorization to repurchase $223 million of common shares.

Nothing in these results surprised me. Think about it. If retailers like Target (TGT) and JC Penny’s (JCP) who also are experienced declining store traffic in recent quarters are having trouble selling $30 shirts or pants, ought not we expect Sears to have a bit more trouble selling a $1500 washer and dryer set?

Here is what made me really happy. ” The expected cash and cash equivalents balance indicated does not give effect to any share repurchase activity after January 11, 2008.” Do the math. $1 billion in cash (excluding Sears Canada) and only $213 million in repurchases remaining. Sears could easily complete the purchase but is choosing not to in order to protect the balance sheet. They could have finished it and then used debt to buy more or finance operations like both Starbucks (SBUX) and Home Depot (HD) have done but that, while making things look good short term, would have been a mistake long term.

Bottom line, retail sucks right now (except Wal-Mart). There is no way to sugar coat it. That being said, if you accept that, you need to look toward the future. Even with the “end of the world” for Sears that the commentators were babbling about, look at the big picture. Lampert is thinking like an owner who is in this thing for the long haul, not a CEO who needs to make a number or risk losing his job next quarter.

Now, while the lack of appliance sales really hurt now, when housing turns, that same pain becomes joy as the sales hit of the $1500 washer and dryer not being sold today becomes a gain of the same when it does. Here is where Lampert’s discipline comes in. Sears will enter this period even stronger as the share count will be dramatically reduced, debt will STILL be irrelevant and this will cause EPS and cash to jump.

It was another “bash Lampert” day on CNBC but, are shareholders at Macy’s (M), JC Penny (JCP), Kohl’s (KSS), Home Depot (HD) or Lowes (LOW) fairing any better? No they aren’t. Now, of the aforementioned companies, who has the strongest balance sheet? Sears…

Here is another point. Remember earlier last year when all the talking heads and analysts were pushing daily for Sears to make a huge acquisition? Remember the Home Depot rumors? Any large purchase of that size would have included massive amounts of debt. How bad would that decision to go ahead have looked today? Any retailer who did such a deal would be hurting big time in the current environment. Rather than a decrease in earnings, we would most likely be taking about huge losses. Do not expect to hear them talking about this either…

They were wrong then and this time next year will be proven wrong now..

Disclosure: Long SHLD, None in others

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Monday’s Links

Rove, EBAY, Borders, Never Oversleep Again

– Love him or hate him, the guy knows what he is talking about..

– A good case for shares in EBAY.

– I got a great answer to my questions about Borders. This is a very good write-up.

– This is the greatest idea idea I have ever seen to cure the chronic oversleeper in your life..

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