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Tuesdays’ Links

Thank you, Dow & Rohm, “Blob”, smart phones

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– Thank you for the mention

– Other thoughts on it

– Few people point out how wrong Krugman was about Europe

– Who has the best?
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General Growth Properties Receives Extensions

Here is the news, more on this tomorrow including more on Ackman’s role

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-General Growth Properties, Inc. (NYSE:GGP) (the “Company”) announced today the administrative agent under the Company’s 2006 Senior Credit Agreement received consents from the requisite lenders thereunder to waive certain identified events of default under the 2006 Senior Credit Agreement and to forbear from exercising certain of the lenders’ default related rights and remedies with respect to such identified events of default until December 31, 2009 (unless terminated earlier in accordance with the terms of such forbearance agreement), subject to certain conditions, including final documentation.

The Company also announced today its subsidiary, The Rouse Company LP (“TRCLP”), has extended the expiration date for its previously announced consent solicitation to 5:00 p.m., New York City time, on March 20, 2009. In the solicitation, TRCLP is seeking consents from the holders of TRCLP’s unsecured notes (five series with an aggregate outstanding principal amount of approximately $2.25 billion at December 31, 2008) (the “TRCLP Notes”) to forbear from exercising remedies with respect to various payment and other defaults under the TRCLP Notes through December 31, 2009.

The Company also noted that it has been informed by the representatives of an ad hoc committee of holders of TRCLP Notes, the members of which hold in the aggregate approximately 41% of TRCLP Notes, that all of the members of the ad hoc committee have committed to consent to the forbearance.

As of 5:00 p.m. on March 16, 2009, consents had been validly delivered (and not validly revoked) with respect to the following amounts of TRCLP Notes (click to make larger):

The minimum acceptance levels for each series of the TRCLP Notes are: 90% of the 3.625% Notes due 2009 and the 8% Notes due 2009; 75% of the 7.20% Notes due 2012, the 5.375% Notes due 2013 and the 6 3/4% Notes due 2013. Holders of TRCLP Notes who have previously validly delivered consents will continue to have the right to revoke their consents through the extended expiration date.

Effectiveness of the forbearance under the 2006 Senior Credit Agreement will be conditioned on and subject to, among other things, the successful completion of the consent solicitation and effectiveness of the forbearance agreement relating to the TRCLP Notes.

“We are pleased that we have been able to obtain consents from the requisite lenders under our 2006 Senior Credit Agreement and with the positive reaction to the TRCLP bond consent solicitation,” said Adam Metz, chief executive officer. “Given this support, we feel it is appropriate to extend the expiration date for the consent solicitation in order to give bondholders more time to receive and review the consent solicitation materials and to consider this request.”

GGP INFORMATION

General Growth is a U.S. based, publicly traded Real Estate Investment Trust. The Company currently has an ownership interest in, or management responsibility for, more than 200 regional shopping malls in 44 states, as well as ownership in master planned community developments and commercial office buildings. The Company portfolio totals approximately 200 million square feet of retail space and includes over 24,000 retail stores nationwide. The Company is listed on the New York Stock Exchange under the symbol GGP.

Disclosure (“none” means no position):Long GGP

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Target’s Folly

Something about Bill Ackman’s Target (TGT) talk today on Bloomberg really bugged me after I listened to it. Took a while but it sunk in.

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Watch it again:

So, does Target take its best shoe associate and place them in electronics without any training? Would they take the head of marketing and give them the job of CFO? Of course not.

So, why then, as their business grows and expands into different areas, do they lack those who have extensive knowledge in those areas on their Board? It makes no sense. For Target’s board NOT to have expertise on it that covers the major areas of its business is just irresponsible at best, negligent at worst.

Selling groceries is not the same as selling shoes. The fact that the food is at the front of most Target stores is a mistake. Food is something folks need to buy. People will make more trips there to buy milk than socks. Put it in the back or in the middle and force people to walk past cloths and through homegoods to get to it (like Wal-Mart (WMT))does. Ackman is right that people there for food will pick up other items, but let’s make them go buy them for the impulse buy.

Target execs are making a huge mistake buy just saying “no” to Ackman. As their sales and stock price deteriorate, shareholders are going to take an increasingly close look at whatever he proposes. Last year it was just the TIP REIT idea. Now it is board seats. Eventually even the most management loyal shareholder is going to look at it and say, “Ummm, why are this guys ideas so bad? What have you done to turn things around?”

Last time I checked “doing nothing” was not really an action plan.

Note to Target management: Hole dug…

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Pershing’s Bill Ackman Talks Target (video)

Pershing Square’s Bill Ackman talks about Target (TGT) and his plans for it. On another note, I have been trying to get an interview with Ackman for two months, he chooses this international outfit called Bloomberg over me?!? Just because they have millions of viewers? I’ll tell you one thing, I would have let him finish and not cut him off at the end……..you have my number guys…

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Mark-to-Market: Determining "Fair Value"

This is a great piece on “mark-to-market” and its implications top banks via FASB 157.

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“Fair Value”

Publish at Scribd or explore others: Academic Work mark to market reces

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Bernake on 60 Minutes

Bernanke may have done more tonight than any other official to assure people Washington is trying to look out for them and that the world is not ending tomorrow. Where Geithner recently appeared aloof and evasive on Charlie Rose, Bernanke was in total control and was angry about the same things US citizens are. He also explained himself clearly and calmly. Where Geithner seems to be pushing an ideological policy, Bernanke come off a genuinely trying to do what is best regardless of ideology. Watch for yourself

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Part 1:

Watch CBS Videos Online

Part 2

Watch CBS Videos Online

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Monday’s Links

Value, NY Times, Grover, Rove. Thank you

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– A nice piece on value investing

– Now this will be interesting

– Now you know it is bad

– Karl nails it

– Thank you for the mention
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Geithner Says Nothing on Charlie Rose

Is it just me or was this a waste of time? Does anyone really feel after the interview Geithner clarified anything but say “none of this is my fault”? I don’t blame Rose, Geithner is just not capable of communicating well, except when passing blame.

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Finally got around to watching this over the weekend.

The show:

Tom Brown had this to say:

Geithner: “The system now is burdened by a bunch of loans that probably should not have been made. These banks can’t sell those loans. They’re sort of sitting on the balance sheet of the system and they’re causing a lot of uncertainty and concern whether these institutions will be strong enough to be able to lend in the event we face a deeper recession.”

TKB: When you read something like this, it’s hard not to worry Geithner doesn’t understand how the banking business works. Here are the basics: Banks make loans and, most of the time, the borrowers pays the loans back. But there are times when a borrower doesn’t have sufficient cash flow; in that case, the bank works with the borrower to try to minimize the loss. Geithner can’t be surprised now that borrowers occasionally become delinquent and default–particularly when he and his boss keep calling this the greatest economic crisis since the Depression.

In particular, Geithner ought to know better than to say that banks’ bad loans are “sort of sitting” on their books. Banks usually work with troubled borrowers; they don’t typically dump their loans at distressed prices after defaults. Well-run banks manage bad their credits; they don’t reflexively wash their hands of them.

Most worrying is Geithner’s comment that banks need to be “strong enough to be able to lend in the event we face a deeper recession.” Mr. Secretary, if the economy faces a deeper recession, the last thing you want to do is encourage aggressive bank lending. That’s the sort of thing that gout us into this problem in the first place.

Geithner: “To get through this and try to resolve that uncertainty and restore basic confidence, you have to stand by doing a careful assessment of how large those losses may be as we go forward.”

TKB: Given Geithner’s lack of understanding of how banking works, I worry that that he’ll give too much credence to the results of the stress tests Treasury is now conducting. By necessity, those test are overly broad, and rely on too many hypothetical inputs. My advice to the Secretary: weigh the current data much more heavily than highly subjective future loss assumptions.

Geithner: [Discussing TALF] “ We want to use a market mechanism that leaves the taxpayer with less risk and better benefit in trying to fix the system so we get credit flowing again.”

TKB: I don’t know why the administration is so torn between coming up with a plan to “get the credit flowing again” and making sure the taxpayers gets an adequate return on their investment. If fixing the banking system is as important as Geithner and Obama say, they should stop worrying so much about minimizing risk to the taxpayer. The administration sure didn’t seem this concerned about not wasting taxpayer money when it was lobbying for its stimulus plan.

Geithner: “We’re going to try to make it compelling for [banks] to clean up their balance sheets and put themselves in the position where it’s going to be easier for them in the future to raise private capital.”

TKB: News flash! Private capital is not going to rush to invest in banking companies that do dumb things–such as sell their assets for a fraction of what they are worth. Which, as regards banks’ toxic assets now, is exactly what the government seems to want banks to do. That makes no sense. If Geithner wants to know what banks should be doing with their bad assets, he should talk to President Obama’s pal, Warren Buffett.

As to the return expectations of asset buyers, meanwhile, let’s just say they’re aggressive. Yesterday I was at a full-day seminar on the current and future conditions of U.S. banking. One of the presenters was a distressed-debt buyer who gave the usual harangue about banks not being willing to sell at the true market. He said his firm has analyzed over $100 billion of debt so far, but has been able to buy only a little over $1 billion worth, since selling banks won’t “get real.” When someone asked him what assumptions his firm makes in valuing the paper, he said they assume no leverage and a terrible future economic environment–and have a cash-on-cash hurdle rate of . . . 30% to 40%.

Are you kidding me? What bank would sell at such a ridiculous price if it didn’t have to?

Geithner’s perception of banks’ toxic assets reflects the bearish conventional wisdom. But that view is not supported by the economics; Geithner ought to know better.

Geithner: “When we get through this, we want to put in place a set of more conservative, better-designed constraints on leverage through capital requirements, so that a mess like this never happens again.”

TKB: Earth to Tim: You simply can’t raise capital requirements high enough to prevent individual institutions from failing. The capital requirements of U.S. banks can’t be completely out of line with those of non-U.S. banks. I just don’t see a Tier 1 capital ratio being raised by more than 2 percent points around the globe, and even that level would not be a cure-all.

Geithner: “Most private forecasts, particularly administration forecasts, show recovery starting in the second half of this year”.

TKB: Is the economy in the tank or isn’t it? If recovery is really just a few months away as Geithner says, let’s be careful not to overreact to the Treasury’s “stress case” estimates of minus-tk% GDP growth in 2009, and minus-tk% in 2010. It would make no sense, in particular, to forcibly dilute current common shareholders based on an economic forecast the administration believes is highly unlikely. Nor would such a move help attract the private capital the administration says it’s so eager to have flow into the banking business.

Geithner: “I spent almost every day from the first time I walked into the New York Fed about five years ago working with my colleague on ways to try to make the system stronger. Our system was not designed to sustain a shock, a crisis of this magnitude. It’s the tragic failure of financial regulations in this country.”

TKB: Let me see if I have this straight. Tim Geithner says that, as president of the New York Fed, he spent every day for five years trying to strengthen the financial system. Yet when the recession finally arrived, it wreaked the havoc that it did because the regulation of the system, which Geithner himself was one of the key people in charge of, wasn’t up to the task. Where did Obama come up with this guy?

Geithner: “This is not about ability; it’s about will. And it’s about the will of government to do what’s necessary to act to fix this. And I’m confident that the president of this country will have the will to do that, and if you look again at the experience of the other crises from history, the crises become deeper and longer-lasting because of failure of government to act effectively”

TKB: Please! It’s all about “will”? So I guess Japanese government officials in the 1990s lacked the necessary “will” to pull the country out of its decade-long slowdown? So simple! Geithner seems to think only government programs can fix the economy’s problems and that there’s nothing to be contributed by the private sector. That’s way too simpleminded.

I was leery of the new Treasury Secretary before I read the Charlie Rose interview. Now I’m downright worried. Put aside whether Geithner’s Treasury Department can come up with the right solutions; Geithner doesn’t even seem to understand the nature of the problem. For an administration trying to deal with as deep an economic crisis as this one—and trying to a whole lot of other things as well–that’s not an encouraging sign.
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AIG’s Letter To Geithner Regarding Compensation

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AIG CEO Letter to Geithner

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Weekend Reading

What ??!!?, Polls, The Week,

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– So a week ago we were on the precoice of depression , now this?

Lower than “W”

– The Week that was


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Saturday Reading- Dunamis Captial Letter

Here is another shareholder letter from a manager that was up last year. Year end letter from Dunamis Capital, the fund run by Jason Kaspar.

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Dunamis 2008 4th Quarter Letter

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Sears Gains Appliance Market Share

This is great news for Sears Holdings (SHLD) shareholders

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By Mary Ellen Lloyd Of DOW JONES NEWSWIRES

Sears Holdings Corp. (SHLD) increased its share of the U.S. retail market for major appliances in 2008 – its first increase after years of declines – as new marketing programs and price discounts helped sales.

The department-store holding company plans to build on its momentum in 2009 through a new rebate-finder program, consumer credit offers and an ongoing rollout of appliances to more stores in its Kmart chain, executives said in a recent interview with Dow Jones Newswires.

“We’re not doing any victory laps yet, but we’re encouraged,” said Doug Moore, Sears’ president of home appliances.

Indeed, Sears isn’t completely out of the woods. Weak appliance sales contributed to an 11% drop in comparable-store sales at the entire Sears chain in the fourth quarter. Even so, Sears picked up a larger share of the overall appliance market.

Moore wouldn’t share dollar or unit sales but said third-party research shows Sears maintained market share in the first quarter of 2008, then gained in each of the remaining quarters to capture a full-year increase.

With its top-ranked Kenmore brand, Sears has long been the top U.S. seller of refrigerators, washers and other major appliances. Lowe’s Cos. (LOW) in the late 1990s and Home Depot Inc. (HD) around 2001 began pushing harder to take market share, expanding selling space and adding brands.

Sears saw its market share decline from about 40% in 2001 to 29.5% in 2007, according to trade magazine This Week in Consumer Electronics, in conjunction with market research firm The Stevenson Co. of Louisville, Ky.

Second-ranked Lowe’s had 15.3% of the $28.1 billion retail appliance market, Home Depot ranked third with 13.8%, and Best Buy Inc. (BBY) was next with 6.8%.

TWICE typically updates appliance rankings in June. Bob Tancula, Stevenson’s vice president of research, declined to release 2008 numbers, citing the confidentiality of paying clients such as Sears. But he confirmed the company had stemmed market-share losses.

“Sears is still the No. 1 by a long shot,” he said.

The gains didn’t come from Lowe’s or Home Depot but were likely taken from smaller local or regional players. “Home Depot and Lowe’s market share in 2008 did not drop off,” Tancula said.

Category Hit By Economy, Discounting

Like automobiles and other big-ticket categories, major home appliance sales have been hit hard by the weakening U.S. economy, tighter credit and the collapse of the housing market. Industrywide unit shipments in the U.S. fell 8.9% to 68.2 million units in 2008, according to the Association of Home

Appliance Manufacturers.

And pricing has been very competitive. Sears regularly offered 15% to 20% off
appliances around the holidays. Home Depot gave up appliance sales rather than sacrifice profit margins in the latest quarter, said Chief Financial Officer Carol Tome. “It was a highly promoted category and we elected not to promote it,” she said.

Lowe’s spokeswoman Chris Ahearn said the retailer’s fourth-quarter unit market share was 18.1%, up 1.4 percentage points from a year earlier. But matching some of the promotions at Sears and others hurt gross margins. Moore, the Sears executive, said it’s taking share “in a financially responsible way.”

“We are not abandoning principles of profitability in how we go to market,” he
said, declining to provide specifics.

Customers have responded favorably to Sears’ “Blue Appliance Crew” marketing
campaign launched last fall, Moore said. As part of that, Sears’ blue-shirted
employees use Web kiosks to show customers other retailers’ prices on the spot,
potentially removing one obstacle to completing a sale.

The campaign also touts Sears’ delivery, variety of brands and financing offers. Sears has been able to offer no-payments and no-interest financing for 12 months on major purchases more frequently than some of its competitors, said Kevin Brown, chief marketing officer for appliances.

Sears’ competitors and some analysts don’t expect appliance discounting to accelerate. Moore said the company plans to capture more business by touting its repair services and by expanding retail space devoted to the category through Sears Home Appliance Showrooms and other newer formats. It also expects to add appliances to more of its 1,400 Kmart stores after putting them in about 286 stores in recent years.

New customer service programs could help, too. For example, Sears recently launched a rebate-finder service. Store employees can determine whether a specific appliance qualifies for a state, federal or utility company rebate through the “Energy Star” program, and they can walk customers through applying for the rebate when they make a purchase.

Sears is working to expand the program to manufacturers’ rebates.

Such conveniences may help close the sale, but the big issue facing Sears and others will be folks like Nick McCoy, who recently waited to replace his washing machine “until the puddle got too big to live with.”

McCoy, who is a senior consultant following home goods for market-research firm Retail Forward, said price and having the key brands are the key issues for most customers these days.

“It’s going to continue to be a battle,” he said.

This will not get much press because its effect now is negligible. This is the same story (too a slightly lesser degree) as Lampert’s other investment, AutoNation (AN). Picking up market share gains in downturns. When the appliance market turns, and like auto’s it will (they break and wear out) Sear’s will see out-sized gains from the increases.

For a retailer there are plenty of ancillary gains. People in the store shopping for appliances will spend money while there on other items increasing overall sales.

Here is the best part. What this does is begin to put Sears higher on the list in people’s minds as a place they can stretch their dollars. We are clearly entering a prolonged period in which people are thinking hard about every dollar they spend. We can see this easily in results at Wal-Mart(WMT) as perceived value drives customer behavior.

The fact that a customer can go to Sears, find and appliance and then be sure they are paying the lowest price for it saves a huge amount of time AND assures the customer they have made a wise buying decision. There is a great long term value to this.

Disclosure (“none” means no position):Long SHLD

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SEC Report on Short Selling

To then SEC Commissioner Chris Cox dates 12/16/2008.

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Analysis of Short Selling Activity

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Uptick Rule Test Report to SEC

This is the report given to SEC Christopher cox on 12/17/2008 regarding the “uptick rule”.

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The “uptick rule” was designed to slow down short selling in stocks. Short selling is in essence selling a stock you do not own in the hope it will fall in price and you can buy it back later at a cheaper price, pocketing the difference.

The uptick rule was implemented to slow down the effect of large amounts of short selling. It requires short sellers to wait for a price rise essentially before selling shares. It is designed to stop short sellers from unbridled selling as the price drops and causing a cascading effect in the stock price.

It was removed last year and those who want it back say its removal is partly responsible for the collapse in the market.

Here is the report:
Analysis of Short Sale Price Test, Uptick Rule

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Six Flags About To Finally Surrender

Hard to believe its been a year and a half since I first wrote about Six flags (SIX), “As for the stock? Don’t touch it”.

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The WSJ Reports:

Six Flags Inc., one of the nation’s largest amusement-park companies, has hired bankruptcy counsel and financial advisers as it fights to avoid a bankruptcy filing amid a mountain of debt.

The company, which has 120 roller coasters and more than 25 million visitors a year, is trying to negotiate with creditors so it can avoid seeking protection under Chapter 11 of the U.S. Bankruptcy Code. But, according to a securities filing, it “may be compelled to seek an in-court solution in the form of a prepackaged or prearranged filing.”

“Our creditors are very supportive, but obviously there are issues we need to address,” said Six Flags Chief Financial Officer Jeff Speed in an interview.

“We are trying to accomplish something on a consensual basis,” added Mr. Speed, who confirmed the hiring of the advisers. “That is always preferred, but I can’t speculate on what the ultimate resolution will be.”

A bankruptcy filing would likely wipe out the ownership stake of Washington Redskins owner Daniel Snyder, who took control of Six Flags in a public and contentious proxy fight in late 2005 and then brought in his own management team.

“Stockholders would have been better off hiding their money under a mattress” than investing in the company under the prior management, Mr. Snyder wrote in a letter to Six Flag shareholders in October 2005, during the proxy battle. At the time, Six Flags shares were trading at about $7.25. Thursday, they closed at 19 cents on the New York Stock Exchange.

Pot, meet kettle.

It is an interesting timeline of events as I go back through the old posts. You can see some them in order here, here, here, here and finally here.

Now, the story of Six Flags is not one of a bad economy, although it is certainly a factor. The main story is a poorly run operation saddled with far too much debt and a lousy consumer experience.

Teenagers love the place, just ask any of them. It is designed for them from the rides to the entertainment to the layout. But, teenagers are not where the money is. It is families that are. Six Flags is quite possibly the least family friendly place I have ever been too. That is their downfall.

Since my boys were born we have done Disney (DIS), Hershey Park (HSY), Sesame Place, Canobie Lake (NH), Storyland (NH) and Santa’s Village (NH). All were incalculably better experiences than Six Flags. Talking to other folks, this is not an uncommon experience.

Six Flags will go under, of that there has never been a doubt, I wish the next owners better luck. They have great properties, they just need better people to run them.

Disclosure (“none” means no position):None

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