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Jim Rogers & Waren Buffett Singing Same Song

Check out the following videos…

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Courtesy All Things Jim Rogers. This ought to be the first stop for Jim Rogers devotees.

Part 1

Jim Rogers told Bloomberg that the U.S. risks sending the world into a depression as its bailouts of failed companies rob healthy businesses of capital.

Part 2

Visit All Things Jim Rogers for rest of videos (2 more).

Now in his recent letter to shareholders Berkshire’s (BRK.a) Warren Buffett recently said:

“Clayton’s lending operation, though not damaged by the performance of its borrowers, is nevertheless threatened by an element of the credit crisis. Funders that have access to any sort of government guarantee – banks with FDIC-insured deposits, large entities with commercial paper now backed by the Federal Reserve, and others who are using imaginative methods (or lobbying skills) to come under the government’s umbrella – have money costs that are minimal. Conversely, highly-rated companies, such as Berkshire, are experiencing borrowing costs that, in relation to Treasury rates, are at record levels.

Moreover, funds are abundant for the government-guaranteed borrower but often scarce for others, no matter how creditworthy they may be. This unprecedented “spread” in the cost of money makes it unprofitable for any lender who doesn’t enjoy government-guaranteed funds to go up against those with a favored status. Government is determining the “haves” and “have-nots.” That is why companies are rushing to convert to bank holding companies, not a course feasible for Berkshire.

Though Berkshire’s credit is pristine – we are one of only seven AAA corporations in the country – our cost of borrowing is now far higher than competitors with shaky balance sheets but government backing. At the moment, it is much better to be a financial cripple with a government guarantee than a Gibraltar without one.”

This is the real cost of the government bailouts. Healthy enterprises are being starved for capital. If they get it, its cost is such that the scope of the economic activity they can produce from it is limited because of what it took to get it.

This is severely hampering economic recovery. The government THINKS they are helping by making the guarantees. The truth is they are hurting healthy companies.

This just ass backwards. Healthy companies MUST have a lower borrowing cost than those who aren’t. This is what is called “unintended consequences” of government action. Try to save a few companies and then you hurt thousands more.

Disclosure (“none” means no position):None

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More Thoughts on General Growth Properties

Took the evening to digest the General Growth Properties (GGP) news. Here is what I came up with for to affirm the investing thesis of the equity (stock).

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First, here is the news (linked for those who have already read it):

So, why invest in the common stock, does bankruptcy destroy it, why aren’t lenders forcing it, will it be a Chapter 11 (reorganization) or Chapter 7 (liquidation)?

The answers are all tied up and related so lets go through it:

If (when) there is a bankruptcy filing, why 11 and not 7? The simple answer is having the second largest mall operator go into liquidation and throwing 200 million square feet of retail space up for sale would destroy the commercial real estate market. Why? The sudden supply of properties without bidders (loans still are very tough to get) would mean they would have to be placed on the market below “fire sale” prices to sell. Because of that, all other operators real estate values would fall, dramatically, and in turn, causing debt covenants for them to be tripped. That would create a cascading effect on the whole industry. For those not sure, this would be a very, very bad thing. You think you have seen write-downs in home mortgage loans at banks? Force liquidation of GGP and as the saying goes “you ain’t seen nothing yet”.

It also means the banks holding the loans on the properties would then be forced to take pennies on the dollar, very bad for them. In a Chapter 7, shareholders, debt holders and the industry as a whole suffer. No one wins.

So, if we rule out liquidation. What happens in Chapter 11? Who wins there? Here is what Bill Ackman said yesterday in the WSJ:

Some investors, however, consider a bankruptcy filing likely. Among them is activist investor Bill Ackman of Pershing Square Capital Management LLC, who bought 7.5% of General Growth’s stock in recent months and put another 18% under swap contracts in a bet that the company’s equity will survive a bankruptcy unscathed. Mr. Ackman also expects to soon get a seat on General Growth’s board.

“We think the company will ultimately have to file for bankruptcy, but we think that it’s a wholly solvent company with a liquidity problem,” Mr. Ackman said in an interview Monday. “I don’t think they’ll need to dilute shareholders. All they need to do is extend the maturities [in bankruptcy court] and they can refinance those debts as they come due.”

Now, one must know that Ackman took his stake AFTER GGP’s troubles were known. This is not a situation where we have an investor trying desperately to save a bad investment. He bought in knowing this scenario we now face was likely.

The typical bankrupcty is forced because the liabilities (debt) outsize the assets. In this case the common shareholders are wiped out. But, we know that the assets GGP has are in excess of the liabilities. In this case, even in a worse case Chapter 11, shareholders are not wiped out.

But, this goes even further. Again from Ackman “Most of the time, insolvent companies go bankrupt,” Ackman said. “It’s rare for a solvent company to go bankrupt. This is a solvent company with a liquidity problem.”

General Growth is not losing money. Rents are stable, occupancy rates are over 90% and FFO (funds from operations) remain healthy. What is the problem? Credit. GGP has loan due that they typically just rollover into longer maturities. With the current credit “lock down”, they cannot do that. That means bulk payment come due and the cash is not there. It should be noted that this is not an odd situation, this is what REIT’s typically do with their debt.

With a Chapter 11 debt holders are put in a room and told by a Judge, “we can pay you all 100% but we need to change and lengthen maturities OR we can liquidate and you can pick up scraps for pennies on the dollar”. Here are the new terms. The choice is rather obvious

The banks all recognize this too. This is the reason they have not been paid a dime since late last year and have not forced a Chapter 11 filing. They do not want to take the risk of writing down loan portfolio’s. Remember, our mark-to-market world means they just do not just write down GGP loans, they then have to write down ALL of them on their books. Again, this is very bad. So we get endless extensions to pay.

Why? The banks are riding this out. If we get MTM changes in Congress then we may see the log jam break. In that case a Chapter 11 would not have a cascading effect on their whole portfolio and restructuring the loans to again begin receiving payments makes perfect sense. They may be hoping for an economic turnaround late this year that enables GGP to sell some property to pay them off. They may all be playing a waiting game hoping someone restructures and set the bar for the rest of them that is better than a bankruptcy judge will do.

Who knows the exact reason why for each lender. We do know what they don’t want right now, a Chapter 11 filing. If they wanted it they could force it easily.

Because of the financial situation of GGP, there is no need to convert debt to equity. Restructuring the loans would allow for payments to be made, equity holders would remain intact, the banks again have performing loans on their books and everyone is happy…..VERY happy.

I think the specter of Ackman going on the board must give the banks pause and perhaps want them to restructure sooner rather than later. Then knowing he wants a Chapter 11 I am guessing will bring people to the negotiating table a bit faster…

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

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Issac: Mark-To-Market Has Destroyed $1 Trillion in Lending

William Issac, former chair of the FDIC testified before Congress on March 12th. His testimony is the most damning I have seen on the mark-to-market debate to date.
March 12, 2009

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For those who want to skip the whole testimony, here is the most striking chart (click to enlarge):

Issac’s point holds as he makes valid comparisons to the S&L Crisis of the 1980’s. Had banks been forced to MTM then, claims Issac, the recession we faced then would have been far worse and the bailouts we see today would also have happened.

When markets are not functioning properly, as they are now says Issac, MTM accounting produces “terribly inaccurate” accounting results.

It is definitely worth the read

Testimony MTM House Financial Services 3-12-09-WIsaac-Final

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Is Case-Shiller Flawed??

“Davidson” makes the case that it is indeed flawed analysis….

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Robert Shiller has made quite an impact with his various appearances in the media and his active financial consulting business heavily promoting his negative market views. I downloaded his spreadsheets with the goal of understanding his views better, but was surprised to discover serious errors in his approach. I start with his analysis of the housing data and then follow with his view of the SP500.

This is an analysis of Robert Shiller’s data downloaded from his site with out modification. His chart is inflation adjusted Housing Prices in arithmetic format. My chart below is of his Nominal Housing Price Index in semi-log format.

Price/time series of this type require semi-log analysis and clearly reveal that conditions over the series are non-uniform. The point to make with this comparison is that Prof. Shiller draws conclusions regarding housing trends from 1890-Present (Chart 1) treating the period as if the conditions affecting housing prices had been uniform. My chart below Chart 2) provides a clear indication that this is an erroneous supposition as the pre-1933 environment greatly differed from the post-1933 environment. Namely, the Banking Act of 1933 and the Glass-Steagall Act provided improved financial stability which led to a ~300% growth rate in the housing index post-1933 vs. pre-1933. No analytical method can make a valid combination of pre-1933 data and post-1933 data and hope to come to conclusions with any validity.

Prof. Shiller’s housing forecasts are simply meaningless based on the data he presents.

Chart 1: Shiller’s Inflation Adjusted Housing Index Chart arithmetic scale

Chart 2: “Davidson’s Chart of Shiller’s Nominal Housing Index in semi-log format.

Next I turned to Prof. Shiller’s analysis of the Inflation Adjusted SP500 Index and again compared his chart (Chart 3)analysis vs. the proper semi-log format unadjusted SP500 Index(Chart 4). Prof. Shiller draws conclusions and makes forecasts based on the SP500 Inflation Adjusted chart below. He assumes that uniform conditions applied throughout the period. This is shown to be a very simplistic and incorrect assumption by observation of my semi-log non-inflation adjusted plot of the SP500 below. Pre-1933 and post-1933 environments are readily observed. Again one cannot combine the pre-1933 period with the post-1933 period as he has and make any intelligible analysis much less a valid forecast.

Note that the SP500 grew ~400% faster post-1933 when compared to the pre-1933 pace.

The greatest difference in both instances of Shiller’s analyses is that the laws enacted in 1933 to protect the US financial system, greatly reduced the rate of bank failure post-1933 and the subsequent capital destruction. Prof. Shiller has failed to recognize this in his assumptions that conditions remained uniform throughout the period of his analyses. He needs to reassess his approach.

Chart 3: Shiller’s Inflation Adjusted SP500 Index

Chart 4: “Davidson’s SP500 Index unadj. From Shiller’s Data in semi-log format.

I believe Prof. Shiller’s work by this simple analysis is revealed to be considerably flawed.

Humbly submitted,

“Davidson”

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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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