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Did New Cars Sales Bottom in November?

Read the following article….

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AutoLine Reports

Yes, car sales look terrible for December. But that’s if you compare sales to the same month a year ago. The market has changed so much from then that I would argue you can’t get an accurate read on what’s going on right now, if you’re only measuring today’s sales against 12 months ago. A better gauge is a running average over the last 6 months. Car sales are in a terrible state, but the bottom may actually have been reached in November. In fact, sales were up by nearly 150,000 units or nearly 20% in December vs. November.

January could be better. GM and Chrysler received the first installments on their bridge loans, which instilled some level of confidence in the market. GMAC received TARP money which will help stabilize quite a number of dealers. GM immediately began offering low interest loans and resuming national television advertising.

That’s not to say the market is on a rebound. But it may well be that we hit the low point two months ago and are starting to inch up

So, for my investment in AutoNation (AN) and Berkshire’s (BRK.A) Warren Buffett’s in CarMax (KMX) this means the 10,000 year flood may have crested and may be receding. What is left? Over a thousand fewer dealers, pent up demand and and TARP backed loans from the automakers.

Of course it is early to tell if this is a one month anomaly or a trend but this is certain, it is the first sign of good news in some time.

AutoNation CEO Mike Jackson will update investors at the end of the month when earnings are released. Expect earnings to be dismal, what is important is what he says about the current environment and what he sees going forward..


Disclosure (“none” means no position):Long AN, None
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Dow Chemical to Kuwait: "See You In Court"

I hope people are not surprised by this. The question here is not about the court case, but of how much damage Kuwait wants done to its reputation in the international community as a potential business partner.

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The News:

On December 31, 2008, Dow Chemical (DOW) received official written notice from Petrochemical Industries Company (PIC) of Kuwait that the closing must be postponed because the Kuwaiti Supreme Petroleum Council withdrew its earlier approval of the transaction. As a result, Dow has said it will seek to enforce its rights under the terms of the various agreements and the JVFA executed by Dow and PIC since the joint venture partnership was first announced in December 2007.

“We were shocked by this news, and this was completely unexpected given the approvals already received and the behavior, actions and words from our partners. We have over 1,500 documents prepared for closing for what we believed to be Day 1 of K-Dow Petrochemicals on January 2,” said Liveris. “Pursuing legal options is not a decision we take lightly, especially because of the longstanding partnerships we have established in Kuwait over the past decade, but PIC is in breach of contract, and we must take action to protect the interests of our company and our shareholders.”

Beyond K-Dow: New Partnerships, New Opportunities

Although Dow is prepared to close K-Dow immediately if PIC does indeed cure the breach of contract, the Company has already been approached by other interested parties about joint venturing with Dow for the basic plastics businesses. As a result, Dow has also announced it will establish a formal process to secure a joint venture partner to accomplish the goals of its asset light strategy. The core businesses involved in the K-Dow joint venture include strong Dow franchise businesses, among them the largest and strongest producer of polyethylene in the world. Polyethylene is the world’s largest thermoplastic and for the last several decades has grown well above global GDP.

“Prior to signing the definitive agreement with our Kuwaiti partners about the K-Dow joint venture, we had other options and partners to consider,” Liveris said. “Some of these discussions were active as recently as November, and we have already been contacted by other interested parties and have begun discussions. This can be done on an accelerated timeline due to the considerable groundwork that has already been established in anticipation of the K-Dow joint venture.”

Dow believes that the identification of an alternative joint venture partner for Dow’s basic plastics business combined with the acceleration of planned divestitures and several additional divestments that are consistent with the Company’s strategy will yield proceeds greater than the funds Dow expected to receive in connection with the K-Dow joint venture.

Now it was just three weeks ago Dow and Kuwait finalized the JV and set up shop in Michigan. It was a done deal and Dow’s action are about that.

When the Kuwait action was first announced I said: “Kuwait needs to look past today. This was the first mega scale JV in the country and based on current actions, may be the last for a while. Let’s not forget Dow currently has JV’s in Saudi Arabia, Russia, South America and China proceeding without delay or problems. The Saudi deal at Ras Tanura is nearing first stage completion. Does anyone really think Dow CEO Andrew Liveris has not picked up the phone and called them or even Dubia to inquire about another partnership?”

Today’s statement confirm’s Dow is talking to other potential partners. Who called who first is irrelevant. Dow has options.

Prediction? What Dow’s wants is the $2.5b breakup fee from Kuwait. It will then created a JV with another partner at a lower price than the $7.5b Kuwait was going to pay Dow. The new parnter gets a great deal, Dow gets its money and at the same time sticks its finger in the eye of the Kuwaities.

OR

Kuwait realizes they are doing more damage to themselves than any present deal could do, wants to avoid the discovery process in court (or Dow making public the 1500 pages of communications it has with them) that would lay bare their deception to the world and capitulates on the deal, perhaps restructuring it not for a lower prices but delaying some payments to the JV.

This is a game of chicken now and unfortunately for Kuwait, Dow has an out in another partner. Can Kuwait really afford to let the chance to get these assets go? They can’t.


Disclosure (“none” means no position):Long DOW
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Tuesday’s Links

SPR, Ford, Dow, NetFlix

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Fill It

Good Quote

– 4 Reason to own it

– This is really cool

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Monday, Bloody Monday at Borders $$

Ron Marchall has the experience, that cannot be argued. What I have not found yet are the ties to Bill Ackman and Pershing. This must be the reason for the delay in the Pershing financing agreement.

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Borders Group (BGP) today announced several management changes–including the appointment of a new Chief Executive Officer–to more aggressively drive a turnaround of the company within today’s challenging economy. Effective today, Ron Marshall, who most recently was Principal of Wildridge Capital Management, a private equity firm he founded approximately three years ago, has been appointed President and Chief Executive Officer and will serve as a Director. Marshall, 54, replaces George Jones who served in that same capacity since July 2006.

Marshall brings more than three decades of financial and retail experience to Borders Group. Prior to founding Wildridge Capital, he was Chief Executive Officer for eight years with Nash Finch Company, a $5 billion food distribution and retail organization, where Marshall was responsible for a turnaround that included the quadrupling of earnings over a six-year period as well as a 40% improvement in EBITDA over the same period. Marshall earlier helped drive a turnaround of $4 billion supermarket retailer Pathmark Stores, Inc., where he served as Executive Vice President and Chief Financial Officer from 1994 to 1998. Preceding that, Marshall served in senior management positions in a variety of retail companies including Dart Group Corporation’s Crown Books division and Barnes & Noble college bookstores.

“Progress has been made by Borders Group over recent quarters within the challenging economy to reduce debt, improve cash flow, cut expenses, enhance inventory productivity and improve margins, but it is imperative that the company more aggressively attack these initiatives to address its long-term future,” said Borders Group Board of Directors Chairman Larry Pollock. “We are confident that Ron Marshall, with his strong financial and turnaround expertise, vast retail experience and specific bookstore background, is the right choice to lead a new management team and boldly take these efforts to the next level.”

“Borders is a powerful brand with millions of loyal customers who love to shop in the stores,” said Marshall. “These are tremendous assets that can be built upon once the balance sheet is strengthened and the company is on more solid financial footing. I’ve led turnarounds at other retail organizations and look forward to leading a new management team at Borders to drive profitability and help ensure lasting success for this great name in retail.”
In accordance with New York Stock Exchange rules, Borders Group reported that it will issue to Marshall by Feb. 1, 2009 an employee inducement award consisting of options to purchase 1.8 million shares of the company’s common stock. The options vest in installments over the three-year period following Marshall’s start date. Marshall will also be issued 200,000 options at the same time with similar terms as those of the employee inducement award in accordance with the existing company shareholder-approved long-term incentive program. A full description of terms will be contained within a Form 8-K disclosure the company intends to file this week.
Other Management Changes

In addition to Marshall’s appointment as Chief Executive Officer, other management changes were announced. Mark Bierley has been named Chief Financial Officer and Executive Vice President, Finance. He replaces Ed Wilhelm, who joined Borders Group in 1994 and held the Chief Financial Officer position for the past eight years. Wilhelm will stay on with the company for a transition period. Bierley has more than 20 years of financial and accounting experience and has been with Borders Group since 1996. He has progressed through a variety of management positions within the company, including inventory and financial posts, and most recently served as Senior Vice President, Finance.

Anne Kubek has been appointed Executive Vice President, Merchandising and Marketing. In that position, she replaces Rob Gruen, who is leaving Borders Group after approximately two years. Kubek has been with the company since 1990, beginning her career as an assistant manager of the Borders store in Rockville, Maryland, and progressing through a series of management positions within the store organization. She came to the corporate office in 1996 and over the years has served as Vice President, Field Human Resources; Vice President, Book Merchandising; Vice President, Borders Store Operations and most recently as Senior Vice President, Borders Stores, a post she has held since 2005.

Additionally, Dan Smith has been named to the new position of Chief Administrative Officer. Smith, who has been with Borders Group since 1995 in a variety of leadership roles, including his most recent position as Executive Vice President, Human Resources, retains his current responsibilities, but also takes on leadership of the company’s information technology group, which is headed by Chief Information Officer Susan Harwood, who remains with the company.
“The Board is pleased to bring forth the considerable talents of individuals with strong track records, well-rounded experience and tremendous industry knowledge within Borders Group to contribute in even more significant ways to the company under the leadership of Ron Marshall,” Pollock added. “This is a great team with outstanding skills. We are confident that they will keep the company moving on the right path toward what can ultimately be a strong long-term future.”

Sales Results-Holiday 2008

Borders Group also released its sales results for the nine-week holiday period ended Jan. 3, 2009. Total consolidated sales were $868.8 million, an 11.7% decline compared to the same period last year. Within the Borders superstore segment, total sales for the holiday period were $652.6 million, which is a 13.6% decrease compared to 2007. Comparable store sales at Borders superstores declined by 14.4% compared to the same period a year ago. On a same-store sales basis, the book category at Borders declined by 11.0% for the period. Borders.com sales for the nine-week holiday period were $20.3 million. Overall, holiday sales started slow and improved during the latter part of the season.

Within the Waldenbooks Specialty Retail segment, total sales for the holiday period were $161.7 million, a 16.4% decrease compared to the same period one year ago. Comparable store sales for Waldenbooks declined by 8.0% compared to holiday 2007.

Total International segment sales were $34.3 million for the period, a 1.4% decrease compared to the same period a year ago. Comparable store sales at Paperchase stores in the U.K. decreased by 6.5% for the holiday period year over year.

“While our recent holiday sales results reflected the difficult retail environment and additional challenges within specific categories of our business, the company’s sales performance and cash generation were within the range of our internal financial plans for the holiday period,” said Borders Group Chief Financial Officer Mark Bierley. “We continue to aggressively implement the range of initiatives that we launched in mid-2008, which have allowed us to reduce expenses and improve working capital to drive improved cash flow and debt reduction.”

Is this a desperation move? Don’t think so. I think it is more of a “Jones took us as far as he could” and now someone else is needed to complete the transition. George Jones did a good job digging the company out of the hole his predecessor left him.

Marshall brings fresh eyes to the situation and a background from PE that inevitably will bring some creative solutions that the company needs to navigate the current credit markets.

Not selling, holding pat…


Disclosure (“none” means no position):Long BGP
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Wilbur Ross.."Economy Will Not Stabilize Until Housing Does"

In his own words…

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We are clearly in a serious recession, and more aggressive action is needed to turn things around. The federal government initially underestimated the scale of the mortgage and housing crises and later panicked into an ever-changing series of ad hoc measures that at best dealt with some of the effects of the original crises. But homeowners have now lost $5 trillion, and 12 million families have mortgages in excess of the value of their homes. Therefore the economy will not stabilize until mortgages are adjusted down to the value of homes, with affordable payment schedules, and until new mortgages become available across the home-price spectrum. Till then, the poverty effect of falling house prices and unemployment moving up toward 7% will hold consumer spending back from its former 70% contribution to our economy.

I’m optimistic about the choices that President-elect Obama has made for his economic team, and I’ve got some suggestions for what they should do. Hopefully the new Treasury Secretary, Tim Geithner, will incentivize lenders to restructure mortgages by guaranteeing half of the reduced principal amount and sharing among the government, homeowners, and lenders any subsequent appreciation. Lenders would gain liquidity by selling the Treasury-guaranteed portion of the loan, and government would receive annual insurance premiums to further protect it against loss. That would cost taxpayers nothing now and probably little or nothing in the future.

Addressing unemployment is paramount. Detroit needs government support in order to implement independently verified concessions from all stakeholders – not just labor – which are sufficiently large to permit profitable operations even if auto sales remain as low as 11 million cars per year. A pre-negotiated bankruptcy may be necessary in order to implement the restructuring, but both the industry and the economy are too fragile to withstand the domino effect that a free-fall bankruptcy would have on a car company, its dealers, and its suppliers.

In addition, to avoid reversal of the 242,000 jobs created by state and local governments in the past 12 months, Washington should provide or guarantee funding for sorely needed infrastructure projects that would create immediate construction jobs and meaningful amounts of permanent jobs.

If President Obama promptly and decisively resolves these problems, whether or not he adopts my recommendations, and restores public confidence, he can end the recession by early 2010. If not, the economy will languish for a long time. Given the economic uncertainty, investors who are too worried to buy equities might consider tax-exempt bonds with yields around 6%, equivalent to almost 10% before federal, state, and local taxes. Investors who want to hedge the risk that federal deficits might lead to longer-term inflation and drive up interest rates, causing these bonds to decline, might buy some TIPS, or Treasury inflation-protected securities, as well. TIPS are U.S. Treasury bonds whose principal amount varies with consumer price indexes to provide holders with a rate of return in constant dollars. TIPS prices currently imply near-term deflation, and that means that they would appreciate in value if inflation comes back.

At my firm, we’ve been starting to invest in some distressed financial companies. That seems as if it will work out reasonably well, because they’re very, very cheap. The financial services sector is kind of where the problems started, and it’s probably going to need to be fixed in order for the problems to be resolved. We see opportunities there.


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Pershing Betting General Growth (GGP) Goes Under $$

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Reuters Reports:

Hedge fund Pershing Square Capital Management, one of General Growth Properties Inc’s GGP.N biggest shareholders, is betting the No. 2 U.S. mall owner will file for bankruptcy — and equity investors will end up big winners, a person familiar with the firm’s thinking said.

Pershing Square declined to comment. General Growth, whose top properties include Fashion Show in Las Vegas and Faneuil Hall in Boston, declined to comment.

Bankruptcy usually leaves stock investors with plenty of nothing, but General Growth is an unusual case. It has almost $30 billion of assets on its books, and just about $27 billion of debt.

But most of the company’s real estate assets are recorded on its books at their historical value, and many were bought years ago, meaning their value now is likely substantially higher. The company’s problems are not with its assets, but with refinancing maturing debt in frozen markets.

Historically, companies whose assets are worth much more than their liabilities have gone through bankruptcy in a way that leaves shareholders intact, which is what Pershing Square is banking on, the person familiar with the firm’s thinking said.

It continues

General Growth is not the first company to \find itself in this bind. Amerco Inc (UHAL.O), parent of moving truck rental company U-Haul International Inc, filed for bankruptcy in 2003 after a dispute with its former auditor and multiple accounting restatements left it unable to refinance debt.

The company listed $1.04 billion of assets and $884 million of liabilities in its bankruptcy filing, and had considerably more assets off its balance sheet as well. Its shares tripled during bankruptcy, and rose more than fourfold after it emerged from bankruptcy in 2004.

Pershing Square sees parallels between Amerco and General Growth. The founding families of both companies own substantial blocks of stock, giving them a real incentive to refrain from diluting shareholders’ stakes during bankruptcy.

And General Growth is still generating more than enough cash flow to service its debt and meet other day-to-day obligations, just as Amerco was. Pershing Square views General Growth as having trouble refinancing its debt due to broader difficulties in the commercial mortgage market in the weeks after Lehman’s Chapter 11 filing.

It all makes much more sense now. It is also the most likely reason Citi (C) balked at restructuring GGP dent even though they own 5.3 of the shares. They, like Pershing probably perceive more value during and post bankruptcy that without..


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Ben Graham’s "Net Current Asset Value"

From Tweedy -Browne..

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ASSETS BOUGHT CHEAP
BENJAMIN GRAHAM’S NET CURRENT ASSET VALUE STOCK SELECTION CRITERION
The net current asset value approach is the oldest approach to investment in groups of securities with common selection characteristics of which we are aware. Benjamin Graham developed and tested this criterion between 1930 and 1932.

The net current assets investment selection criterion calls for thepurchase of stocks which are priced at 66% or less of a company’s underlying current assets (cash,receivables and inventory) net of all liabilities and claims senior to a company’s common stock (currentliabilities, long-term debt, preferred stock, unfunded pension liabilities).

For example, if a company’scurrent assets are $100 per share and the sum of current liabilities, long-term debt, preferred stock, and unfunded pension liabilities is $40 per share, then net current assets would be $60 per share, and Grahamwould pay no more than 66% of $60, or $40, for this stock. Graham used the net current asset investmentselection technique extensively in the operations of his investment management business, Graham-Newman Corporation, through 1956.

Graham reported that the average return, over a 30-year period, ondiversified portfolios of net current asset stocks was about 20% per year.In the 1973 edition of The Intelligent Investor, Benjamin Graham commented on the technique:”It always seemed, and still seems, ridiculously simple to say that if one can acquire adiversified group of common stocks at a price less than the applicable net current assetsalone — after deducting all prior claims, and counting as zero the fixed and other assets –the results should be quite satisfactory.”

In an article in the November-December 1986 issue of Financial Analysts Journal, “Ben Graham’s Net Current Asset Values: A Performance Update,” Henry Oppenheimer, an Associate Professor of Finance atthe State University of New York at Binghamton, examined the investment results of stocks selling at orbelow 66% of net current asset value during the 13-year period from December 31, 1970 throughDecember 31, 1983.The study assumed that all stocks meeting the investment criterion were purchased on December 31 ofeach year, held for one year, and replaced on December 31 of the subsequent year by stocks meeting the same criterion on that date.

To create the annual net current asset portfolios, Oppenheimer screened theentire Standard & Poor’s Security Owners Guide. The entire 13-year study sample size was 645 netcurrent asset selections from the New York Stock Exchange, the American Stock Exchange and the over-the-counter securities market. The minimum December 31 sample was 18 companies and the maximum December 31 sample was 89 companies.

The mean return from net current asset stocks for the 13-year period was 29.4% per year versus 11.5%per year for the NYSE-AMEX Index. One million dollars invested in the net current asset portfolio onDecember 31, 1970 would have increased to $25,497,300 by December 31, 1983. By comparison,$1,000,000 invested in the NYSE-AMEX Index would have increased to $3,729,600 on December 31,1983.

The net current asset portfolio’s exceptional performance over the entire 13 years was notconsistent over smaller subsets of time within the 13-year period. For the three-year period, December31, 1970 through December 31, 1973, which represents 23% of the 13-year study period, the mean annualreturn from the net current asset portfolio was .6% per year as compared to 4.6% per year for the NYSE-AMEX Index.The study also examined the investment results from the net current asset companies which operated at aloss (about one-third of the entire sample of firms) as compared to the investment results of the netcurrent asset companies which operated profitably.

The firms operating at a loss had slightly higherinvestment returns than the firms with positive earnings: 31.3% per year for the unprofitable companiesversus 28.9% per year for the profitable companies.Further research by Tweedy, Browne has indicated that companies satisfying the net current assetcriterion have not only enjoyed superior common stock performance over time but also often have beenpriced at significant discounts to “real world” estimates of the specific value that stockholders wouldprobably receive in an actual sale or liquidation of the entire corporation.

Net current asset value ascribes no value to a company’s real estate and equipment, nor is any going concern value ascribed to prospectiveearning power from a company’s sales base. When liquidation value appraisals are made, the estimated”haircut” on accounts receivable and inventory is often recouped or exceeded by the estimated value of acompany’s real estate and equipment. It is not uncommon to see informed investors, such as a company’sown officers and directors or other corporations, accumulate the shares of a company priced in the stockmarket at less than 66% of net current asset value. The company itself is frequently a buyer of its own shares.

Common characteristics associated with stocks selling at less than 66% of net current asset value are lowprice/earnings ratios, low price/sales ratios and low prices in relation to “normal” earnings; i.e., what thecompany would earn if it earned the average return on equity for a given industry or the average netincome margin on sales for such industry. Current earnings are often depressed in relation to priorearnings.

The stock price has often declined significantly from prior price levels, causing a shrinkage in acompany’s market capitalization.

I can email the full report (53 pages .pdf) for those who want it. Simply email me and ask for it


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Jim Rogers on 2009

Do not read this if easily upset…

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We are in a period of forced liquidation, which has happened only eight or nine times in the past 150 years. The fact that it’s historic doesn’t make it any more fun, of course. But it is a pretty interesting time when there is forced selling of everything with no regard for facts or fundamentals at all. Historically, the way you make money in times like these is that you find things where the fundamentals are unimpaired. The fundamentals of GM are impaired. The fundamentals of Citigroup are impaired.

Virtually the only asset class I know where the fundamentals are not impaired – in fact, where they are actually improving – is commodities. Farmers cannot get a loan to buy fertilizer right now. Nobody’s going to get a loan to open a zinc or a lead mine. Meanwhile, every day the supply of commodities shrinks more and more. Nobody can invest in productive capacity, even if he wants to. You’re going to see gigantic shortages developing over the next few years. The inventories of food worldwide are already at the lowest levels they’ve been in 50 years. This may turn into the Great Depression II. But if and when we come out of this, commodities are going to lead the way, just as they did in the 1970s when everything was a disaster and commodities went through the roof.

What I’ve been buying recently is agricultural commodities. I’ve also been buying more Chinese stocks. And I’m buying stocks in Taiwan for the first time in my life. It looks as if there’s finally going to be peace in Taiwan after 60 years, and Taiwanese companies are going to benefit from the long-term growth of China.

I have covered most of my short positions in U.S. stocks, and I’m now selling long-term U.S. government bonds short. That’s the last bubble I can find in the U.S. I cannot imagine why anybody would give money to the U.S. government for 30 years for less than a 4% yield. I certainly wouldn’t. There are going to be gigantic amounts of bonds coming to the market, and inflation will be coming back.

In my view, U.S. stocks are still not attractive. Historically, you buy stocks when they’re yielding 6% and selling at eight times earnings. You sell them when they’re at 22 times earnings and yielding 2%. Right now U.S. stocks are down a lot, but they’re still very expensive by that historical valuation method. The U.S. market is yielding 3% today. For stocks to go to a 6% yield without big dividend increases, the Dow will need to go below 4000. I’m not saying it will fall that far, but it could very well happen. And if it gets that low and I’m still solvent, I hope I’m smart enough to buy a lot. The key in times like these is to stay solvent so you can load up when opportunity comes.


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Monday’s Links

Sears, Oil, Futures, Op-Ed

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– Not this bad

Oil ETF’s

Over $60

A classic

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Friday’s Links—-ETF’s

OIL, Real Estate, Triple, Rogers

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10 reasons

real estate

– Triple exposure

– Easy way to follow

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Thursday"s Links

Buffett, Madoff

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– Great informational page

The victim list

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Happy and Safe New Year Wishes

May your 2009 be better than your 2008…

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Tuesday’s Links

Retailers, Rich folks, More retail, Jones

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1/4 gone?

Spending less

– What to buy then?

– Its stock is cheaper than its product


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Thoughts on Kuwait Reneging on Dow Chemical JV

I have a call schedule later today with Dow folks and will hopefully have more. The question Kuwait has to ask itself now is, “Who in their right mind will commit to a deal with us now?”……Do they think they are the only country with oil fields?

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Here is the news:

Now Dow’s dividend is being called into question:

The possible effect on the Rohm & Hass (ROH) deal

Kuwait needs to look past today. This was the first mega scale JV in the country and based on current actions, may be the last for a while. Let’s not forget Dow currently has JV’s in Saudi Arabia, Russia, South America and China proceeding without delay or problems. The Saudi deal at Ras Tanura is nearing first stage completion. Does anyone really think Dow CEO Andrew Liveris has not picked up the phone and called them or even Dubia to inquire about another partnership?

Let’s move outside of Dow. If you were GE (GE) or another oil or chemical major, how eager are you now to call Kuwait to form any type of partnership? Kuwait does not seem to understand they do not have all the oil, they do not have the technical expertise they would have received from Dow.

The dividend…………it is Liveris’s words now. It cannot be cut. He has staked his reputation and word on its safety.

Rohm & Hass (ROH). Liveris has spent the last few years fixing Dow’s balance sheet. I’m not convinced to advantages of buying Rohm at these prices justifies the damage that would be done to it now without the Kuwait money. Let’s be honest, nobody in their right mind is going to buy Rohm at these prices anytime soon (2 years) anyway. That is a tactic that can be used to lower the price. If Dow walks away and pays the $750 million breakup fee, that comes to 5% of the deal price. If Rohm goes back on the market, they will be lucky to get the 40% discount the shares are currently trading at to the deal price.

If Dow walks, Rohm shareholders suffer far more that Dow’s do. I think it is safe to say the current depressed Dow share price reflects the pessimism over the deal today, getting rid of the deal ought to boost share price.

As bad as it does seem, Dow does have some leverage. Rohm needs the deal currently more than Dow does. Dow could also do considerable damage to Kuwait’s reputation in the business community should it choose to fight for the $2.5 billion breakup fee as in a court hearing, all internal communications will become public and the meaningless assurances from Kuwait will be known to all. I’m not sure Kuwait really understands how much trust is involved in business and without it, how difficult it will become to do future deals.

The best thing for all parties is for both deals to get done in some form…


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Marty Whitman and Jean-Marie Eveillard (video) $$

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