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$199 3G iPhone…..Jobs Admits Early Buyers "Suckers"

How stupid do those folks who slept outside for days for a phone feel? They could have waited a year, got a better phone from apple (AAPL) for 1/3 the price….

By the way, Jobs did not actually say it but we all know “actions speak louder than words”…..

Apple finally admitted its sales strategy was a failure today having only sold 6 million phones in year 1 and only 2.4 million to date.

Here is a photo we should have seen from day one:

Jobs botched this one big time. Has this been the price from day one, he would have crushed the market and not given time for competitors (Verizon (VZ) Research in Motion (RIMM) and Sprint (S)) to get their own versions of it working. It took a market share slide to finally convince him that just because something is from Apple, people are not dumb enough to pay whatever he wants to charge. Well some are, but most aren’t.

I expected my post last night to garner
the typical Appleholic rage from supporters, I guess they are too busy licking their wounds today????

The real irony here? Even though the stock has sold off and probably will continue to do so for a while on the news, long term, this is the best thing. The phone would have NEVER been a big seller even at $399.

Disclosure (“none” means no position):Sold Apple July $280 Calls in January

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More on Lehman: Einhorn is Stil On Top of It

I have not found a reason to doubt Einhorn yet and actually, if one is following it, one must believe him more as each day passes….

Listen to what Einhorn has to say first about Lehman (LEH):

Now listen to what Faber says CFO Erin Callahan says:

Here is how it priced:

Not for nothing but where is CEO Dick Fuld? Why aren’t the media demanding he be the face of the company rather than the CFO? The company is imploding and he is sending Callahan out there for crucifixion. Why?

There comes a point in time when the guy or gal in charge need to be out in front. I mean if they will get rid of Jimmy Cayne for playing bridge, is it now ok for Fuld to hide in his office? What is the difference really?

Here is what it comes down to. Lehman now is at a point where they are either not telling the truth, or, do not have a handle on what they hold. Either is very bad for shareholders.

This is the singular reason comments from Einhorn have so much weight. He right now seems to be the only one who is both being totally honest AND has a handle on what is going on there.

Disclosure (“none” means no position):None

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Andrew Liveris (DOW) Interview: Part 3, Dow Ag

In part three we discuss Dow Ag and the agricultural sector in general including DuPont (DD) and Monsanto (MON).

Todd:
Dow Ag. Roughly a third of earnings in the most recent quarter were Dow Ag. After you sell the commodity business we are looking well in excess of that. I have not been able to find what percent of future earnings you expect them to be and what type of growth and how far out, as right now you are at about 20-25% annual EPS growth at Dow Ag. Going out 2009-2010 and beyond, to me 20% -25% EPS growth there seems sustainable if not surpassable. Accurate or no?

Andrew:
I think you are more accurate than not, remember the current % of Dow earnings is because AG is front loaded. It tends to be a first half year event for all of us because we are in the northern hemisphere and that’s whether its Dow (DOW), DuPont (DD) or Monsanto (MON). The whole year happens in the first six months. We have some southern hemisphere exposure notably Brazil and Argentina and my country Australia, but most of it is titled towards the northern hemisphere as a % of total earnings. Those numbers are distorted at this moment, but if you take the whole year and you say in ’07 Dow AG earned about 10% to 15% of Dow’s earnings but their growth rate was like you said 20 some odd percent for the last five years.

They achieved that through 2 mechanisms one of which will continue to be a big plus that will ultimate if not continue that 20% ramp up it will get very close. The first mechanism is we have been levering Dow’s considerable operational efficiencies over to Dow’s Agroscience. Even though it is a small co. $3 to $4 billion in revenue it has the power of a $50 billion co. in terms of operational excellence in its manufacturing, plants and supply chain. In its governance and share services it operates with its access to big company infrastructure, that’s number one.

That’s helped a lot of the cost line. Number two, the most exciting part is its pipeline. I mean, four years ago we made a conscious decision we said,”look, we’re never going to be a big seed co. because its too expensive, one of these days we might be able to find an answer on U.S. corn, but between now and then let’s rev up the technology engine and frankly not just in bio and seeds and traits in germplasm, but also in crop chemicals.” I don’t care what people say, GMOs will not replace crop chemicals in totality because growers will always need variety in their toolbox, its about diversity of solution and biotech cannot answer everything.

So we said “let’s put R & D in focus on the pipeline that we now have” in crop chemicals in particular things that are not just in corn, but outside of corn, in cotton, rapeoil and canola, in seed ,in soy beans and of course over range and pasture. The crop chemical R & D pipeline we have right now and what we have done in traits and in particular our new traits that we have announced plus the SmartStax agreement with Monsanto, have put us in a tremendous position. By 2010 when SmartStax gets launched, when our new traits get launched and our crop protection pipeline comes through, the R & D engine will yield real margin expansion for Dow AG.

I happen to think that Dow Ag in many ways doesn’t need to have big revenues b/c its margins at 16%, 18%, 20% bottom line margins is packing a big punch in terms of its ability to deliver margin despite its size. We’re increasing the R & D spending there. Dow Ag has a quarter of the R & D spending as a company which is a phenomenal statement when considering the size of the company we are and out thee in the future Todd we might be able to find rationalization opportunity and I will say out there, we’ll find another one. In the meantime keep making that growth story.

Todd:
That was actually the next question. Ag sector valuations are stratospheric just now.

Andrew:
Oh yea, I mean look, what were seeing now of the whole food change now started by corn and ethanol, that whole thing. Having said that, we’re seeing China, this whole point about China’s surge and as the Chinese eat more protien, eat more animals, those animals have to be nutured on agriculture, agriculture comes from feed, feed comes from corn and you know, there you go.

The food price things is real because of China’s assention and I do think that’s going to get worse before it get better and I think the world is going to have to address it. I do not know what the systems will be. I do think the poverty side of it is big. The agricultural sector and the commodity boom in agriculture is compelling valuations to stratospheres, I mean Monsanto is the great flag carrier there, they are doing great and it wasn’t long ago they were on their knees.

Disclosure (“none” means no position):Long Dow, none

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Apple's Infomercial "Get Our Best Phone for 1/2 Price"

Do you know what 1.7 out of 10 equals. The number of iPhones Apple (AAPL) has sold in 2008 (Q1) vs the goal they have set. Now news comes of drastic prices cuts. Where is that crazy English guy who does the Sunday morning infomercials? He could move a few…

Because of this, it now seams Apple has realized the obvious and will accept iPhone’s being sold perhaps even below $200 and in an effort to help carries subsidize the price cuts, will be foregoing some of the monthly revenue they receive from subscribers.

Just over a year ago, before the iPhone hit the shelves I said “a $599 phone will not gain mass acceptance no matter what is does, lower the price to $299 and you’ll have something”

Not long after the launch, Apple dropped the price of the phone to $399 and was forced to issue $100 rebates to irate folks of questionable mental functionality who waited in line for days to BUY A PHONE.

Recent news has seen Apple fall farther behind Research in Motion’s (RIMM) Blackberry in the corporate market.

If that was not bad enough, Apple lost share to both RIMM and Palm in the total market for smart phones last month. Losing share to RIMM is one things, but Palm?

Apple fans will excuse this as Job’s and co. “emptying the shelves” of the old version to get ready for the new one. Right, because Job’s MO since day one has always been about willingly falling behind the competition. A better excuse is the 3G phone is just behind schedule and someone planned poorly. Remember, we have been hearing about this coming out “any day” since January.

Why did they fall behind? A pinched consumer will not pay $400 for a phone. I can get a Blackberry Pearl for $99 and a Palm for the same. Apple fails to realize (or only now has) that they are selling a phone, not a technological revolution. When you add recent and upcoming competitive products from Verizon (VZ) and Sprint (S), you further crown a market Apple is by far the most expensive in for a strapped consumer.

Apple fan will scream “tech talk” about why the Apple offering is so superior, pretty and “cool” at the top of their lungs. Guys………..IT’S A PHONE….PERIOD. You want to get $599 for it? Stop selling iPods, them folks will have to buy it in order to listen to their music. Not really too realistic though.

Steve Jobs will hit the stage Monday and reveal the “3G” that according the Apple fans will even be able to light my grill and flip the steaks. He will also for the first time accept massive price cuts on a superior product (to the old version). If this is not an admission Job’s and Crew misjudged the market, nothing is.

Apple fans will also claim this is some sort of “master plan” from Jobs. I seem to remember when I did not want to pay $399 for a ipod, I found one for $149 with less than half the memory and one for $99 for one with almost none. At no time did I have the ability to buy a superior version for far less money. Remember, an iPhone for under $200 will be a 50% price cut.

Will Apple hit their goal now? Probably. But, it is not because of a 3G version though. It is because they will most likely finally price the phone at a price point most sane people will actually pay FOR A PHONE.

Now that is done, Apple devotees are free to yell from the roofs at me, curse, swear, threaten, and take partial sentences mix them up to try to twist what I say all in an effort to ….well…..I do not know why they are like that.

Of, course what they could just as easily say is, “when we called you a $%#&$ last year for suggesting the phone was overpriced, we were wrong and you were right”. Doubtful though….

Disclosure (“none” means no position):Sold Apple July $280 calls in January

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Apple’s Infomercial "Get Our Best Phone for 1/2 Price"

Do you know what 1.7 out of 10 equals. The number of iPhones Apple (AAPL) has sold in 2008 (Q1) vs the goal they have set. Now news comes of drastic prices cuts. Where is that crazy English guy who does the Sunday morning infomercials? He could move a few…

Because of this, it now seams Apple has realized the obvious and will accept iPhone’s being sold perhaps even below $200 and in an effort to help carries subsidize the price cuts, will be foregoing some of the monthly revenue they receive from subscribers.

Just over a year ago, before the iPhone hit the shelves I said “a $599 phone will not gain mass acceptance no matter what is does, lower the price to $299 and you’ll have something”

Not long after the launch, Apple dropped the price of the phone to $399 and was forced to issue $100 rebates to irate folks of questionable mental functionality who waited in line for days to BUY A PHONE.

Recent news has seen Apple fall farther behind Research in Motion’s (RIMM) Blackberry in the corporate market.

If that was not bad enough, Apple lost share to both RIMM and Palm in the total market for smart phones last month. Losing share to RIMM is one things, but Palm?

Apple fans will excuse this as Job’s and co. “emptying the shelves” of the old version to get ready for the new one. Right, because Job’s MO since day one has always been about willingly falling behind the competition. A better excuse is the 3G phone is just behind schedule and someone planned poorly. Remember, we have been hearing about this coming out “any day” since January.

Why did they fall behind? A pinched consumer will not pay $400 for a phone. I can get a Blackberry Pearl for $99 and a Palm for the same. Apple fails to realize (or only now has) that they are selling a phone, not a technological revolution. When you add recent and upcoming competitive products from Verizon (VZ) and Sprint (S), you further crown a market Apple is by far the most expensive in for a strapped consumer.

Apple fan will scream “tech talk” about why the Apple offering is so superior, pretty and “cool” at the top of their lungs. Guys………..IT’S A PHONE….PERIOD. You want to get $599 for it? Stop selling iPods, them folks will have to buy it in order to listen to their music. Not really too realistic though.

Steve Jobs will hit the stage Monday and reveal the “3G” that according the Apple fans will even be able to light my grill and flip the steaks. He will also for the first time accept massive price cuts on a superior product (to the old version). If this is not an admission Job’s and Crew misjudged the market, nothing is.

Apple fans will also claim this is some sort of “master plan” from Jobs. I seem to remember when I did not want to pay $399 for a ipod, I found one for $149 with less than half the memory and one for $99 for one with almost none. At no time did I have the ability to buy a superior version for far less money. Remember, an iPhone for under $200 will be a 50% price cut.

Will Apple hit their goal now? Probably. But, it is not because of a 3G version though. It is because they will most likely finally price the phone at a price point most sane people will actually pay FOR A PHONE.

Now that is done, Apple devotees are free to yell from the roofs at me, curse, swear, threaten, and take partial sentences mix them up to try to twist what I say all in an effort to ….well…..I do not know why they are like that.

Of, course what they could just as easily say is, “when we called you a $%#&$ last year for suggesting the phone was overpriced, we were wrong and you were right”. Doubtful though….

Disclosure (“none” means no position):Sold Apple July $280 calls in January

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Lehman To Raise $5 Billion

Will Lehman’s (LEH) Erin Callahan try to blame Greenlight’s David Einhorn for this one?

Despite saying the last round of capital raising they did “wasn’t really necessary”, The WSJ reports that Lehman is about to hit up investor for another $5 billion.

Lehman “is close to raising more than $5 billion of fresh capital from an array of investors including the New Jersey Division of Investment, according to a person familiar with the matter.

The move comes as the firm is set to report a second-quarter loss of more than $2 billion, this person said. Until recently, most analysts who follow Lehman have been predicting a loss of about $300 million.

On Sunday afternoon, the firm was still pulling together final details of the capital raising, which could be announced Monday or Tuesday” according to the Journal.

The additional capital will be raised through the issue of common shares. With a market cap of $17 billion, Lehman is about to dilute shareholders by around 25% -30%, ouch.

Someone will pay for this and tops on the list are the face of the company, Erin Callahan. We are in a time now that if you say “A” and “E” happens, back up your desk. For Callahan, this will not only be the first but the second time she has told investors things are ok only to go out and raise billions soon after.

Doesn’t matter how well dressed you are, time to “look for other opportunities”. At least if she plays bridge she’ll have partners in Jimmy Cayne (Bear Stearns (BSC)), Chuck Prince (Citi (CC)), Ken Thompson (Wachovia (WB)), and Stan O’Neil (Morgan Stanley (MS)).

Soon or later these folks will learn, tell the truth, even if it isn’t pretty…

Disclosure (“none” means no position):None

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Investing in Real Estate with Heebner

After all the recent real estate news, I have decided it is time to go into the sector.

Here is the thing. I lack the ability to properly value a builder (so do they it appears from recent results) and most of us investors do not have the access to some of the more esoteric products out there that can provide superior returns. When that happens, it is time to look at someone who does.

I am going with Ken Heebner at Capital Growth Management (CGM) and his CGM Realty Fund (CGMRX)

From the prospectus

Definition
A company is considered to be in the real estate industry if construction, ownership, management, financing or sales of residential, commercial or industrial real estate account for at least 50% of its gross revenues or net profits. Companies in the real estate industry include the following:
• REITs that own properties or make or invest in construction, development or long-term mortgage loans;
• housing and building materials companies;
• real estate brokers or developers; and
• companies with significant real estate holdings, including hotel chains and mining, lumber and paper companies.

Management Style.
Rather than following a particular style, the Fund’s investment manager employs a flexible approach and seeks to take advantage of opportunities as they arise. In making
an investment decision, the Fund’s investment manager will generally employ the following method:
• it uses a top-down approach, meaning that it first analyzes the overall economic factors that may affect sectors of the real estate industry and potential investments;
• it then conducts a thorough analysis of certain realty industries and companies that the investment manager believes have stable or improving prospects, evaluating the fundamentals of each on a case-by-case basis and focusing on companies that it determines are attractively valued based on price to earnings ratios and growth rates;
• the investment manager will sell a security if it determines that its investment expectations are not being met, better opportunities are available, or its price objective has been attained.

Portfolio Turnover.
The Fund’s objective is to provide a combination of income and long-term of capital and the Fund does not purchase securities with the intention of engaging in short term
trading. The Fund will, however, sell any particular security and reinvest proceeds when it is deemed prudent by the Fund’s investment manager, regardless of the length of the holding period.

Additional Information
The Fund may invest up to 20% of its total assets in debt or fixed-income securities of a quality below investment grade (i.e., securities rated lower than Baa by Moody’s Investors Service, Inc. (‘‘Moody’s’’) or lower than BBB by Standard & Poor’s Ratings Services (‘‘S&P’’), or their equivalent as determined by the investment manager)

These may include securities commonly referred to as ‘‘junk bonds’’. Investing in junk
bonds is an aggressive approach to income investing. The Fund may also invest up to 20% of its assets in repurchase agreements, by which the Fund buys securities with the understanding that the seller will buy them back with interest at a later date.

Heebner has a 38% annual return the last 5 years during both up and down real estate markets. The funds expense ration is .9% and has a $2500 minimum or $1,000 for IRA’s.

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

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"Fast Money" for Monday


MONDAY’S PICKS
None

FRIDAY’S RESULTS
Jeff Macke is bullish on Microsoft (MSFT) $28.30 CLOSE $27.49 LOSS

Guy Adami recommends getting long Intel (INTC) $23.87 after Nat Semi revenues topped expectations.CLOSE $22.90 LOSS

Pete Najarian likes Excel Maritime (EXM) $52.77 on increasing shipping rates. CLOSE $49.09 LOSS

Karen Finerman thinks J. Crew (JCG) $36.89 is a buy. CLOSE $35.02 LOSS

2008 Records:
Brian Schaeffer= 0-1
Carter Worth= 1-1
Jon Najarian= 4-3
Jeff Macke= 44-37-1
Tim Seymore= 17-14
Guy Adami= 48-37
Pete Najarian= 43-39
Karen Finerman= 42-33-1
Joe Terrenova= 1-3

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

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Andrew Liveris (DOW) Interview Part 2: US Energy Policy

In this section Mr. Liveris and I discuss US energy policy (or lack thereof) and

Todd:
US energy policy. I had several questions planned here but you have been all over TV the last week and a half answering them for me..

Andrew:
(Laughing) And I am not done yet, I am determined to shake this all loose because we are just shooting ourselves in the foot very effectively as a nation.

Todd:
There was an “American Energy Production Act” Senate Republicans just introduced recently, have you seen it?

Andrew:
The drilling one right?

Todd:
Yes, they said it would produce an estimated 24 billion barrels of oil a day and 47 trillion cubic feet of nat. gas.

Andrew:
Certainly the bill recognizes the problem. It is a Republican bill and certainly I appreciate Senator Domenici’s work on it. However, the country need a bill both Democrats and Republican can support

I was in Washington yesterday and I had meeting after meeting. I actually think I might get deported here eventually [laughter] . You know I’m just screaming from the rooftops to get real with our energy policy.

Todd:
Let’s say you left Washington and they said “this guy is right, let’s do everything he said we should”. Even if they did that and they started at the earliest next spring, after the election, what kind of lag based on your experience is it 2 years, 5 years before anything they do now actually takes hold and excess production comes online.

Andrew:
Well we went through this in 2005 with the Lease Sale 181 in the inter-continental shelf of the US. The US gulf we were told that time and I think this is still very true that there are some known fields of oil and gas that can easily be tapped into current infrastructure especially on the US gulf they could be on the street in 12-18 months. Not as big as the numbers you just quoted, because on the outer edge that would be Anwar and that could be as far away at 4-5 years because of the pipeline.

We take a window and if you said “let’s go now” I think the earliest is 18 months and the latest is five years. But something else happens which is very important. The world as speculators look at supply very differently. We have a real supply issue because demand is surging and everyone thinks that there is not enough supply. Supply is bottle-necked in two places. One is availability of actual oil and gas of course in our Country we’re not accessing it and it will take 18 months to five years to accomplish that. Overseas its ships and freight and there are not enough ships on the water to get all this oil to everyone to get all this gas to everyone. So that’s one bottleneck.

The second bottleneck is refining capacity which as you know this country won’t permit refineries. I think the only one under construction today is Valero’s (VLO) in Texas. No one wants a refinery in their back yard. So you have this ridiculous situation of Reliance building the world’s largest refinery in India and all the products are for exporting to the United States.

So those two bottlenecks will take several years, if you take those two bottlenecks out by passing laws, I think there will be an instantaneous reaction to price.

Part Three: Dow Ag

Disclosure (“none” means no position):Long Dow, None

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Berkowitz Continues Selling TAL

In an SEC filing Bruce Berkowitz of Fairholme funds continued selling TAL International (TAL) selling 24,000 shares at $26.68 bringing his total holdings down to 2.463 million shares.

It was the second SEC sale filing in a week in the company.

Disclosure (“none” means no position):None

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The Week's Top Insider Buys

The week’s top insider transaction by dollar amounts.

Community Bankers Acquisition Corp (BTC)- $4,675,000
Information Services Group Inc (III)- $3,075,000
eLoyalty Corp (ELOY)- $2,297,000
Pharmacyclics Inc (PCYC)- $2,082,000
TCF Financial Corp (TCB)- $2,009,000
Perini Corp (PCR)- $1,887,000
Marchex Inc (MCHX)- $1,815,000
Powerwave Technologies Inc (PWAV)- $1,604,000
Enterprise Products Partners L P (EPD)- $1,557,000
Align Technology Inc (ALGN)- $1,467,000
Huntsman Corp New (HUN)- $1,270,000
Dick’s Sporting Goods Inc (DKS)- $1,254,000
ev3 Inc (EVVV)- $1,066,000
Insight Enterprises Inc (NSIT)- $1,021,000

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The Week’s Top Insider Buys

The week’s top insider transaction by dollar amounts.

Community Bankers Acquisition Corp (BTC)- $4,675,000
Information Services Group Inc (III)- $3,075,000
eLoyalty Corp (ELOY)- $2,297,000
Pharmacyclics Inc (PCYC)- $2,082,000
TCF Financial Corp (TCB)- $2,009,000
Perini Corp (PCR)- $1,887,000
Marchex Inc (MCHX)- $1,815,000
Powerwave Technologies Inc (PWAV)- $1,604,000
Enterprise Products Partners L P (EPD)- $1,557,000
Align Technology Inc (ALGN)- $1,467,000
Huntsman Corp New (HUN)- $1,270,000
Dick’s Sporting Goods Inc (DKS)- $1,254,000
ev3 Inc (EVVV)- $1,066,000
Insight Enterprises Inc (NSIT)- $1,021,000

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Weekend Reading

Adam, Lehman, Barnes & Noble, Blackberry beats iPhone

– Adam Warner is a tremendous judge of writing

– They are toast

– Can’t argue

– Is anyone really surprised?

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Borders (BGP) Australian Sale Agreement

In a just filed 8-K, Borders (BGP) details the sale of it Australian stores

Full filing:
On June 4, 2008, Borders Group, Inc. (the “Company “) entered into a Sale and Purchase Agreement (the “Agreement”) with Spine Newco (NZ) Limited and Spine Newco Pty Ltd (the “Purchasers”), newly formed companies affiliated with Whitcoulls Group Holdings Pty Limited (“ARW”), pursuant to which the Company agreed to sell all of the outstanding shares of Borders Australia Pty Limited, Borders New Zealand Limited and Borders Pte. Ltd (collectively, the “Subject Subsidiaries”) to the Purchasers. Funds managed by Pacific Equity Partners Pty Limited (“PEP”) are the principal shareholders of ARW, a leading bookseller in Australia and New Zealand. The following is a summary of the principal terms of the Agreement:
1. The Purchasers will pay the following consideration to the Company:
a. a cash payment of $90.8 million at closing, subject to a final purchase price adjustment to reflect changes in working capital.

b. a deferred payment of $4.8 million, payable on or about January 1, 2009 if certain actual operating results for fiscal 2008 exceed a specified level, approximating 2007 results; and

c. a deferred payment of up to $9.6 million payable on or about March 31, 2009 if certain actual operating results for fiscal 2008 exceed a specified level.
2. The Agreement does not contain any closing conditions, and closing is to occur on or about June 10, 2008.

3. The Agreement contains customary representations, warranties and indemnification provisions.

4. Pursuant to the Agreement, the Company, either directly or through its affiliates, will enter into the following ancillary arrangements with the Purchasers and their affiliates:
a. a Brand License Deed pursuant to which, subject to the terms of such Agreement, the Company will grant to the Purchasers (for no additional cost), perpetual licenses relating to the exclusive use of the Borders trademarks in Borders stores in Australia, New Zealand and Singapore.

b. a Transition Services Agreement (the “TSA”) pursuant to which the Company will provide certain services to the Purchasers for a period of up to 12 months following the closing. The fees to be paid for such services, which will be up to approximately $2.3 million dependent upon the period for which the services are required, are intended to recover the cost of providing the services. In addition, under the agreement the Company will receive certain support services from the Subject Subsidiaries for a period of up to 9 months, up to approximately $0.2 million dependent upon the period for which the services are required.

c. a Purchasing Agreement pursuant to which the Company shall be required, subject to the terms of the agreement, to provide products to the Purchasers for up to 10 years following the closing. The purchase price for products supplied under the agreement will be the Company’s costs plus a mark-up of 3% in years 1 through 3 and 8% thereafter.
5. The Company has four outstanding lease guarantees relating to the Subject Subsidiaries and will have a contingent liability after the sale for those leasehold obligations. The Company did not guarantee the remaining leases of the Subject Subsidiaries, which remain obligations of those entities.
The amounts set forth above are shown in US dollars and, where applicable, are based upon current exchange rates.

The foregoing descriptions of the Agreement, the Brand License Deed, the Transition Services Agreement and the Purchasing Agreement do not purport to be complete and are qualified in their entirety by reference to the full text of such agreements, which are filed as exhibits to this Report and are incorporated herein by reference.
ITEM 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant
In connection with the agreements of June 4, 2008 described under Item 1.01 above, the Company has the contingent liabilities described in paragraphs 3 and 5 of Item 1.01 relating to Borders Australia Pty Limited, Borders New Zealand Limited and Borders Pte. Ltd., which are no longer affiliates of the Company. The following is information relating to the potential amounts of such liabilities:
1. With respect to the contingent lease obligations described in paragraph 5 of Item 1.01 above, based upon current rents, taxes, common area maintenance charges and exchange rates, the maximum amount of potential future payments (undiscounted) is approximately $19.3 million. The Company expects to record a charge of approximately $0.9 million in connection with these contingent lease liabilities.

2. With respect to the contingent tax obligations described in paragraph 3 of Item 1.01 above, the maximum amount of potential future payments (undiscounted) is approximately $7.2 million. The Company previously reserved for this item.

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

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The Week's Best at VIN

Here are the week’s top stories at Value Investing News

Comments on the breaking news that Moody’s will likely cut MBIA and Ambac ratings. Why now? What should these bond insurers do?

Disclosure (“none” means no position):

Todd Sullivan's- ValuePlays

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