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Mohnish Pabrai Interview

Here is an interview with the man who just paid $650,000 for lunch with Warren Buffett. It was sent to me by the interviewer and can be found at Investorguide.com

July 11, 2007

Interview conducted by Tom Murcko.

It is my privilege to bring you the following interview I recently conducted with value investing superstar Mohnish Pabrai. Mohnish is one of my favorite investors who doesn’t have the initials W.B. His investment style is similar to the low risk, high value style followed by Warren Buffett and myself, and has led his portfolios to perform marvelously since the 1990s.

How successful have his techniques been? I’ll let the numbers speak for themselves: A $100,000 investment in Pabrai Funds at inception (on July 1, 1999) was worth $722,200 on March 31, 2007. That works out to an annualized return of 29.1%, and is after all fees and expenses. Assets under management are over $500 million, up from $1 million at inception. Although a person probably can’t get into the investing hall of fame with eight years of outperformance (even if they crush the indices), Pabrai is already mentioned in most articles about the search for the next Warren Buffett, and justifiably so.

Equally important, he genuinely wants to help others become better investors, and in that spirit has just published his second book, The Dhandho Investor. The book is both illuminating and easy to read, and it deserves to be on every investor’s bookshelf next to Benjamin Graham’s The Intelligent Investor.

I felt extremely fortunate when he recently agreed to answer some questions about his investment strategy in this exclusive interview, conducted by email. I hope you find it useful, and that it inspires you to pick up a copy of his book if you haven’t already.

Happy Investing,
Tom Murcko
CEO, InvestorGuide.com

InvestorGuide: You have compared Pabrai Funds to the original Buffett parternships, and there are obvious similarities: investing only in companies within your circle of competence that have solid management and a competitive moat; knowing the intrinsic value now and having a confident estimate of it over the next few years, and being confident that both of these numbers are at least double the current price; and placing a very small number of very large bets where there is minimal downside risk. Are there any ways in which your approach differs from that of the early Buffett partnerships (or Benjamin Graham’s approach), either because you have found ways to improve upon that strategy or because the investing world has changed since then?

Mohnish Pabrai: The similarity between Pabrai Funds and the Buffett Partnerships that I refer to is related to the structure of the partnerships. I copied Mr. Buffett’s structure as much as I could since it made so much sense. The fact that it created a very enduring and deep moat wasn’t bad either. These structural similarities are the fees (no management fees and 1/4 of the returns over 6% annually with high water marks), the investor base (initially mostly close friends and virtually no institutional participation), minimal discussion of portfolio holdings, annual redemptions and the promotion of looking at long term results etc. Of course, there is similarity in investment style, but as Charlie Munger says, “All intelligent investing is value investing.”

My thoughts on this front are covered in more detail in Chapter 14 of The Dhandho Investor.

Regarding the investment style, Mr. Buffett is forced today to mostly be a buy and hold forever investor today due to size and corporate structure. Buying at 50 cents and selling at a dollar is likely to generate better returns than buy and hold forever. I believe both Mr. Munger and he would follow this modus operandi if they were working with a much smaller pool of capital. In his personal portfolio, even today, Mr. Buffett is not a buy and hold forever investor.

In the early days Mr. Buffett (and Benjamin Graham) focused on buying a fair business at a cheap price. Later, with Mr. Munger’s influence, he changed to buying good businesses at a fair price. At Pabrai Funds, the ideal scenario is to buy a good business at a cheap price. That’s very hard to always do. If we can’t find enough of those, we go to buying fair businesses at cheap prices. So it has more similarity to the Buffett of the 1960s than the Buffett of 1990s. BTW, even the present day Buffett buys fair businesses at cheap prices for his personal portfolio.

Value investing is pretty straight-forward – you try to get $1 worth of assets for much less than $1. There is no way to improve on that basic truth. It’s timeless.

InvestorGuide: Another possible difference between your style and Buffett’s relates to the importance of moats. Your book does emphasize investing in companies that have strategic advantages which will enable them to achieve long-term profitability in the face of competition. But are moats less important if you’re only expecting to hold a position for a couple years? Can you see the future clearly enough that you can identify a company whose moat may be under attack in 5 or 10 years, but be confident that that “Mr. Market” will not perceive that threat within the next few years? And how much do moats matter when you’re investing in special situations? Would you pass on a special situation if it met all the other criteria on your checklist but didn’t have a moat?

Pabrai: Moats are critically important. They are usually critical to the ability to generate future cash flows. Even if one invests with a time horizon of 2-3 years, the moat is quite important. The value of the business after 2-3 years is a function of the future cash it is expected to generate beyond that point. All I’m trying to do is buy a business for 1/2 (or less) than its intrinsic value 2-3 years out. In some cases intrinsic value grows dramatically over time. That’s ideal. But even if intrinsic value does not change much over time, if you buy at 50 cents and sell at 90 cents in 2-3 years, the return on invested capital is very acceptable.

If you’re buying and holding forever, you need very durable moats (American Express (AXP), Coca Cola (KO), Washington Post etc. (WPO). In that case you must have increasing intrinsic values over time. Regardless of your initial intrinsic value discount, eventually your return will mirror the annualized increase/decrease in intrinsic value.

At Pabrai Funds, I’ve focused on 50+% discounts to intrinsic value. If I can get this in an American Express type business, that is ideal and amazing. But even if I invest in businesses where the moat is not as durable (Tesoro Petroleum (TSO), Level 3, Universal Stainless (USAP)), the results are very acceptable. The key in these cases is large discounts to intrinsic value and not to think of them as buy and hold forever investments.

InvestorGuide: For that part of our readership which isn’t able to invest in Pabrai Funds due to the net worth and minimum investment requirements, to what extent could they utilize your investing strategy themselves? Your approach seems feasible for retail investors, which is why I have been recommending your book to friends, colleagues, and random people I pass on the street. For example, your research primarily relies on freely available information, you aren’t meeting with the company’s management, and you don’t have a team of analysts crunching numbers. To what extent do you think that a person with above-average intelligence who is willing to devote the necessary time would be able to use your approach to outperform the market long-term?

Pabrai: Investing is a peculiar business. The larger one gets, the worse one is likely to do. So this is a field where the individual investor has a huge leg up on the professionals and large investors. So, not only can The Dhandho Investor approach be applied by small investors, they are likely to get much better results from its application than I can get or multi-billion dollar funds can get. Temperament and passion are the key.

InvestorGuide: You founded, ran, and sold a very successful business prior to starting Pabrai Funds. Has that experience contributed to your investment success? Since that company was in the tech sector but you rarely buy tech stocks (apparently due to the rarity of moats in that sector), the benefits you may have derived seemingly aren’t related to an expansion of your circle of competence. But has learning what it takes to run one specific business helped you become a better investor in all kinds of businesses, and if so, how? And have you learned anything as an investor that would make you a better CEO if you ever decide to start another company?

Pabrai: Buffett has a quote that goes something like: “Can you really explain to a fish what it’s like to walk on land? One day on land is worth a thousand years of talking about it, and one day running a business has exactly the same kind of value.” And of course he’s said many times that he’s a better investor because he’s a businessman and he’s a better businessman because he is an investor. My experience as an entrepreneur has been very fundamental to being any good at investing.

My dad was a quintessential entrepreneur. Over a 40-year period, he had started, grown, sold and liquidated a number of diverse businesses – everything from making a motion picture, setting up a radio station, manufacturing high end speakers, jewelry manufacturing, interior design, handyman services, real estate brokerage, insurance agency, selling magic kits by mail – the list is endless. The common theme across all his ventures was that they were all started with virtually no capital. Some got up to over 100 employees. His downfall was that he was very aggressive with growth plans and the businesses were severely undercapitalized and over-leveraged.

After my brother and I became teenagers, we served as his de facto board of directors. I remember many a meeting with him where we’d try to figure out how to juggle the very tight cash to keep the business going. And once I was 16, I’d go on sales calls with him or we’d run the business while he was traveling. I feel like I got my Harvard MBA even before I finished high school. I did not realize it then, but the experience of watching these businesses with a front-row seat during my teen years was extremely educational. It gave me the confidence to start my first business. And if I have an ability to get to the essence of a subset of businesses today, it is because of that experience.

TransTech was an IT Services/System Integration business. We provided consulting services, but did not develop any products etc. So it wasn’t a tech-heavy business. While having a Computer Engineering degree and experience was useful, it wasn’t critical. TransTech taught me a lot about business and that experience is invaluable in running Pabrai Funds. Investing in technology is easy to pass on because it is a Buffett edict not to invest in rapidly changing industries. Change is the enemy of the investor.

Being an investor is vastly easier than being a CEO. I’ve made the no-brainer decision to take the easy road! I do run a business even today. There are operating business elements of running a fund that resemble running a small business. But if I were to go back to running a business with dozens of employees, I think I’d be better at it than I was before the investing experience. Both investing and running a business are two sides of the same coin. They are joined at the hip and having experience doing both is fundamental to being a good investor. There are many successful investors who have never run a business before. My hat’s off to them. – For me, without the business experiences as a teenager and the experience running TransTech, I think I’d have been a below average investor. I don’t fully understand how they do it.

InvestorGuide: Is your investment strategy the best one for you, or the best one for many/most/all investors? Who should or shouldn’t consider using your approach, and what does that decision depend on (time commitment, natural talent, analytical ability, business savvy, personality, etc)?

Pabrai: As I mentioned earlier, Charlie Munger says all intelligent investing is value investing. The term value investing is redundant. There is just one way to invest – buy assets for less than they are worth and sell them at full price. It is not “my approach.” I lifted it from Graham, Munger and Buffett. Beyond that, one should stick to one’s circle competence, read a lot and be very patient.

InvestorGuide: Some investment strategies stop working as soon as they become sufficiently popular. Do you think this would happen if everyone who reads The Dhandho Investor starts following your strategy? As I’ve monitored successful value investors I have noticed the same stocks appearing in their various portfolios surprisingly often. (As just one example, you beat Buffett to the convertible bonds of Level 3 Communications (LVLT)back in 2002, which I don’t think was merely a coincidence.) If thousands of people start following your approach (using the same types of screens to identify promising candidates and then using the same types of filters to whittle down the list), might they end up with just slightly different subsets of the same couple dozen stocks? If so, that could quickly drive up the prices of those companies (especially on small caps, which seem to be your sweet spot) and eliminate the opportunities almost as soon as they arise. Looked at another way, your portfolio typically has about ten companies, which presumably you consider the ten best investments; if you weren’t able to invest in those companies, are there another 10 (or 20, or 50) that you like almost as much?

Pabrai: As long as humans vacillate between fear and greed, there will be mispriced assets. Some will be priced too low and some will be priced too high. Mr. Buffett has been talking up the virtues of value investing for 50+ years and it has made very few folks adopt that approach. So if the #2 guy on the Forbes 400 has openly shared his secret sauce of how he got there for all these decades and his approach is still the exception in the industry, I don’t believe I’ll have any effect whatsoever.

Take the example of Petrochina. The stock went up some 8% after Buffett’s stake was disclosed. One could have easily bought boat loads of Petrochina stock at that 8% premium to Buffett’s last known buys. Well, since then Petrochina is up some eight-fold – excluding some very significant dividends. The entire planet could have done that trade. Yet very very few did. I read a study a few years back where some university professor had documented returns one would have made owning what Buffett did – buying and selling right after his trades were public knowledge. One would have trounced the S&P 500 just doing that. I don’t know of any investors who religiously follow that compelling approach.

So, I’m not too concerned about value investing suddenly becoming hard to practice because there is one more book on a subject where scores of excellent books have already been written.

InvestorGuide: You have said that investors in Pabrai Funds shouldn’t expect that your future performance will approach your past performance, and that it’s more likely that you’ll outperform the indices by a much smaller margin. Do you say this out of humility and a desire to underpromise and overdeliver, or is it based on market conditions (e.g. thinking that stocks in general are expensive now or that the market is more efficient now and there are fewer screaming bargains)? To argue the other side, I can think of at least two factors that might give your investors reason for optimism rather than pessimism: first, your growing circle of competence, which presumably is making you a better investor with each passing year; and second, your growing network of CEOs and entrepreneurs who can quickly give you firsthand information about the real state of a specific industry.

Pabrai: Future performance of Pabrai Funds is a function of future investments. I have no idea what these future investment ideas would be and thus one has to be cognizant of this reality. It would be foolhardy to set expectations based on the past. We do need to set some benchmarks and goals to be measured against. If a fund beats the Dow, S&P and Nasdaq by a small percentage over the long-haul they are likely to be in the very top echelons of money managers. So, while they may appear modest relative to the past, they are not easy goals for active managers to achieve.

The goals are independent of market conditions today versus the past. While circle of competence and knowledge does (hopefully) grow over time, it is hard to quantify that benefit in the context of our performance goals.

InvestorGuide: Finally, what advice do you have for anyone just getting started in investing, who dreams of replicating your performance? What should be on their “to do” list?

Pabrai: I started with studying Buffett. Then I added Munger, Templeton, Ruane, Whitman, Cates/Hawkins, Berkowitz etc. Best to study the philosophy of the various master value investors and their various specific investments. Then apply that approach with your own money and investment ideas and go from there.

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American Eagle Out…standing

ValuePlays contributor Joe Ponzio takes look into a business that Wall Street rates a “Hold” – American Eagle Outfitters (AEO).

“Shop ae.com for men’s and women’s clothes, shoes, and more.” That’s what their website says. Sounds like a pretty simple business to me – American Eagle Outfitters (AEO) sells clothes, and for roughly $25 a share, you could be in the clothing business as well.

Wall Street doesn’t want you selling clothes. The consensus on AEO is that you should not buy or sell, rather hold (and probably put the rest of your money into their mutual funds).

The Past Ten Years
Over the past ten years, AEO has grown its shareholder equity from $91 million to $1.4 billion – a median rate of 31.6% when you look at various time frames. In addition, it has grown its free cash flow at a median rate of 35.4%. If you look at it from a personal finances standpoint, that is like you doubling your net worth every 2 1/2 years and increasing your monthly savings by 35.4% a year for ten years.

Hey, you’d be rich too.

Management And Money
The company carries almost no long-term debt which is much better than if it were swimming in debt and being choked by interest payments. In addition, it has generated nearly $0.18 a year for every dollar it has invested in the company. Last I checked, business interest rates were not at 18% so AEO is doing a great job of using its (very little) debt to generate additional cash.

What You Are Buying
If you were to buy AEO today, you’d be buying your fair share of its net worth and the future cash it can generate. If the future is anything like the past, an investment in AEO makes a lot of sense…if it can be done at a “fair” or “bargain” price. Assuming it is business as usual at AEO, it is already trading at a bargain price. If AEO plugged along at the rate it has for the past ten years, then slowed to 5% growth for the next ten years, the company is worth about $149 a share. Even with a 50% Margin of Safety, AEO is anything but a “hold”.

What If It’s Not Business As Usual?
Ahhh, the quandary of analyzing a smaller, rapidly growing business. What if AEO can’t sustain its 35.4% growth in free cash flow? Should you be penalized and lose money if management or the company stumbles a bit? Besides, it is impractical to think that any company can grow its cash generation abilities at 35.4% forever.

Let’s say AEO does slow down a bit. In fact, let’s say the next ten years are only half as good as the past ten years. Let’s also say that years 11-20 slow to 5% again. Now what’s the value of AEO? To earn 15% or more on an average annual basis, today’s value of AEO would be about $52.61 a share. With a 50% Margin of Safety – a smart move when buying a smaller, rapidly growing company – AEO becomes attractive at $26.31 a share.

The Buffett-esque Result?

Simple business. Undervalued by more than 50%, assuming much slower growth. Generates a ton of cash without using a lot of capital to do so? What do you think?

So, Will Buffett Buy It?
That’s a different story. AEO only trades about 1.2 million shares a day. For Buffett to “sneak” in, he’d only be able to buy 1% of that, or roughly 12,000 shares every day. Over the course of sixty trading days – the amount of time he has to sneak into a position before he reports it to the SEC…and the rest of the world – he’d only be able to acquire about 720,000 shares, or $18 million worth. An $18 million investment is barely worth his time, considering the size of Berkshire Hathaway.

So no, I don’t expect to see AEO in Berkshire’s swelling portfolio any time soon.

Joe Ponzio blogs at F Wall Street. He owns a piece of AEO’s business, directly or indirectly.

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Buffett and Johnson & Johnson

Here is a post that was emailed to me about Buffett and Johnson & Johnson (JNJ). It is well worth the read. Here is the first paragraph:

“As of March 31, 2007, Warren Buffett’s company, Berkshire Hathaway (BRK.A), reportedly increased its holding in Johnson & Johnson (JNJ) to 48.7 million shares-an increase of 24 million shares in three months. And it’s no surprise. Forget Wall Street’s earnings, JNJ knows how to generate cash!

Buffett tells us we should look at 4- and 5-year histories to judge the performance of a company and that we should look primarily at the intrinsic value of a company and pay a fair or bargain price. Let’s follow the lead of this investing genius:”

You can read the wholepost here.

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Martin Whitman On Investment Risk

This is a great letter from Martin Whitman on avoiding investment risk. It is long and well worth the read.

AVOIDING INVESTMENT RISK

During the quarter, I read an interesting book, The Great Risk Shift, by Jacob S. Hacker, a Political Science Professor at Yale University. The gravamen of the book is that in recent years – the George Bush years – various risks, i.e., job risk, family stability risk, retirement risk and healthcare risk, have been shifted increasingly from corporations and governments onto the backs of individuals. The raison d’etre for The Great Risk Shift is to foster the creation of an ownership society where the beneficiaries of say, pension plans and health plans, take the risks that go with ownership by being responsible for investing funds with no guarantees of minimum returns.

What the proponents of this type of ownership risk fail to recognize is that the most successful owners do not take risks. They lay off the risks onto someone else. Professor Hacker’s thesis got me to thinking about investment risk in the financial community and in American business in general. Put simply, the vast majority of great individual fortunes built in this country, especially by Wall Streeters and corporate executives, were not built by people who took investment risks. Rather, the secret to building a great fortune is to avoid, as completely as possible, the taking of any investment risk. Investment risk consists of factors peculiar to a business itself, or the securities issued by that business. Investment risk is a risk separate and apart from market risk. Market risk involves fluctuations in the prices of securities and other readily tradable assets.

A directory of those in the financial community who build great fortunes by avoiding risk include the following:

• Corporate executives who receive stock options or restricted stock. If the common stock appreciates, the executive builds a substantial net worth. If the common stock does not appreciate, the executive loses nothing. Indeed, he may obtain new options at the lower strike price, or new restricted common stock.

• Members of the Plaintiffs’ Bar who bring class action lawsuits in order to earn contingency fees. The expenses involved in financing such lawsuits are minimal, and it is remote that Plaintiffs’ attorneys ever incur costs for sanctions or for paying defendant’s costs and fees. The fee awards obtained tend to be huge upon settlement of such lawsuits, or less frequently, obtaining a favorable verdict for the plaintiffs after trial.

• Initial Public Offering (“IPO”) underwriters and sales personnel. If you run a promising private company and desire to go public, you will find that many potential underwriters will compete for your business. However, as a general rule they will not compete on price. The price will be a 7% gross spread plus expenses. Thus, on a $10 IPO, the gross spread will be $0.70 per share. In contrast, to buy a $10 stock in a secondary market like the New York Stock Exchange, a customer can negotiate a commission rate of, say, $0.02 to $0.05 per share.

• Bankruptcy Professionals; Lawyers and Investment Bankers. Chapter 11 is now set up so that bankruptcy professionals have to be paid in cash, on a pay as you go basis (with only minor holdbacks), where such payments are given a super priority so that these professionals very rarely have any credit risk at all. Attorneys’ fees billed at up to $900 per hour, and investment banking fees of over $300,000 per month (plus success fees) are not uncommon.

• Money Managers, Mutual Fund Managers, Private Equity and Hedge Fund Managers. Normal fees might range from 1% of Assets Under Management (“AUM”) to 2% of AUM plus 20% of annual realized or unrealized capital gains (after a bogey, of say 6%, paid or accrued to limited partners). These fees are paid to entities which receive the cash fees without incurring any credit risk in business entities which have few physical assets and very little necessary overhead. Most hedge funds are Limited Partnerships (“LPs”) where the money manager is the General Partner (“GP”) and Outside Passive Minority Investors (“OPMIs”) are the LPs. An LP has been waggishly described as a business association where at the beginning the GP brings experience and the LPs bring money. At the end of the business association, the GP has the money and the LP has the experience.

• Venture Capitalists. These people finance a portfolio of start-ups, and then are able to realize astronomic prices on some of the portfolio companies when they occur, as they always seem to do from time to time, IPO speculative booms.

• Real Estate Entrepreneurs, especially investment builders. Two keys to making fortunes in large scale real estate projects are the availability of long-term, fixed interest rates, non-recourse financing, and income tax shelters. In terms of understanding corporate finance, economists have it all wrong when they say “there is no free lunch”. Rather, the more appropriate comment ought to be “somebody has to pay for lunch – and it isn’t going to be me.” Third Avenue is basically an OPMI. As such, it seems impossible to avoid investment risk. The methods by which TAVF attempts to alleviate investment risk are described in the remainder of this letter.

1. Buy Cheap. Warren Buffett, the Chairman of Berkshire Hathaway (BRK.A), describes his investment technique as trying to buy good companies at reasonable prices. Warren, however, is a control investor, and while a reasonable price standard has worked remarkably well for Berkshire Hathaway, that standard is not good enough for TAVF, an OPMI. The Fund has to try to buy at bargain prices, i.e., cheap. The definition of “cheap” for TAVF in acquiring common stocks in the vast majority of cases is acquiring issues at prices that reflect substantial discounts from readily ascertainable NAVs. Further, the Fund acquires such NAV common stocks only when Fund management believes that the prospects are reasonable that over the long term such NAVs will increase by not less than 10% per year compounded.

Common stock holdings which met these standards when acquired by the Fund include Toyota Industries (TM), Forest City Enterprises (FCE-A), Brookfield Asset Management (BAM), Cheung Kong Holdings, Posco and Wheelock. I doubt very much if those discount prices would have existed if any of those issues were likely to be subject to a change of control. That type of cheapness is one of the advantages of being an OPMI. Readily ascertainable NAVs means that the Third Avenue common stock portfolio is, to a large extent, concentrated in financial institutions and companies involved with income-producing real estate. Third Avenue’s portfolio contains almost no common stocks of companies engaged in old-line manufacturing.

Control investors can afford to pay up versus TAVF because control investors are in a position to undertake financial engineering, and to cause management changes. Third Avenue leaves companies as-is, and places particular efforts into buying into well-managed businesses with stable, but clearly superior, managements. This seems to have been achieved in establishing relatively large positions in the companies mentioned in the previous paragraph, as well as in acquiring large positions in Nabors Industries (NBR), Power Corp., St. Joe (JOE) and Mellon Financial. “In terms of understanding corporate finance, economists have it all wrong when they say ‘there is no free lunch’. Rather, the more appropriate comment ought to be ‘somebody has to pay for lunch – and it isn’t going to be me.’”

2. Buy Equity Interests Only in High Quality Businesses. The Fund does not knowingly acquire the common stock of any company unless that company enjoys a super strong financial position. TAVF tries to buy into reasonably well-managed companies. Fund management appreciates the fact that any relationship between al statements. OPMIs and corporate managements combine communities of interests and conflicts of interest; Third Avenue Management tries to restrict itself to situations where the communities of interest seem to outweigh the conflicts of interest. Third Avenue restricts its common stock investments to companies whose businesses are understandable to Fund management and where there exists full documentary disclosure, including audited financing

3. TAVF tries to operate on a low cost basis for its shareholders. The fiscal 2006 expense ratio was 1.08%. Third Avenue has no 12-b(1) charges, is a no-load fund and imposes no redemption fees on long-term shareholders. Since portfolio turnover is low, transaction, i.e., trading, costs, too, are low.

4. The Fund ignores market risk. Fluctuations in market prices are mostly a random walk with changes in market prices not in any way a measure of long-term investment risk, or investment potential. It is as Ben Graham used to say, “In the short run the market is a voting machine. In the long run the market is a weighing machine.” Most competent control investors, again like Warren Buffett, pretty much ignore market risk also in that little, or no, weight is given to daily, or even annual, marks to market for portfolio holdings.

5. Buy growth, but don’t pay for it. In the financial community, growth is a misused word. Most market participants don’t mean growth, but rather, mean generally recognized growth. In so far as growth receives general recognition, a market participant has to pay up. To my mind, Cheung Kong Holdings, Forest City Enterprises, Covanta and Toyota Industries are growth companies. When the common stocks were acquired, none of these issues enjoyed general recognition as having growth potential.

6. TAVF is a buy-and-hold investor. Although our entry point into a common stock is a bargain price, the Fund will continue to hold a security where Fund management believes that the business has reasonable prospects that it can, over the long run, increase annual NAV by a double digit number; and where Fund management does not
believe it made a mistake. Mistakes are measured by beliefs that there has occurred a permanent impairment in underlying value or financial position. The Fund will also sell if there is a belief that the security is grossly overpriced. Finally, the Fund will sell for portfolio considerations; i.e., where there are massive enough redemptions of Fund shares so that the liquidity of the Fund is threatened. As one can see by our sales activity during the quarter, most of our sales occur when a company is taken over.

7. The Fund does not borrow money and, thus, invests without financial leverage. Furthermore, the TAVF portfolio has a cash cushion. Usually 10% to 20% of Fund assets are in cash or credit instruments without credit risk. Obviously, an investment by you in TAVF does entail investment risk. Fund management, however, is doing the best it can to try to minimize investment risk. Toward this end, and as our business continues to grow, we thought it would be prudent to charge a senior member of our investment team with the responsibility of preserving the integrity of our research process. I am pleased to inform you that portfolio manager, Yang Lie, has been named Director of Research for Third Avenue Management. Yang has been with Third Avenue more than ten years, as both an analyst and portfolio manager, and is extremely well qualified to assist Curtis Jensen and me, as co-Chief Investment Officers, in leading the team. Research has always been at the core of what we do here at Third Avenue. Each of the 21 members of our research team is an analyst first and foremost, whether or not he or she also manages portfolios. In this new role, Yang will add structure to the organization, enabling us to manage the assets you have entrusted to us even more effectively.

I will write to you again when the report for the period to end July 31, 2007 is published.

Marin J. Whitman

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Wendy’s A Final Word

Okay, my last post on the topic as I have already spent way too much time posting on a company I have zero interest in. I do this because I think my arguments are being “summarized” in a way that does not accurately reflect the true nature of them.

In his post, Mr. Cohen states:

“The spin-off of Wendy’s from THI created value. Why? Because both organizations can now concentrate on maximizing value of their own operations. THI is a great chain that was for a long time masking the ineptitude of Wendy’s mgmt team.”

It created a shareholder profit, not value. Why could the two management’s not concentrate on doing this when the companies where together? Why is separation necessary?

Cohen: “To me, Sullivan’s argument boils down to the fact that Wendy’s (WEN) and THI should have stayed together because of the “synergies” that could be created by keeping them together.”

Yes, that and as I stated “Horton’s would have buffered Wendy’s shareholders while the management tried to fix it”

Cohen: “I think it’s mostly self-evident that there are few synergies between a Canadian doughnut chain and an American burger chain. THI has 2,700 locations in Canada and ~330 in the US. Wendy’s has about 7,000 locations in the US, and 370 in Canada. Are there really any synergies between these two in terms of “integration of logistics and getting product to locations?” I don’t really think so.

Wendy’s sells burgers and fries and meat and fish and potatoes. Horton’s sells coffee and tea and snacks and doughnuts and yes, sandwiches also. But cost savings from combined purchasing? The two chains don’t really sell similar stuff. I can see Dunkin Donuts and THI having cost savings from combined purchasing, but not a coffee & doughnut shop with a burger chain.”

Here is where his argument falls apart. Why, consider how Wendy’s is attempting to jump start sales. From Wendy’s site:

“Wendy’s is expanding its new breakfast menu to more than 75 additional restaurants in markets across the U.S. this month. This move comes after an extended test involving about 160 restaurants in five markets.

The Company is on track with the planned timing of its breakfast expansion, and expects to offer breakfast in more than 650 restaurants by the end August.

“Breakfast is the fastest growing business segment in the quick service restaurant category; and, we’re raising the bar by introducing a fresh, delicious, premium-quality breakfast menu,” said Wendy’s Chief Executive Officer and President Kerrii Anderson. “We believe it’s a better breakfast, and the positive customer reaction that we’ve received so far bears this out.”

As part of its breakfast menu, Wendy’s will be the only major quick service restaurant or convenience store chain to offer a proprietary blend of Folgers® Gourmet Selections™ coffee.”

Now, I am sorry but “Folgers” and “gourmet” belong in the same sentence only slightly more than “spam” and “gourmet” do. How much better would that sentence be with “Tim Horton’s Gourmet Coffee” instead of Folgers? How many more people would be willing to partake in a Wendy’s breakfast if the coffee they are serving did not remind them of the “extra screws” can in their father’s and grandfather’s garage? How much more “value” would Tim Horton’s coffee bring to the equation? Now, if I am out and want breakfast and coffee, I will not go to Wendy’s for the Folgers, even though I have a positive mindset towards their food quality, I will go to McDonald’s (MCD) for the Newman’s Own coffee. How many other people out there feel that way? I would argue a ton.

Cohen: ” McDonald’s introduced premium coffee that was branded McDonald’s. Wendy’s can introduce premium coffee that’s branded Wendy’s. The ability for Wendy’s to introduce premium coffee in cups that say Tim Horton’s doesn’t really justify keeping the conglomerate together. They can always license the THI name if they think it will help. If you read this Wall Street Journal article, though, you’ll see that Americans in general don’t really recognize the Tim Horton brand, so I don’t think it would really help Wendy’s to introduce Tim Horton-branded premium coffee in its 7000 US locations.”

Again, just untrue. McDonald’s coffee was not only NOT branded McDonald’s it was branded, advertised and sold as “Newman’s Own”. For proof take a look at this cup of iced coffee, if you look hard enough at the bottom you can see the McDonald’s logo, barely visible. As for American’s “not recognizing” Tim Horton’s, I would not expect folks in Tuscon, 2,000 miles away from the closest Tim Horton’s to recognize it, but, the same poll taken in areas where Horton’s does business would yield starkly different results. There is a reason Dunkin Donuts has not entered those markets yet.

Cohen: “Sullivan also claims that the Wendy’s management could have handled THI and Wendy’s together because there’s no reason why management can’t “walk and chew gum” at the same time. I would argue that if the management team (which by the way has already changed its CEO since then) couldn’t handle Wendy’s properly, they would’ve eventually screwed up THI also.”

This fails to recognize that the chains had separate management.

Cohen:”Sullivan argues that “everyone knew the burger chain was mismanaged” before the THI spin-off “and if they did not, they just did not look into the company very well before they bought shares.” I don’t really agree with that statement. Until Bill Ackman and Nelson Peltz came onto the scene, it didn’t seem like shareholders really cared about management ineptitude. Both Ackman and Peltz pushed for the spin-off to create value. Peltz, by the way, has significant experience in the restaurant field and he still holds Wendy’s shares today, indicating that he thought and still thinks that the spin added value. Now that Wendy’s is a stand-alone entity, Peltz can get his hands dirty with either fixing the company himself (which Wendy’s management is doing its best not to do) or getting it sold off. None of this would’ve happened without activist shareholders urging a spin-off. Certainly a purchase of Wendy’s would have been much harder to pull off if it was an entire conglomerate.”

I will not speak for the thousands of Wendy’s shareholders and what they did or did not think but I will say that a cursory look at the company would have revealed the burger chain was not doing very well. I will say most people knew Wendy’s was in third place in a 3 horse race vs. McDonald’s and Burger King. I will address the Peltz issue at the end.

Cohen:”As Whitney Tilson writes in this FT article (.pdf) from last year, “with the stock in the high $30s, the company?s Tim Hortons subsidiary was worth nearly the entire stock price.” Well, if that was the case, why wasn’t the stock trading higher? It all boils down to transparency. That, after all, is why spin-offs outperform the market almost all the time.”

Again, not really. Now it is true that percentage wise, spin do outperform the market. But, one cannot just blindly invest in spin offs and expect to beat the market. For instance if we have three spin offs that perform 25%, 8% and 8% and the market does 10%, the average gain for the spins was in excess of the market even though 60% of them did not beat it. I believe the actual % of spins that beat the market is around 60%, a far cry from “almost all”. Now, the transparency argument. Mr. Tilson also argues that Warren Buffett’s Berkshire Hathaway (BRK.A) is undervalued. Is there a more transparent company out there? Is Mr. Cohen advocating Berkshire start selling off assets to “unlock” this value? Or, should we wait for the market to recognize the true value of Berkshire and price shares accordingly? Isn’t this after all the very essence of Buffett’s style of value investing? Are we going to argue against his results?

Cohen:”In this case, keeping Wendy’s and THI together didn’t make sense. And hey, you don’t believe me? Ask Nelson Peltz. He has much more experience with both value investing and restaurants than either Sullivan or myself. He both supported the spin-off and continues holding the stock. I couldn’t ask for better proof than that”

What happened to Mr. Ackman? You cannot in one post trumpet Ackman’s beliefs and activism and call him a “long term investor” and then casually omit he dumped his stake in Wendy’s when you are trying to make a point about why holding Wendy’s shares is a good idea. It should also be noted that Ackman’s stake was nearly twice the size of Peltz’z current one (9% to 5.5%)and that he no longer holds Tim Horton’s shares either. Since we are throwing famous investors names around, let’s not forget George Soros dumped shares in both Wendy’s and Tim Horton’s after the spin along with Ackman.

I think the fundamental disagreement we have is what “value” means. I believe to Mr. Cohen it means “what can I get for my shares today” while to me it’s means “how much will they appreciate over the next several years”. This is why I have advocated Andrew Liveras NOT sell Dow Chemical, (DOW) because I believe the value of it long term is multiples of the $15 to $20 a share quick hit I would get from a sale. I believe Wendy’s long term would have made more money for shareholders with Tim Horton’s than without, especially when you consider the push they are making into breakfast which is what Horton’s really does well. It was a natural fit for the two.

Alas, we will never know “what could have been” for Wendy’s but one thing we do know, Ackman and Soros seem to believe the valuations of both companies no longer present investors with a “value” nor are they optimistic enough about the separate entities to continue to own shares.

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Wal-Mart (WMT): Getting Real Hard Not To Buy

In early May I did a post about Wal-Mart (WMT) in which I mainly commented on two things, the lack of a substantial share repurchase program and stores that are old and dated. Wouldn’t you know what happened next? On June 1st at the annual meeting Wal-Mart announced they were enacting a $15 billion share buyback plan and slowing the store growth to better reinvest in existing locations. Well, if that don’t get you thinking, a hugely profitable company that seems to be fixing your biggest complaints about it.

Both Warren Buffett at Berkshire Hathaway (BRK.A) and Wally Weitz at the Weitz Value Funds bought shares in the summer of 2005 at levels virtually identical to today’s prices and still hold the shares today. Now, this is not to say they made a mistake buying shares 2 years ago that have been flat, it is to say that as two of the greatest value investors ever they saw value in shares then. That value, is enhanced today. How? Earnings since that summer have increased 20% and the dividend has increased the same, yet the price you have to pay for a share of those earnings and a larger dividend check has remained virtually constant. Again, I know I have been critical of Warren lately but I have never criticized one of his picks and I challenge anyone to find where I have, I have only criticized the size of his picks.

In April I wrote “There seems to be a trend recently in former high flyers like Wal-Mart (WMT), Starbucks (SBUX) and now Home Depot (HD) to not fully recognize that they cannot continue to just grow and grow to get results. There comes a point in time where you begin to just cannibalize your own customers. Rather than focusing on their current locations and improving them and their customers experience in them, they still have an almost myopic focus on more locations. All three are experiencing discontent among many of their core customers as they have felt “neglected” or taken for granted and are leaving for competitors like Target (TGT), Dunkin’ Donuts, McDonald’s (MCD) and Lowes (LOW) whom they feel more appreciated by, who have grown smarter, and have retained what made them popular. As a result, all three are experiencing difficulty and an onslaught of negative sentiment.”

Thursday I read a post at Seeking Alpha by Whitney Tilson who echoed this sentiment in a post, “Stop pretending you’re a high-growth growth business…You’re a slow-growth business. But a slow-growth business, managed properly, producing unbelievable amounts of capital and returning capital to shareholders can be a home-run investment.”

He continued by saying Wal-Mart today reminded him of “McDonald’s 4 1⁄2 years ago, when it, too, was everyone’s favorite whipping boy, responsible for the obesity epidemic, etc. McDonald’s has engineered a remarkable turnaround thanks to slowing down growth, reinvesting in its stores, focusing on delivering better products and service to customers, improving its corporate image, spinning off ancillary businesses, rationalizing its international operations and returning capital to shareholders – all of which Wal-Mart can and should do.”

This is one of the single best analogies I have ever seen. Just brilliant and I am pissed I did not say it first. McDonald’s turned it around by providing more quality items without losing what made then great, value and service, but, can Wal-Mart do it?

My original post ended: “…when you think “cheap”, you think Wal-Mart, when you think “value”, you think Target (TGT). Want the answer to the question in the last paragraph? Thursday at the office we were debating what to do with a new work station we will need. How should we go about setting it up for a computer and where could we get a good one quick and reasonably. The first words out of two people’s mouths were? Dell (DELL) computers at Wal-Mart. Now I do recognize they are stripped down Dell’s but, they are Dell’s none the less and Dell does have a reputation of making a good computer. The point is that we can pick these Dell’s up at Wal-Mart for $699, a good “value” and people are already beginning to recognize this. It would seem someone in Bentonville getting with the program. With Wal-Mart’s ability to price items for consumers, when they flick the switch from “cheap” to “value” in consumers minds, folks will come streaming in. Just like they have been for McDonald’s.

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Berkshire Supporters and Buffett Make My Point

Every since my Berkshire (BRK.A) post last month, I have been seeing posts pop up around the internet about it. Most are incredulous that I could possibly for a second doubt Mr. Buffett. To a person their replies recite his track record despite my saying in my opening “No one will will argue or dispute his past success and what he has done for shareholders. Nor will anyone attempt to belittle the atmosphere and honesty in which he runs the organization and the culture he created.” Yet all the replies documented a history I praised. Odd. Yet almost none addressed the actual substance of my post and when they did, they unknowingly reinforced my thesis.

After almost a month of begging those who commented and emailed to give me a rebuttal, only Andy Kern at Berkshire Ruminations took me up on my offer and I thought did an excellent job. I disagree with him, but he did an excellent job none the less. Most folks chose to hide behind a car and throw snowballs. OK.

Let’s address one of those today. I tried to do it on their site but it seems they do not allow comments (at least I could not see where to place one) so it seems to be a bit of a soapbox rather than a blog (at least as I know them). I will preprint the entire post here: Title: Fear vs. Greed in Berkshire Hathaway Their comments are italicized

Every few years someone has the myopic hubris to write an article bashing Buffett’s capital allocation ability and that’s usually a decent sign that there’s a good deal of irrationality in the air:

From ValuePlays: “In the past Buffett has said, “Wait for a fat pitch and then swing for the fences.” Why isn’t he doing that? Considering the investment possibilities Berkshire has, his recent investing record is one of bunts, not big swings. He has also said in the past “if you would not buy the whole company, why would you buy a single share”? Using his own logic, I have to ask, “Warren, if you are going to invest $160 million in Home Depot, why not $1 billion?” The theory still holds, if you would not buy 100 shares why buy one share and if you would buy one share, why not a hundred of them? An investment of less than 1% of his available cash is not “swinging for the fences.”

Why isn’t he swinging for the fences, Mr. Sullivan? Maybe…because he’s actually waiting for a fat pitch before swinging!

The full context of Mr. Buffett’s “fat pitch” analogy, excerpted from the November 1, 1974 Forbes interview is particularly interesting:

“I call investing the greatest business in the world,” he says, “because you never have to swing. You stand at the plate, the pitcher throws you General Motors at 47! U.S. Steel at 39! and nobody calls a strike on you. There’s no penalty except opportunity lost. All day you wait for the pitch you like; then when the fielders are asleep, you step up and hit it.”

But pity the pros at the investment institutions. They’re the victims of impossible “performance” measurements. Says Buffett, continuing his baseball imagery, “It’s like Babe Ruth at bat with 50,000 fans and the club owner yelling, ‘Swing, you bum!’ and some guy is trying to pitch him an intentional walk. They know if they don’t take a swing at the next pitch, the guy will say, ‘Turn in your uniform.'” Buffett claims he set up his partnership to avoid these pressures.

Mr. Sullivan, respectfully, it looks like you’re the owner Mr. Buffett predicted a few decades ago would be saying “Turn in your uniform.”

Posted by Shai Dardashti at 12:01 PM

Now, Mr. Dardashti unwittingly proved my very point. No, I would not be the owner saying “turn in your uniform”. I would be the owner saying “Warren, if you are going to swing, swing for the fences!”

Far from “bashing Mr. Buffett’s capital allocation” I instead begged him to return to the very style that he has trumpeted and made shareholders unbelievably wealthy.

Let’s take his “waiting for a fat pitch” comment. If this is so, then how do we explain his recent investments in Wal-Mart (WMT), Sanofi-Aventis (SNY), Johnson & Johnson (JNJ) and Anheuser Busch (BUD) and Target (TGT)? There are more but this will suffice as he buys and sell securities in Berkshire’s portfolio regularly now so is is not like he cannot “find value” out there. None of them made a dent in Berkshire’s cash position or were substantial investments in the numbers of shares outstanding in any of the companies. All these are recent purchases (last few years), yet none of them follow the tenants both Buffett and Mr. Dardashti espouse above.

I will reiterate Buffett, “If you would not buy the whole company, why would you buy a single share?” It is clear Buffett sees or saw value in these companies when he bought shares. As a value investor, that is the reason he acts. If that is so, then these had to have been “fat pitches” or he would not have bought them, correct? According to his own words, that is the only reason to “swing”, when you get a fat pitch. Now if they were fat pitches, why didn’t he “swing for the fences”? Why? It is not a function of the number of shares available to buy as these all trade millions of shares a day. It is not a function of him running up against company induced limits like he did with his huge purchases of Coke (KO) and American Express (AXP) which make up over 30% of Berkshire’s portfolio. It is just a function of him taking “half swings” at shares. This was my complaint in my original post. Why not buy 5% or 10% of WalMart? That would have been a move from the Buffet of old and he easily could have done it.

Maybe these were not “fat pitches”? Well then why would be buy them? That is the antithesis of everything he has ever said!!

Currently Berkshire holds almost 40 positions in publicly traded companies and it’s main holdings have essentially been that way for almost 2 decades now and most new positions, despite the ability to purchase far more almost always amount to less than a 3% of Berkshire’s portfolio, again, a BUNT. I am not saying to sell the core holdings, for tax reason alone that would be a unwise move, I am saying “if you are going to swing, swing for the fences”. He has the ability but chooses not to.

Both Munger and Buffett have said their favorite holding period “is forever” yet again, recent actions contradict that as positions are trimmed every quarter.

I will conclude by letting Warren make my point. In his own words:

“Our policy is to concentrate holdings. We try to avoid buying a little of this or that when we are only lukewarm about the business or its price. When we are convinced as to attractiveness, we believe in buying worthwhile amounts.” Warren Buffett, 1978 Berkshire Hathaway Letter to Shareholders

“…if you know how to value businesses, it’s crazy to own 50 stocks or 40 stocks or 30 stocks, probably because there aren’t that many wonderful businesses understandable to a single human being in all likelihood. To forego buying more of some super-wonderful business and instead put your money into #30 or #35 on your list of attractiveness just strikes Charlie and me as madness.” Warren Buffett’s comments at the 1996 Berkshire Hathaway Annual Meeting

“The strategy we’ve adopted precludes our following standard diversification dogma. Many pundits would therefore say the strategy must be riskier than that employed by more conventional investors. We disagree. We believe that a policy of portfolio concentration may well decrease risk if it raises, as it should, both the intensity with which an investor thinks about a business and the comfort-level he must feel with its economic characteristics before buying into it. In stating this opinion, we define risk, using dictionary terms, as ‘the possibility of loss or injury.” Warren Buffett, 1993 Berkshire Hathaway Letter to Shareholders

That is the Warren Buffett I invested in and made wonderful amounts of money with. Warren today is contradicting Warren, it is not me saying it, it is him.

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June Top Stories To Date At VIN

Here we go. Is it just me or are the stories here getting better and better?

1- Sell Side Cliches– Market Prognosticator
2- Bestinver’s Paramus: Pitching Tips To Buffett Bloomburg

3- Spinoffs– Forbes

4- Lampert Buying More Sears Shares – ValuePlays

5- SAC Capital Accumulates 5.2% Stake in FreightCar America – Streetinsider style=”text-align: left;”>

You may view the whole list here:

I have receives some requests to not include articles from the MSM (main stream media) and only include those written by bloggers and the like. I go both ways on it as I am partial to bloggers but do recognize any information no matter where it comes from is valuable.

I am open to suggestions

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Berkshire Rebuttal: Andy Kern

A while back I had a post on my thought that Berkshire Hathaway’s Warren Buffett has not recently been investing like, well, Warren Buffett. There was a time when 40% of Berkshire’s assets were in 1 stock, American Express. Now before you freak I do fully realize that given Berkshire’s size today, that is not possible. My point was, given the bear market we had after 9/11 (bottoming in 2003), Buffett really has not made any meaningful investments given Berkshire’s size. Yes I know $3 billion is a lot of money, but when you have $40 billion to play with, it really isn’t. You would have though I called the Pope a sinner. Many folks replied and I have been begging for a rebuttal, actually an intelligent rebuttal I should say as I do not consider “you a moron” necessarily a rebuttal. Finally I got one:

Andy Kern, over at the aptly named Berkshire Ruminations has posted a two parter, you can read them here. Read them and decide what you think. Andy has a great blog and I am a regular reader of it, I just still disagree with him. I guess one of us will be right and the really nice thing about what we talk about, we will be able to get an answer eventually .

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Analyst: Ackman vs. Lampert Showdown Looming?

Carol Levenson, an analyst with independent research firm Gimme Credit, wrote in a note to investors Tuesday that Sears Holdings (SHLD) could be a “dark horse” target, possibly so Ackman could lobby for a Sears Canada spinoff to boost shareholder value. This is foolish

Last week, analyst Sean Egan, managing director at Egan-Jones Ratings Co., raised the speculation that Lampert might buy the 58 percent of Sears Holdings Corp. he doesn’t already own and take it private, given its poor performance. Not foolish but unlikely. Let’s address these one at a time.

In the past Ackman has made a name for himself with high profile shareholder initiatives at McDonalds (MCD) and Wendy’s (WEN). An attempt to do battle with Lampert at Sears will be a disaster for him. Unlike McDonalds and Wendy’s, Lampert controls 65 million shares of Sears or over 40% of all shares and based on the recent 10Q filed June 1st, the number of outstanding shares is decreasing, increasing his ownership percentage. Nothing, I repeat nothing will be done at Sears that Lampert does not want done. You also have to consider the stocks rise from $23 to $180 in four years. Ackman will have a tough time convincing anyone he could do better and that getting rid of Sears Canada will benefit anyone but him (he owns I believe 12% of it). If anything, shareholders will tell him to take a hike, sell Lampert (who owns 70% of it) his stake and let Eddie do his thing with it. His battle with Lampert over Sears Canada (SCC.TO) was well documented and he has profited with it’s stock price rising 50% the past year as he refused to sell his stake. Now, refusing to sell your shares and convincing Lampert to spin off his are two entirely different things.

Ackman is no dummy and he surely realizes this.

Now, for the “taking private” argument. Possible but unlikely. If Lampert has any desires to become the “next Warren Buffett”, he cannot do that with a private company. What has made Buffett iconic is that mom, pop and the next door neighbor got rich with him, a private Sears Holdings eliminates that possibility. Will he purchase more shares for himself and have Sears purchase more to decrease to count and increase EPS? Yes and he is. Good

Alas this seem to be not much more than rampant Lampert speculation….

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Value Investor News: Top Posts For May- Final

Another month has gone by and here is the final tally for the month of May.

1-Buffett Never Makes A Bet With Sucker Odds- FT.com

2- Whitney Tilson: not To Be Missed Tips- FT.com

3-Wally Weitz on Berkshire and Dell- Youtube.com

4-Seth Klarman: World Class Worrier- NYtimes.com

5-Cheap Stocks: Value Investing Congress Recap- stocksbelowncav.blogspot.com

Please visit George’s fine site, Value Investing News

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Here Comes A Wall St. Sale! Get Ready To Buy

“Wall St. is the only place where when the things people want to buy go on sale, they panic” Warren Buffett.

There was a 6% sell off in China last night and that spread into the European markets overnight. The Chinese government tripled the “stamp tax” on stock trades to 3/10 of 1% in an effort to slow down the wild speculation in their market. The global sell off will undoubtedly hit the US market today. That means if there are stocks you have wanted to buy but were hoping to get them cheaper, today may be your chance. DOW and S&P futures are both negative this morning meaning at least at the open, we are looking at red.

For ValuePlays reader that means we may get the chance to buy Lowe’s(LOW) under $30 like I speculated about yesterday. Maybe I can also buy those Citi (C) shares back at a price cheaper than I foolishly sold them for in January. If you think about it, it was reported Eddie Lampert bought them at around $54 a share, if they dip below that, I can’t think of a reason not to pick them up.

Think about the logic for just a moment. Because the Chinese government raised a tax on stock trades and folks there panicked, there is now a reason to sell US shares? By any measure the US markets is NOT overvalued. Now, you could argue it is fairly or undervalued depending on the metric you want to use but by no measure is it overvalued. That means there is no logical reason for a sell off today. Of course we do know that markets are not logical, right?!?

Altria (MO) will get whacked today if the market does and the logic must be that because Chinese investors have to pay 3/10 of 1% on stock trades now, little Johnny in Newark won’t light up this morning? Uncle Leo who goes through two packs a day will be so distraught at the plight on Chinese investors he will not be able to bring himself to smoke that first Marlboro today? Folks in the US who were going to paint their house this summer and use Sherwin Williams (SHW) paint will just hold off worrying about the poor Chinese investors? Please…………

The Chinese market is up 60% this year and is clearly in a bubble stage. Folks have been saying this for a year now. I mean when Greenspan finally comes around and recognizes the obvious, you know it is a bubble. When you have a market in a bubble, any hiccup causes a wave of fear and then a sell off and this is what you have in China. If anything, fear of a bubble there or its “popping” should cause a “flight to quality” and that is the US market.

Alas it probably will not today and that is just fine with me as it has been a while since we have had a “Wall St. Sales Event”.

Happy buying today…

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Eddie Lampert Speaks at Investor Conference

The following are remarks from Eddie Lampert, Chairman of Sears Holdings (SHLD) to a conference held at the Third Avenue Mangement Investors Conference in 2003. It should be noted that this is prior to the Sears aquisition that created the Sears Holdings we today know. It should also be noted that Third Avenue was also a large investor in Sears along with Lampert. His insights into the Kmart deal almost creates the bluprint for the reasoning of the Sears one. These items are so informative when delivered by people the likes of Lampert of Buffett. The educational value of them alone is invaluable.

Overview and Summary of
Remarks by Edward S. Lampert
Founder and Manager of ESL Investments
Delivered at
The Third Avenue Management Investor Conference and Luncheon
November 18, 2003
Summarized/Edited
by
Kaushal B. Majmudar
Managing Partner
The Ridgewood Group
(www.ridgewoodgrp.com)
[Ed. Note: Edward S. Lampert of ESL Investments is an intelligent investor that we admire. As he has traditionally maintained a low profile, we were pleased to have the opportunity to hear from him at a recent event. We hope that others seeking to learn about intelligent investing can benefit from his thoughts as much as we did. This is a selective and personal record of what he said and so should not be taken literally.] Edward Lampert: [Comes to the podium after being introduced by Marty Whitman]. I will make some brief comments and then take questions.
About ESL
I started my firm in 1988 and began investing. I was inspired by Warren Buffett’s letters while still working on the Arbitrage desk at Goldman Sachs. We consider ourselves “Aggressive Conservative” investors [Note: A lot like Marty Whitman’s “Safe and Cheap” motto]. In investing, we seek to do a few things well, namely
1.) Understand the Business
2.) Understand the People Running the Business and
3.) Get safety from the price that we pay
Generally speaking, we focus on absolute returns in making investments. By the way, past performance as a measure of quality is wildly overrated. It would make a lot more sense to place more emphasis on and think about the people that put the track record together and the quality and value of the portfolio that they are managing.
About KMART
We invested in Kmart. Kmart was one of the worst managed companies in its industry. It was clearly distressed. Marty is one of the more sophisticated distressed securities investors and he was buying.
The standard Retail Bankruptcy process model is well established. People wait until Christmas and see what happens and then close the worst performing stores. Then the company hobbles along until the following Christmas and does the same thing again closing even more stores. It can be a slow process. Surprisingly, most of the Boards of Directors that put the company into bankruptcy stay in place until the company finally emerges under new ownership [pursuant to a plan of reorganization].
In the Kmart deal, neither I nor Marty were on the board or the creditors committee initially. Meanwhile, the professionals were making $10 to $20 million PER MONTH while the company was in bankruptcy. With that kind of money coming in, there would be low incentive to push to come our immediately. ESL and 3rd Ave. spent a lot of time trying to understand the existing process. They wanted to know the Company’s plan to emerge and the goals of the creditors committees.
Finally, Brandon (??) who works with Marty at 3rd Ave got onto the creditors committee. Their agenda (ESL and 3rd Avenue’s) was to have KMART emerge out of bankruptcy as soon as possible but with little debt.
The “Experts” said that KMART would never emerge from bankruptcy. The press was also extremely critical. As much as possible, everyone let Marty deal with the press because he is so frank and his comments on the matter were dead on. Most of the players involved in the process lacked urgency. This included many banks
and landlords (except those who actually wanted their space back). Lots of the players involved also probably had conflicts to deal with.
I have learned that it often comes down to who makes the decisions and also where the benefits and consequences fall – who benefits if the decisions work and who pays the price if it does not work. The large annuity aspect for advisors making $10 to $20 million per month made it less urgent for them to make it come out of bankruptcy. It was a difficult situation and a difficult process. However, ESL and 3rd Ave were able to influence the situation. Their power and leverage came from their willingness to put more money into the reorganized company as part of the plan (this was their source of power). In the process, they were able to force the shutdown of about 300 stores.
The plan they worked out was to take out the banks with cash (using money they invested). Trade creditors actually wanted the new equity. The Company ended up coming out of bankruptcy with $1 billion in cash and no debt. Because of Kmart’s consumer nature, perception was important. Now when it emerged from bankruptcy, the experts who said that it would never happen were wrong. However, they changed their tune and now started talking about how the Company would go right back into bankruptcy, a so called “Chapter 22” filling [i.e. Chapter 11 times 2]
More recently, they have been focused on trying to improve the operations and execution by KMART. There were already policies and procedures in place that people had not been following. People made a lot of improper decisions, but actually a big part of the problem was that they had been operating with the wrong “frame” for decision making. For any company, you need to have an overarching PHILOSOPHY to guide operations for profitability.
At KMART, they are trying to instill a teaching and learning culture by going back to first principles. This is challenging because in their case, they need to communicate to 170,000 people. They are simultaneously trying to improve the look of the stores and change the employee mix. They are thinking like owners in their approach to KMART. A lot of the successful companies in retail actually had owners (i.e. owner operators).
However, it is definitely an uphill battle. The Press does not understand what is going on at KMART. However, the Customers do and they have started getting compliments (from customers) again. Still they do have a lot of challenges.
ESL was established to invest like owners. The last 20 years has been about CEO as politician (e.g. Rumsfeld/Cheney) versus CEOs as owners. There is a whole system today that supports the rights of agents instead of the rights of shareholders. The Shareholder representation system is broken. Many of the recent SEC proposals are trying to introduce reforms to better align company, management and
shareholder interests. Good managements should be paid lots and lots of money because it is a hard job, but
only if they perform. You cannot pay people irrespective of performance. KMART was helped by the owner mentality that was possible because of presence and involvement of the large interested shareholders. Activist owners like ESL and 3rd Avenue help foster the proper balance between management and shareholders. This balance benefits all shareholders and not just the agents as is so often the case [in the
status quo today].
Q&A (selective)
Q#1 Someone asked about the Capital Structure of KMART at the time of the ESL investment.
A: There was approximately $1 billion in Bank debt, $2.3 Billion in Bonds, $800M in preferred stock, and some amount of common which was essentially worthless. Also about $4 billion of trade creditors were outstanding. In contrast, in the quarter ended July 2003 (post reorganization), the company had $1.2
billion in cash. $50 million of mortgage debt and a $2.0 billion 3 year line of credit (not drawn) Also, post reorganization there were 90 million shares initially issued at around $10 per share but now trading at $27 or 28 per share for a nice gain.
Q#2 Is future profitability for KMART based on repositioning the entire strategy or just better operations?
A: A lot of KMART’s problems were self imposed. They had a lot of possible assets and a good sized customer base. However, they needed to get back to basics and EXECUTE better and deliver a better in store experience to their customers. People like winners and they give winners the benefit of the doubt. The same people
who will wait in line at WALMART because WALMART is perceived as successful would get really pissed off if they go to a KMART and have to wait. However, expectations were so low that improvement was possible.
Q #3) There seems to be a pattern of ESL making investments in retail given positions in companies like KMART, AUTOZONE, and SEARS. This seems surprising since Buffett would consider retail to be one of the not so great businesses. What do you see that Buffett does not and why do you like retail so much?
A: Actually, investing in retail for ESL has been an opportunistic thing and a relatively recent phenomenon. I would agree with you about the general characteristics of retail not being that attractive. ESL was started in 1988, but their first retail investment (probably AUTOZONE) was made in 1997 and a few other opportunities
since then.
For more on Intelligent Investing, please visit us at The Ridgewood Group(www.ridgewoodgrp.com) or give us a call at 973-544-6970. Also visit our Blog at www.ridgewoodgrp.com/blog. For more on value investing please visit www.valueinvesting.info and www.indexvalue.com.
Copyright © 2003 by Kaushal B. Majmudar

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Interview with Geoff Gannon

Recently I was interviewed by Geoff Gannon from one of my favorite sites, Gannon on Investing as part of his “20 questions” series. Please visit his site to see other “20 Questions” interviews.


Below is the transcript.

Todd Sullivan is a value investor who writes the ValuePlays blog. ValuePlays is a value investing site focusing on individual stock analysis, investing concepts, and market commentary.

Visit ValuePlays

1. Are you a value investor?

Yes.

2. What is value investing?

Purchasing a piece of a company at a price that is below a reasonable valuation.

3. What is your approach to investing?

Look for the current “red headed step children” and pick out the gems.

4. How do you evaluate a stock?

I look for industry leading companies who:

– Have a valuation that is equal to or at a small premium to other shares with a comparable earnings growth rate.

– Have a total return yield greater than the current corp. bond rates.

– Are buying back shares.

– Are increasing the dividend.

– And are increasing cash flow from operations.

All that takes about 20 minutes, if it passes those tests, I begin to dig deeper into SEC filings, annual reports, etc. Earnings call transcripts on Seeking Alpha recently have been providing me a ton of insight, not necessarily for the details, but the general “tone” of management.

5. Why do you buy a stock?

To own a piece of a company.

6. Why do you sell a stock?

The business deteriorates or its valuation becomes irrationally high.

7. What investment decision are you most proud of?

MO at the height of the litigation woes in 2003 and MCD during the “mad cow” scare of Jan 2003.

8. What investment decision do you most regret?

Selling USG in June of that year.

9. Why do you blog?

I love the market and love to write. It also makes me a better investor by forcing more detailed analysis and making me stick to my guns.

10. What’s your best post?

Did SBUX’s Donald Really say that?

Picked up in the WSJ Online

11. What’s your worst post?

SHLD: What Will Eddy Do? Just guess work. Of course if I turn out right, pure genius. 🙂

12. What financial publications do you read?

WSJ, Barons.

13. What investing blogs do you read?

Value Investing News, The Stockmasters, Seeking Alpha, Fat Pitch, Gannon, Peridot, Interactive Investor.

14. What’s the best investment book you’ve read?

“Buffett: The Making Of An American Capitalist”

15. What’s the last investment book you’ve read?

“The Intelligent Investor” – I try to read it at least once a year.

16. When did you start investing?

At 19. I’ve always loved the idea of being able to buy a piece of a company and “go along for the ride”.

17. How have you improved as an investor?

One word: Patience.

18. How do you need to improve as an investor?

Believe in my choices more, my biggest mistakes have not been picking the wrong companies but getting out too soon or not buying at all because I doubted my reasoning…. (see USG, CHD).

19. Where are the bargains in today’s market?

I am sky high on Owens Corning (OC)… SHLD: Eddie Lampert + $4 billion in the bank.

20. What’s the most interesting company we haven’t heard of?

Based on its small float and daily volume, Owens Corning. It is a leader in all its product categories, fresh off asbestos bankruptcy and just posted strong results despite the housing market and a benign hurricane season. When things turn around in those areas, they take off. Trades at about 6 times earnings.

Visit Gannon on Investing

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A Reveiw of Bogle’s "Little Book"

So here is the review. First, so that I do not error, here is the book description from the publisher:

“To learn how to make index investing work for you, there’s no better mentor than legendary mutual fund industry veteran John C. Bogle. Over the course of his long career, Bogle—founder of the Vanguard Group and creator of the world’s first index mutual fund—has relied primarily on index investing to help Vanguard’s clients build substantial wealth. Now, with The Little Book of Common Sense Investing, he wants to help you do the same.

Filled with in-depth insights and practical advice, The Little Book of Common Sense Investing will show you how to incorporate this proven investment strategy into your portfolio. It will also change the very way you think about investing. Successful investing is not easy. (It requires discipline and patience.) But it is simple. For it’s all about common sense.

With The Little Book of Common Sense Investing as your guide, you’ll discover how to make investing a winner’s game:

  • Why business reality—dividend yields and earnings growth—is more important than market expectations
  • How to overcome the powerful impact of investment costs, taxes, and inflation
  • How the magic of compounding returns is overwhelmed by the tyranny of compounding costs
  • What expert investors and brilliant academics—from Warren Buffett and Benjamin Graham to Paul Samuelson and Burton Malkiel—have to say about index investing

About the Author: JOHN C. BOGLE is founder of the Vanguard Group, Inc., and President of its Bogle Financial Markets Research Center. He created Vanguard in 1974 and served as chairman and chief executive officer until 1996 and senior chairman until 2000. In 1999, Fortune magazine named Mr. Bogle as one of the four “Investment Giants” of the twentieth century; in 2004, Time named him one of the world’s 100 most powerful and influential people, and Institutional Investor presented him with its Lifetime Achievement Award.

My two cents:

Bogle Maintains:

  1. Mutual fund investors are bound to lose (and in most cases you pay the fund manager outrageous sums to lose you money)
  2. Most investor are ill-equipped to pick individual stocks
  3. Index funds are the best way for the average person to invest in the market and reap the full benefits of the US economy.

I have some agreement and disagreements with him. I strongly agree that entrusting your money to 90% (maybe more) of mutual fund managers is a losing game long term. Some facts from the book:

  1. Between 1994 and 2004 Morningstar 5 Star (Top Rated) Funds returned 6.9% annually vs 11% for the Total Market
  2. After the market bubble of 1997-1999, the “Top 10” funds from those years plummeted. From 2000-2002, not a single one was ranked higher than 790 and they were outperformed by 95% of their peers.
  3. From 1982-1992, the top fund in each year averaged a ranking of 285 the following year.
  4. From 1995-2005 the top fund in each year averaged a ranking of 619 the following year
  5. Of the 1,400 mutual funds out there, in the last 40 years, only 1 has beaten the market for 15 consecutive years (and that streak just ended in 2006) Legg Mason Value run by Bill Miller.

That being said, if you do not want to do the homework but want to own stocks, index funds are the way to go. A caveat, there has been an explosion of these funds in the past 3 years and you can now buy an index fund for almost anything. If you truly want to mirror the results of the overall market, your only choice is an S&P index fund.

Personally, I strongly believe (and have been able to) that beating the market with individual stock picks is something people can do and you do not have to have an MBA or Harvard education to do it. According to Buffet, when it comes to investing “The business schools reward difficult complex behavior more than simple behavior, but simple behavior is more effective”.

Picking stocks is not all that difficult, people just make so.

Another Buffetism: referring to investing, “there seems to be a perverse human characteristic that needs to take simple things and make them difficult.”

We all have it in us to be successful investors, if you do not want to try, or do not have the time to dedicate to doing the necessary homework, do yourself a favor, spend the $11 for Bogle’s book (click on the link above, you can read it in a weekend and it is written for the novice investor), dump all your mutual funds and put your money into index funds…..