Archive for September 2011

A while back Del Monte Foods agreed to be bought by KKR, with Barclays advising Del Monte on the merger. After the deal was announced, Barclays ran a go-shop period for Del Monte, which found no better bidders. The thing about that was that Barclays was providing KKR’s financing for the deal – and that KKR was paying Barclays more than Del Monte was. Some people thought that was kind of shitty, they sued, a Delaware court agreed, it enjoined the deal, a boutique bank (Perella Weinberg) had to run a second go-shop, there was a lot of weeping and wailing and judges saying things like:

Barclays secretly and selfishly manipulated the sale process to engineer a transaction that would permit Barclays to obtain lucrative buy-side financing fees. On multiple occasions, Barclays protected its own interests by withholding information from the Board that could have led Del Monte to retain a different bank, pursue a different alternative, or deny Barclays a buy-side role. Barclays did not disclose the behind-the-scenes efforts of its Del Monte coverage officer to put Del Monte into play. Barclays did not disclose its explicit goal, harbored from the outset, of providing buy-side financing to the acquirer.

It was a thing.

Now it’s going to be less of a thing:
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On Thursday, the newest tenant in Donald Trump’s 40 Wall Street, a 70-story skyscraper in Manhattan’s Financial District, will hand Mr. Trump a security deposit worth about $176,000. No money will change hands—just three 32-ounce bars of gold, each about the size of a television remote control. … “It’s a sad day when a large property owner starts accepting gold instead of the dollar,” Mr. Trump said in an interview. “The economy is bad, and Obama’s not protecting the dollar at all….If I do this, other people are going to start doing it, and maybe we’ll see some changes.” [WSJ via BI]

Once disgraced, now rehabilitated, and always mustachioed tech banker Frank Quattrone has gotten some well-deserved congratulations for convincing Google to up its bid for Motorola Mobility from $30 to $40 despite the fact that (1) MMI was trading at $24.47 and (2) there was no other bidder. So, yay. Also his firm, Qatalyst, is getting $40mm in fees (44bps of enterprise value on a ~$9bn EV deal) for 14 days of work; co-adviser Centerview, who presumably did not come up with the plan of “try asking for more money,” is getting a piddling $12.5mm.

All that and more is in Motorola’s merger proxy filed today. Also in the proxy, though, are some internal forecasts from MMI – which might help explain Qatalyst’s success, provide ammunition to Motorola shareholders unhappy with the price, and/or raise questions about the quality of MMI’s forecasting. Continue reading »

Every day from Oct. 3-Oct. 31, New York steakhouse Smith & Wollensky is literally changing the name of their restaurant to the last name of a randomly chosen guest who pledges to make Smith & Wollensky their exclusive steakhouse. And when we say, “the name of their restaurant, ” we mean on everything: the awning, the the signs, the napkins, even the knives. All you have to do is go to their website, take their pledge, and book a table and you too could see your name alongside the famous Wollensky.

O’Doyle & Wollensky? Chang & Wollensky? It could happen.

Bartz suggested that board chairman Roy Bostock lacked both balls and class for firing her over the phone rather than face to face. Dan Loeb, meanwhile, also has to question Bostock’s class after the chairman hung up on him rather than listen to hard truths like “you are unaware of what it takes to be an effective leader” and “I will pursue whatever efforts are necessary to remove you from the board.”
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Real superheroes deliver real alpha. And real alpha doesn’t come cheap:
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Opening Bell: 09.14.11

Moody’s cuts two French banks’ ratings (FT)
Christian Noyer, governor of France’s central bank, insisted on Wednesday that the country’s banks had enough capital to withstand any losses from a Greek default and said the downgrades of Crédit Agricole and SocGen were “relatively good news”.

Barroso Vows Euro-Bond Options, Countering German Concerns (Bloomberg)
“The commission will soon present options for the introduction of euro bonds,” [EC President Jose] Barroso told the European Parliament in Strasbourg, France, today, prompting applause from lawmakers who have backed the idea. “Some of these options could be implemented within the terms of the current treaty; others would require treaty change.”

Soaring Poverty Casts Spotlight on ‘Lost Decade’ (NYT)
According to the Census figures, the median annual income for a male full-time, year-round worker in 2010 — $47,715 — was virtually unchanged, in 2010 dollars, from its level in 1973, when it was $49,065, said Sheldon Danziger, professor of public policy at the University of Michigan. Those who do not have college degrees were particularly hard hit, he said. “The median, full-time male worker has made no progress on average,” Mr. Danziger said.

BNY Mellon Forex Trades Cost Pensions (WSJ)
For the Massachusetts fund, The Journal found that all or portions of 10,288 trades involving about $570 million worth of foreign-currency purchases could have been netted out at no cost with sales of the same foreign currencies the fund made on the same days. Instead, BNY reported separate purchases and sales of the currencies. The cost of those transactions to the fund was $3.2 million.

Just end it all, Russian oligarch tells eurocrats (Reuters)
“If I was a politician in Europe, I would commit suicide,” said Vladimir Potanin, who owns a 30-percent stake in Norilsk Nickel (GMKN.MM), the world’s largest nickel and palladium producer. “There is really such a big difference between the interests of different countries, I simply do not understand how you can match the interests of Germany and Greece,” said Potanin, who is ranked by Forbes as Russia’s fourth richest man with a fortune of $17.8 billion.

Lenny Dykstra co-defendants flip on former New York Mets star, taking no-jail plea deals (NYDN)
Lenny Dykstra’s co-defendants flipped on the former Mets star Tuesday, taking no-jail plea deals in return for testifying at his felony cocaine, Ecstasy and grand theft auto case. Accountant Robert Hymers, 27, and friend Christopher Gavanis, 30, copped to one felony charge each and were told by a judge their cases will be dropped to misdemeanors if they cooperate with prosecutors, pay restitution and serve 30 days of community service.
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Write-Offs: 09.13.11

$$$ Bank of America Cuts Exceed Jobs at Most Banks (Bloomberg)

$$$ US poverty reaches record levels (FT)

$$$ BRICS in Talks to Buy Euro Bonds to Help Ease Crisis (CNBC)

$$$ What happens after a Greek default (Fortune)

$$$ Give Europe Banks a TARP Program Like the US: Bove (CNBC)

$$$ JPMorgan trading revenue to fall 30% (FT)

$$$ Winklevoss twins make pistachio ad (Copyranter)

$$$ TV Remote Automatically Mutes Obnoxious Celebrities (CNN via Jezebel)
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We have reduced our funding needs in dollars and we have buffers that can use if the situation carries on. I will communicate all that to the market and I am sure we will be able to regain confidence. … The amount of money market funds, funding resources, compared with the amount of buffers, is much smaller. We have 105 billion euros of liquid assets, 80 billion available to the central banks. It is much more than the current exposure to money market funds. Even if it were to go to zero, there would be no problem – forever.
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If you’re one of Moynihan’s mini-mistmakers and a slowdown in staffing, dwindling office supplies and your MD’s refusal to make eye contact have left you convinced that you’re among the 10,000/40,000/30,000 people whose brief yet brilliant tenure at Old BAC will soon be toasted over rounds at Phil’s Tavern, you may already be thinking about your next move. And it may have occurred to you that dropping a few hundred grand for two years of team building exercises, team learning projects, team drinking challenges, and individual scamming on undergraduates might be preferable to finding another job in banking / moving back in with your parents. Well, good news: no one else has thought of that yet.
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This is legal advice:
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