Each business day HedgeCo.Net keeps you informed with the top hedge fund industry news, opinion and insight from around the globe. From the latest hedge fund launches, to the impact of regulation, competition, and investor activism - we track the topics and people that make a difference to you.
TheChronicleHerald.ca- Two U.S. private equity firms are offering about $7.8 billion — or $39 a share in cash — for Alberta-based utility TransAlta Corp., which had been under pressure by a major investor to boost its stock price.
LS Power Equity Partners and Global Infrastructure Partners presented TransAlta with a "non-binding approach" on Monday.
TransAlta said its board will "carefully consider the letter and will respond in due course."
LS Power Equity Partners is linked to Luminus Management LLC, the New York-based hedge fund that fought earlier this year to persuade TransAlta to shed assets and to load up on debt as a means to buy back shares.
LS Power president James Bartlett said in a telephone interview that the suitors are seeking a "consensual, negotiated transaction."
Boston Globe- Dozens of hedge funds and broker-dealers are scrambling to send reams of e-mails and trading records to regulators probing suspected stock price manipulation, several sources at hedge funds said.
The Securities and Exchange Commission recently sent subpoenas to more than 50 firms concerning trading in investment banks Bear Stearns, which was rescued in March, and Lehman Brothers Holdings Inc., whose shares have been hurt badly by rumors about its financial health, said four sources, who have seen the documents but were not authorized to speak about them publicly.
Among those receiving subpoenas were investment bank Goldman Sachs Group Inc. and prominent hedge fund firms SAC Capital Advisors LLC and Citadel Investment Group.
Reuters- Coca-Cola Co (KO.N) agreed to pay $137.5 million to settle a shareholder lawsuit that claimed the world’s largest soft drink maker artificially inflated sales to boost its stock price, according to court documents.
The lawsuit, filed in October 2000, claimed that in 1999 Coca-Cola had forced some bottlers to purchase hundreds of millions of dollars of unnecessary beverage concentrate in an effort to make its sales seem higher.
Bottlers use the beverage concentrate to make soft drinks.
Institutional investors, led by Carpenters Health & Welface Fund of Philadelphia & Vicinity, said the practice, known as "channel stuffing," artificially inflated Coca-Cola’s results and gave investors a false picture of the company’s health.
New York Post- New York hedge fund Ramius took a bite out of CKE Restaurants Inc. – the owner of burger joints Hardee’s and Carl’s Jr. – with a scathing letter sent to CEO Andrew Puzder.
Blasting him for the company’s "suboptimal performance," Ramius vowed to vote against Puzder and three other directors at the company’s annual meeting tomorrow because "shareholders deserve better."
Ramius is asking Puzder to outline his plans for improving the stock price, which is down 47 percent in the last year, closing at $11.98 yesterday.
Reuters- U.S. railroad CSX Corp, locked in a proxy battle with two hedge funds, urged shareholders in a letter on Tuesday to vote against the activist investor group’s proposed slate of five directors, saying they had "no plan" for the company.
"The TCI Group, which is promoting a slate of five new directors for the CSX board, has no plan and no new ideas for the company," wrote Michael Ward, chairman and chief executive of Jacksonville, Florida-based CSX. "They’ve made demands that we believe would damage CSX and impair the value of your investment — ideas such as saddling CSX with ‘junk’-rated debt or doing a leveraged buyout at $50 a share, with the stock price now in the high $60s."
Bloomberg – The annual shareholders meeting of UBS AG used to be a time for Chairman Marcel Ospel to gloat over his accomplishments. Shareholders would praise Ospel for turning a slow-growing, insular Swiss bank into a global financial powerhouse, with a stock price that rose 115 percent from January 1999 to January 2007. Just last year, Ospel bragged to shareholders about how the bank’s record profit was the result of its “smart expansion strategy.”
At UBS’s most recent annual meeting in April, shareholders cheered Ospel again. This time, though, it was when he announced his resignation. Ospel, 58, wearing a navy blue suit and bright yellow tie, didn’t flinch. Glasses resting on the end of his nose, he made a lengthy speech comparing himself to the captain of a ship emerging from a storm.
Shareholders responded that it was the chairman himself who had steered the bank into choppy waters. “Ospel is responsible for this malaise,” Gerhard Meier, a shareholder for 30 years, told investors at the meeting. In the nine months ended on March 31, UBS lost 25.4 billion Swiss francs ($24.3 billion), more than any other bank caught in the worldwide credit crunch.
Shareholders say Ospel and his fellow managers took a profitable Swiss bank and wrecked it on the shoals of structured finance and subprime mortgages.
“He built up enormous risks, which were damaging the whole organization,” says Herbert Braendli, president of Profond, a Swiss pension fund that has been selling down its holding of about 2.3 million UBS shares because it’s unhappy with the bank’s management. “He intentionally pushed it with his expansion goals.”
