Saturday, June 13, 2009

Sprint to sell part of network on court ruling

Sprint Nextel Corp (S.N: Quote, Profile, Research, Stock Buzz) said on Friday it was looking to sell parts of its network assets to comply with an Illinois court ruling requiring it to sell or shut down its iDEN network.

The news sent shares of affiliate company iPCS Inc (IPCS.O: Quote, Profile, Research, Stock Buzz) down more than 20 percent, as the move dashed hopes that it could be acquired by Sprint as a way to resolve their iDEN legal battle.

Sprint took on the iDEN network when it acquired Nextel Communications in 2005.

But an Illinois court ruled earlier this year that the Nextel deal violated Sprint's exclusivity agreement with iPCS, and ordered the company to cease owning or operating the iDEN network in parts of Illinois, Iowa, Michigan and Nebraska, where iPCS operates.

Sprint's shares rose 4.13 percent to $5.29 as investors saw the move as a step towards resolving its troubles with iPCS. Shares of iPCS, however, tumbled 21.6 percent to $14.93 as Sprint's move disappointed some investors who had bet on Sprint acquiring iPCS as one way to resolve the matter.

"If Sprint is able to find a buyer, this is obviously bad for iPCS shareholders," said Hudson Square Research analyst Todd Rethemeier.

A source with knowledge of the situation said there were already interested parties, although analysts --including Rethemeier-- said any bid was unlikely to be very high as Sprint was losing iDEN customers.

Sprint last year looked into selling its iDEN network but gave up that plan amid a tightening credit market, and instead has outlined plans to rejuvenate that business with new calling plans.

The company said on Friday that it would hold onto the rest of its iDEN network assets and that the sale in parts of the Midwest will have "a de minimis impact" on its financial results.

The sale is expected to be fully completed ahead of a court-ordered deadline of Jan. 25, 2010, it said.

U.S. Treasury revises amount of loan to Chrysler

The U.S. Treasury Department said on Friday that a loan it is making to a reorganized Chrysler Group LLC totals $6.642 billion instead of $6.943 billion that it had estimated on May 27.

A department official said the initial figure was simply an estimate made last month and that the figure announced on Friday was a final one.

The Obama administration directed a fast-track reorganization of the automaker, which entered bankruptcy on April 30. Italian automaker Fiat bought most of Chrysler's assets, but the U.S. and Canadian governments each will end up with small equity stakes in the new company.

Fiat Chief Executive Sergio Marchionne is to become Chrysler's chief executive officer. The automaker's former CEO, Bob Nardelli, had previously said he would leave the company once the sale is completed.

Icahn Group Buys Tropicana Casino

A bankruptcy judge Friday approved the sale of Tropicana Casino & Resort in Atlantic City, N.J., to a group of lenders that includes billionaire Carl Icahn.

Judge Judith Wizmur of the U.S. Bankruptcy Court in Camden, N.J., signed off on the sale, according to David Scanlan of the New Jersey Casino Control Commission.

The deal calls for the lenders to cancel $200 million of the more than $1 billion in debt the company owes them.

Efforts to find a buyer for the Tropicana Atlantic City began more than a year ago after New Jersey gaming regulators took control of it from Tropicana Entertainment LLC, then run by William J. Yung.

The sale marks the return of Mr. Icahn, the former owner of the Sands hotel and casino in Atlantic City, to the city's boardwalk and its gaming tables. Mr. Icahn sold the Sands for about $250 million to Pinnacle Entertainment in 2006.

Employees May Be Taxed for Texting If IRS Updates Work Cellphone Rules

The Internal Revenue Service's proposals to evaluate whether to tax company-issued cellphones could cut deep for work-obsessed Washingtonians. The taxes may also apply to text messages on mobile devices, e-mails on company-issued laptops and wireless cards.

Under several proposals put forth this week, the IRS would more strictly enforce an existing law that classifies company-issued cellphones as a taxable benefit -- an idea decried by employers and wireless companies who argue that mobile phones are now essential tools in the workplace that shouldn't be considered income.

The debate stems from a 1989 law that requires workers who use company cellphones for personal calls to count the value of those calls as income and pay federal income taxes for the minutes used. Employees are supposed to keep detailed records of their calls. Now that sending e-mails on mobile devices is more prevalent, data charges could also be subject to scrutiny.

The law was passed at a time when cellphones were considered a luxury, such as a corporate car or jet, and only used by the wealthiest professionals. Brick-sized phones typically cost $2,000 and $3 per minute. But BlackBerrys, iPhones, PDAs, cellphones and laptops are now common fixtures for workers, and few companies have enforced the tedious record-keeping rule.

Wireless companies, including Sprint Nextel and Verizon Wireless, have lobbied Congress to repeal altogether the law that lists cellphones as a taxable benefit. They say the cost of cellphone services has declined dramatically in the past 20 years, so it does not make sense to tax it as an employee benefit.

"Do we really want employees to, instead of being productive, spend their day logging every e-mail they send, every Web site they browse and every time they use GPS?" asked Howard Woolley, senior vice president of Verizon Wireless.

The law was designed to prevent employees from using company phones for personal calls and then writing them off as a work-related tax deduction. It was also intended to prevent employers from hiding forms of compensation to employees.

Last year, Reps. Sam Johnson (R-Tex.) and Earl Pomeroy (D-N.D.) sponsored legislation to repeal the statute. It passed the House but not the Senate. Those lawmakers, as well as Sens. John F. Kerry (D-Mass.) and John Ensign (R-Nev.), have introduced similar bills this year.

"Cellphones are no longer executive perks or luxury items, and an antiquated tax code shouldn't treat them that way anymore," Kerry said yesterday.

Meanwhile, the IRS said it is trying to simplify the record-keeping requirement of the law to make it easier for employers to comply without spending exorbitant amounts of time and money. After receiving numerous questions about the documentation requirement, the IRS is seeking feedback on how to handle the newer features of cellphones and other devices that didn't exist 20 years ago.

It will take public comment on its proposals until Sept. 4, and said it welcomes alternative ideas from employers and workers.

The agency has suggested three options. One is to deem 75 percent of work cellphone use as related to work and the remaining 25 percent as personal. Employees would be taxed on the value of the personal minutes.

Under the second option, employees would provide proof that they have a personal cellphone to use during work hours. The third option would let employers use a statistical sampling to determine the average workers' personal use of the cellphones.

At the University of Texas at Dallas, several hundred employees carry cellphones so that they can be reached after hours. To get around the need to document every minute of workers' calls, the university instead decided to pay employees a stipend for using their own cellphones. The stipend is added to their income, and is therefore taxable.

"We don't want to penalize an employee we're now asking to be available 24-7," said Calvin Jamison, the university's vice president for business affairs. "And we don't want people to have to carry two phones around."

Amazon settles long-standing legal dispute with Toys R Us

Their failed partnership ended three years ago, and now their legal dispute has, too.

Amazon.com said Friday it will pay Toys R Us $51 million to settle a 5-year-old lawsuit over an agreement once touted as a way to strengthen both of their positions online.

The settlement will be paid in the third quarter, and then all claims and counterclaims will be dismissed, Amazon disclosed in a regulatory filing.

In 2000, Seattle-based Amazon and Toysrus.com, a division of Wayne, N.J.-based Toys R Us, entered into an agreement that was supposed to last through 2010, giving Toys R Us exclusive rights to sell some products on Amazon's Web site.

For Amazon, the deal was seen as the cornerstone of a new strategy to expand through partnerships rather than trying to sell everything itself. For Toys R Us, it provided access to a major online-sales channel.

Four years later, Toys R Us sued Amazon in New Jersey Superior Court, accusing Amazon of violating their agreement by letting other third-party merchants sell toys, games and baby products on its site. Amazon countersued, citing a "chronic failure" by Toys R Us to keep items in stock.

In a strongly worded 133-page judgment, New Jersey Chancery Court Judge Margaret Mary McVeigh ruled in 2006 that Amazon had breached the agreement and damaged Toys R Us' unique position and ability to plan or craft strategies.

The two companies ended their online partnership, but the legal dispute continued.

This past March, a three-judge state Appeals Court panel directed the lower court to reconsider Toys R Us' damage claims, while denying Amazon's claims.

Amazon disclosed in April that Toys R Us was seeking damages of about $93 million, which it called "grossly overstated," and expressed interest in appealing to the New Jersey Supreme Court.

Neither Amazon nor Toys R Us would comment about the settlement.

For the first quarter ended March 31, Amazon made a profit of $177 million, up 24 percent from a year ago, on sales of $4.9 billion. As of March 31, the company had $1.7 billion in cash and equivalents.

Privately held Toys R Us was acquired by three buyout firms in 2005.

BofA-Merrill cuts estimates on three big U.S. banks

Bank of America Securities-Merrill Lynch Research said repayment of federal funds by Goldman Sachs (GS.N: Quote, Profile, Research, Stock Buzz), JPMorgan Chase (JPM.N: Quote, Profile, Research, Stock Buzz) and Morgan Stanley (MS.N: Quote, Profile, Research, Stock Buzz) will force a reversal of value for the remaining warrants, and cut its second-quarter profit estimates for the big U.S. banks.

Valuation for the warrants at those banks remains uncertain and is likely to hurt common equity in the third quarter, analysts led by Guy Moszkowski said in a note to clients.

The U.S. Treasury said banks repaying bailout funds also can repurchase warrants that the government holds in their firms "at fair market value," and many of the approved banks said they intended to do so.

The warrants give the government the right to buy common stock at a predetermined price for up to 10 years and were intended to give taxpayers a chance to share in the profits of healthy banks.

"While the firms should generate more than ample income to absorb the adjustment related to the main TARP payback, the warrant-related hit to capital is unavoidable," Moszkowski said.

The analyst said the accounting treatment of the charges that these companies would have to take is also uncertain, adding that there was "likely to be a charge to equity without a profit and loss effect, but will do some more work to verify this." Goldman shares were down 2 cents at $145.13 Friday on the New York Stock Exchange, while those of Morgan Stanley were up 16 cents at $29.67. JPMorgan shares were up 33 cents at $35.27.

Following are the second-quarter estimate changes on the three banks -

COMPANY NAME NEW ESTIMATE OLD ESTIMATE

Goldman Sachs $2.92 $3.59

Morgan Stanley -$0.23 $0.70

JPMorgan $0.01 $0.30

Koenigsegg ready to take over GM's Saab -paper

Tiny carmaker Koenigsegg is ready to take over General Motor's (GMGMQ.PK: Quote, Profile, Research, Stock Buzz) loss-making Saab unit, and says it has numerous good solutions to help get the company back on its feet, its major shareholder told daily Dagbladet. A source familiar with the talks told Reuters this week that General Motors is close to selling its Saab unit to Koenigsegg, and that it was backed by Norwegian investors. [ID:nLB799437]

"We think it is possible (to rescue Saab) and we have several good solutions to bring into Saab," Baard Eker, who holds 49 percent of Koenigsegg, told the newspaper.

"Let me make one thing clear -- we are not buying Saab only to chop it up," Eker said, referring to what he calls "poisonous comments" in Swedish media.

Eker said "reefs in the sea" may still emerge which could potentially stop the sale, but he did not reply negatively when asked about Saab's comments that a deal could be in place next week, according to the paper.

Eker confirmed several investors are willing to finance the acquisition, but declined to name them or how much money they would contribute with.

When asked what the most important thing Koenigsegg and himself could bring in as new owners, Eker said: "Culture and technology. Saab need to be more innovative."

Eker also said it was not their intention to let "many people go", but declined to be more specific.

Koenigsegg's supercars rank in Forbes magazine's list of the world's 10 most beautiful cars.

This deal would put a company that has less than 50 employees and turns out only a handful of $1 million supercars in charge of Saab, which produces that many family cars every hour. (Reporting by Aasa Christine Stoltz; editing by Chris Pizzey)

NYMEX-Crude ends lower on dollar, profit-taking

U.S. crude oil futures ended
lower on Friday as the dollar's rebound directed investment
flow away from commodities, at least for the moment, and as
traders took pre-weekend profits, snapping a three-day rally.
 "The petroleum markets are seeing at least a light round of
Friday profit-taking, encouraged by an upturn in the U.S.
dollar," said Tim Evans, energy analyst at Citi Futures
Perspective in New York.
 Oil traders also took a cue from Wall Street, where the
Dow, the S&P and the Nasdaq indexes were down most of the day,
with losses in the energy and materials sector. [.N]
 Technical analysts noted that front-month July crude had
become extremely overbought, but the current bull trend would
not be damaged unless prices closed below $70 a barrel.
 Crude oil futures hit $73 on Thursday, reaching the highest
intraday price since late October, on a weak dollar, supportive
U.S. economic data and an improved 2009 demand forecast from
the International Energy Agency in Paris.
 Earlier this week, the U.S. Energy Information
Administration also raised its demand forecast for this year.
 "The crude market took a breather from the frantic rally
we've just seen (but) losses were trimmed near the close on
some (pre-weekend) short-covering," said Mike Fitzpatrick, vice
president at MF Global in New York.
 The Organization of the Petroleum Exporting Countries, in a
monthly report on Friday, cut its forecast for world oil demand
further, but said the worst appeared to be over for the market.
[ID:nLC440564]
 OPEC said demand this year would contract by 1.62 million
barrels per day. It previously expected a decline of 1.57
million bpd.
 TECHNICALS
 NYMEX crude 10-day/20-day moving average: $69.02/$65.14
 Technical support/resistance:
 NYMEX crude: $70.00/$73.00
 NYMEX heating oil: $1.8050/$1.8700
 NYMEX RBOB: $2.0000/$2.2000
 For a report on technicals click [ID:nLC632870]
 PRICES
 * On the New York Mercantile Exchange, July crude CLN9
settled down 64 cents, or 0.88 percent, at $72.04 a barrel,
trading from $70.80 to $72.63. It settled on Thursday at
$72.68, the highest close since Oct. 20's $74.25, after hitting
an intraday high of $73.23, highest since Oct. 21's $75.69.
 * For the week, July crude rose $3.60, or 5.26 percent.
 * In London, July Brent crude LCON9 ended down 87 cents,
or 1.21 percent, at $70.92 a barrel, trading from $69.99 to
$71.64. It settled on Thursday at $71.79, the highest
settlement since Oct. 20's $72.03, after climbing to an
intraday high of $72.27, the highest since Oct. 21's $73.29.
 * NYMEX July RBOB RBN9 settled down 2.18 cents, or 1.06
percent, at $2.0431 a gallon, trading from $2.0192 to $2.0636.
It settled on Thursday at $2.0649, the highest close since Oct.
3's $2.2283, after surging to an intraday high of $2.0763, the
the highest since Oct. 7's $2.1399.
 * NYMEX July heating oil HON9 finished down 1.59 cents,
or 0.86 percent, at $1.8375 a gallon, trading from $1.8125 to
$1.8517. On Thursday, it settled at $1.8534, the highest since
Nov. 13's $1.8750, after rising to an intraday high of $1.8706,
the highest since Nov. 17's $1.8906.
 * The July/July RBOB crack spread <0#rb-cl=r> ended at
$13.77, dropping from $14.05 on Thursday. The July/July heating
oil crack spread <0#cl-ho=r> ended at $5.14, edging down from
$5.16 close on Thursday.
 * The spread between the current front month and the
five-year forward crude contract CLc61 ended at $14.18,
widening from $14.02 on Thursday. The July 2014 contract
settled on Friday at $86.22, down 47 cents, or 0.54 percent.
 MARKET NEWS
 * The Reuters/University of Michigan Surveys of Consumers'
preliminary June consumer sentiment index rose to 69.0, a
nine-month high, from May's final reading of 68.7, according to
a report released on Friday. [ID:nN12149350]
 * The dollar rose, rebounding from vicious selling earlier
this week, while data showing a plunge in euro-zone industrial
production highlighted economic weakness in the region and
pushed the euro lower. [USD/]
 * China's refinery output jumped to a record high in May as
refiners, encouraged by higher fuel prices and decent margins,
stepped up supplies to meet rising demand.

BlackRock shells out lots of green for Barclays unit

Several years ago, I heard a presentation from Laurence Fink, the mastermind behind the asset management giant, BlackRock (NYSE: BLK). At the time, he gave some frank advice; that is, he warned that investors needed to be very cautious.

Of course, it was spot-on (and saved me lots of money). And, I'm sure Fink's investors also appreciated the counsel.

Well, this week BlackRock became the king of asset management because of its $13.5 billion acquisition of Barclays Global Investors (NYSE: BCS). In all, the assets under management will now amount to $2.8 trillion.

It's really stunning, actually. Keep in mind that BlackRock got its start back in the late 1980s, with about $1 billion under management.

By and large, there are two critical factors for a successful asset manager: good advice and scale. The former has always been the case for BlackRock. And now, with the BGI deal, BlackRock will have enormous scale.

What's more, BGI also brings an important asset class: the exchange traded fund (ETF). This vehicle has exploded in popularity because of the inherent flexibility and low costs. Oh, and BGI has about half of the market for ETFs.

However, there are certainly risks. If history is any guide, the complexities of mega deals can be extremely problematic. And, this is especially the case in the financial services industry, which relies heavily on key people.

Then again, Fink has demonstrated a fairly good track record with M&A. He structured a deal for SSRM Holdings in 2005 and purchased the asset management business of Merrill Lynch in 2006. Besides, Fink has weathered the financial crisis incredibly well.

So, if there is anyone who can pull off the BGI transaction, it would definitely be Fink.

Six Flags Seeks Bankruptcy to Cut Debt $1.8 Billion

Six Flags Inc., the owner of 20 theme parks, sought bankruptcy protection 3 1/2 years after Washington Redskins owner Daniel Snyder become chairman and hired new managers in an attempt to return it to profitability.

The Chapter 11 petition filed in U.S. Bankruptcy Court in Wilmington, Delaware, listed assets of $3 billion and debt of $2.4 billion as of Dec. 31. Thirty-six affiliates also sought protection.

Snyder began a shakeup of Six Flags in late 2005 after winning three seats on the board. The 48-year-old company hasn’t posted an annual profit since 1998 and had losses of $558.8 million in the two years after Snyder became chairman.

Six Flags shares have fallen 86 percent in the past 12 months as investors have grown skeptical about the company’s ability to refinance preferred income equity redeemable shares, or PIERS, before their August redemption date. On Aug. 15, $287.5 million in preferred stock matures and $131 million of 8.875 percent senior notes come due next year.

The company said in today’s statement it’s seeking court approval of a prearranged reorganization plan that will cut its debt by about $1.8 billion and eliminate more than $300 million worth of preferred stock obligations. The reorganization plan has yet to be filed with the court.

$1.3 Billion

The 20 largest creditors without collateral backing their claims are owed about $1.3 billion, according to court papers. HSBC Bank USA, National Association as Trustee for holders of the company’s 12.25 percent notes due 2016, is listed as the largest unsecured creditor. The principal amount due under the bonds is $400 million.

Any debt-for-equity exchange offers by the company have ended due to the bankruptcy filing, Six Flags said in the statement.

Six Flags, which has theme parks in the U.S., Canada and Mexico, had $79.4 million in cash and $2.31 billion in long-term debt as of March 31, according to its first-quarter financial statement.

Spokeswoman Sandra Daniels didn’t respond to a voice mail left by Bloomberg News seeking comment.

The lead case is: Premier International Holdings Inc., 09- 12019, U.S. Bankruptcy Court, District of Delaware (Wilmington).

G-8 Starts Plan to Exit Stimulus on Recovery Signs

The Group of Eight nations began considering how to reverse the emergency steps they took to rescue the world economy as it shows signs of recovery.

As they delivered their most upbeat outlook since Lehman Brothers Holdings Inc. collapsed, G-8 finance ministers said they will start planning exit strategies for when sustainable growth returns. It’s still too soon to roll back budget deficits and bank bailouts, they said after a meeting in Lecce, Italy.

“We discussed the need to prepare appropriate strategies for unwinding the extraordinary policy measures taken to respond to the crisis once the recovery is assured,” the ministers said in a statement today after two days of talks. There are “signs of stabilization,” though “the situation remains uncertain.”

Governments are under pressure to turn their attention from fighting recession to smoothing a recovery as investors worry more than $2 trillion in stimulus programs will spark inflation if left unchecked. The officials bickered over whether Europe is endangering a rebound by refusing to impose stricter health checks on individual banks.

“Early signs of improvement are encouraging, but the global economy is still operating well below potential and we still face acute challenges,” U.S. Treasury Secretary Timothy Geithner told reporters.

Inflation

Signs the worst slump since World War II is moderating are prompting central bankers and investors to warn that inflation will accelerate if governments don’t cut back. U.S. Treasury 10- year note yields this week reached 4 percent for the first time since October.

“There is a distinct shift in tone” from the G-8, said Eswar Prasad, an economist at the Brookings Institution in Washington. Still, “rising interest rates due to concerns about fiscal deficits and prospects of inflation could choke off a nascent recovery.”

The governments didn’t outline how they will tighten policy once they deem their economies to be strong enough to take it and tasked the International Monetary Fund with studying ways to do so. They pledged to coordinate so as not to distort markets and economies as happened during the rush to save banks.

While German Finance Minister Peer Steinbrueck sought a “credible exit strategy” to avoid inflation, Geithner and U.K. Chancellor of the Exchequer Alistair Darling warned against hurting the global economy by acting prematurely.

Policy Restraint

“It is too early to shift toward policy restraint,” Geithner said. Darling said “no one is talking about exiting yet.”

Euro-area governments are reluctant to follow the U.S. by examining the capital needs of particular banks, arguing they are too diverse to evaluate by a single standard and that publishing results could rekindle the crisis. They have instead conducted a test of their whole financial system, although still refuse to reveal the details.

By contrast, U.S. financial firms unveiled plans to raise more than $100 billion since government tests of the 19 largest banks found that 10 needed $74.6 billion of additional capital to weather a more severe recession.

Concern Europe isn’t doing enough is starting to undermine the euro and the IMF predicts the region’s banks will need to write down $750 billion through next year. The euro has fallen 11 percent against the pound since the start of the year.

Stress Tests

“We want stress tests, but stress tests of the system not related to individual banks,” Steinbrueck told reporters in Lecce. “The European banking sector, and the German one in particular, is a lot more heterogeneous than the North American one.”

French Finance Minister Christine Lagarde said European leaders are not yet ready to commit to deeper probes of their banks though she backs greater transparency. The Financial Stability Board was charged with comparing the various tests, she said.

European resistance drew criticism ahead of the talks from Canadian Finance Minister Jim Flaherty, who said it could impede a revival of the world’s financial markets and economy. The G- 8’s statement made no mention of the topic.

“There is more work to be done in some other European countries with respect to their banking systems,” Flaherty said in Lecce. “Around the world one needs that assurance between economies that the system is reliable and trustworthy.”

Flaherty said after the meeting that he was “much less frustrated” by Europe’s position after all G-8 officials agreed the importance of studying the banks.

Dollar Support

The dollar got some support from Russian Finance Minister Alexei Kudrin, whose central bank on June 10 sparked a drop in Treasuries after saying some of its reserves may be shifted out of U.S. bonds. Kudrin said in an interview with Bloomberg Television in Lecce that he has confidence in the dollar and there are no immediate plans to switch to a new reserve currency.

While the absence of central bankers limited discussion of exchange rates, Steinbrueck said he wasn’t concerned by the euro’s value against the dollar. IMF Managing Director Dominique Strauss-Kahn said he didn’t see a “weak dollar.”

The G-8 met a day after data showed consumer confidence rose for a fourth month in the U.S. in June, and climbed to a 14-month high in May in Japan. U.S. stocks advanced this week, erasing the Dow Jones Industrial Average’s 2009 loss.

Stabilization

Home Depot Inc., the world’s largest home-improvement chain, said June 10 that fiscal 2009 profit may decline less than it had projected, or not at all. Virgin America Inc., an airline partly owned by U.K. billionaire Richard Branson, said yesterday that its first-quarter net loss narrowed to $40.3 million as the carrier filled more seats on its planes.

“There are increased signs of stabilization in our economies,” the G-8 said. Still, it cited rising unemployment as a challenge and pledged to keep taking “all necessary steps to put the global economy on a strong, stable and sustainable growth path.”

The G-8 is composed of the U.S., Japan, Germany, France, U.K., Canada, Italy and Russia. Its ministers met to shape an agenda for when their leaders convene July 8-10 in L’Acquila, Italy.