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Big LBOs are teetering, but Wall Street still planning record bonuses

This post was written by DailyFinance contributor Peter Cohan.

Wall Street has a short memory when it comes to pay. That's what came to mind when I saw a report saying that many big leveraged buyouts (LBOs) are in trouble -- four of the 10 biggest companies bought in leveraged buyouts have stopped paying back the money they borrowed. Nevertheless, Wall Street will pay itself record bonuses in 2009.

Unless my memory is failing me, it was only 14 months ago that Wall Street nearly went bankrupt. Without trillions of dollars in taxpayer money, it's highly unlikely that it would be in a position to pay itself $140 billion in bonuses this year.

Continue reading Big LBOs are teetering, but Wall Street still planning record bonuses

Cerberus prepares gun company IPO

Cerberus, the private equity fund that nearly ruined itself by making bad bets in Detroit, particularly on Chrysler, is considering taking its gun company interests public. According to The Wall Street Journal (subscription required), the firm "is in advanced preparations for an initial public offering of Freedom Group Inc." The company has about $900 million in sales.

The move may be a profitable one for Cerberus. Gun company Smith & Wesson (NASDAQ: SWHC) trades at just above $5, near the high end of its 52-week range. That gives the company a market cap of $300 million on sales of about $345 million. On a ratio-and-proportion basis, that would make Freedom worth close to $800 million.

Continue reading Cerberus prepares gun company IPO

Cerberus investors ask for their money back

For a company named after a mythical, multi-headed hound, Cerberus is definitely in the dog house with its investors. The huge private equity firm is being deserted by many of its key clients, continuing a trend of fund flight that has intensified in the past year. Several media outlets reported that 71% of the investors in the firm's two large funds want their capital returned. The money these clients have with Cerberus totals $5.5 billion, putting the New York-based investment manager in a tough position.

Continue reading Cerberus investors ask for their money back

Chrysler: Anatomy of a private equity implosion

Steve Feinberg made a fortune in distressed investing during the early 1990s. So, when the financial system fell to pieces over the past couple years, it should have been a boon for his private equity firm, Cerberus.

Not this time. In fact, the New York Times has an extensive piece on the topic, covering Feinberg's folly on the buyout of Chrysler.

Yes, the deal was struck about two years ago, when the private equity market had reached its peak. Debt was easy to get. And, Feinberg thought that there would be lots of opportunities to slash costs (which is easier when a company is private).

Continue reading Chrysler: Anatomy of a private equity implosion

Mervyn's says private equity owners wrecked company

One of the most common complaints about private equity companies (and activist investors, corporate raiders, etc.) is that their relentless focus on making a quick profit results in the looting of companies, job losses, and so on.

That theory will be tested in court: Mervyn's LLC has sued its former private-equity owners -- including Cerberus and Sun Capital -- alleging that their profiteering tactics led to the chain's bankruptcy. When the $1.26 billion deal was consummated in 2004, The Wall Street Journal reports that (subscription required) "the deal was structured as two separate transactions -- one for the retailer and a second one for the retailer's real estate. This complicated structure, the suit alleges, enriched the private-equity firms while leaving the retail operations insolvent."

The firms then sold off real estate, paid themselves dividends, jacked up lease payments, and essentially transferred value from the chain to the private equity buyers, according to the lawsuit.

This will be a must-follow case -- assuming it isn't settled quickly and confidentially -- for those looking to understand the larger effects of buyout shops. I'm skeptical of the notion that private equity firms destroy companies and if that was indeed the case with Mervyn's, it may have been a result of the complex structure and self-dealing.

In most cases however, there is little money to be made bankrupting something for which you pay hundreds of millions -- or billions.

Cerberus has $7 billion to buy bank assets

Despite the beating it has taken in Chrysler, private equity fund Cerberus has about $7 billion on the sidelines to put into bank assets, many of which are going for a fraction of their face value.

One expert commented in The New York Post "I think what you're going to see is the deep- value buyers coming in to get $1 for 50 cents," said Rick Maples co-head of in vestment banking and head of the financial institutions group at boutique investment firm Stifel Nicolaus.

In a perverse way it is good news for banks. At least someone will buy something from them, which should raise the value of their troubled assets over time.

Douglas A.McIntyre is an editor at 24/7 Wall St.

Severe stock implosions persist in busted private equity deals

We have seen more private equity mergers fail in recent months that you might wonder if the private equity sector will ever do any more large deals. No group of stocks looks as bad as the group of the recently failed private equity buyouts.

Some of the losses here may seem excessive compared to what would have been the buyout price, but that is the new private equity M&A world for you. Below you will see how wide these spreads would be if the old mergers magically reappeared, but don't hold your breath.

The freshly failed acquisition of 3Com Corp. (NASDAQ: COMS) by Bain Capital Partners LLC & Huawei was originally $5.30 cash, although the last ditch effort to please the CIFIUS watchdog via a unit sale would have resulted in a lower price. If that magically came back, you'd be looking at an 82% gain.

You can access this full article with more detailed explanations and would-be spreads. Other busted private equity buyouts discussed are as follows:
Clear Channel Communications Inc. (NYSE: CCU) from Thomas H. Lee Partners LP and Bain Capital is actually still a pending deal, although that is also addressed because of a wide arb-spread.

Maybe someone can create a Failed Merger ETF. They have an ETF for almost everything else.

Cerberus admits to 'significant concerns' about GMAC

In a recent letter from Cerberus Capital Management to its investors, the private equity giant admitted that it has "significant concerns" about the health of GMAC, the one-time finance arm of General Motors Corp. (NYSE: GM). In 2006, Cerberus bought 51% of GMAC.

The letter states that "If the credit markets continue to decline and we find ourselves in a prolonged environment of capital market shutdown, GMAC could run into substantial difficulty." On the other hand, Cerberus argues that it bought GMAC so cheaply that it should be able to survive.

I first noticed the story on the excellent finance and macroeconomics blog Calculated Risk, which has posted an excerpt from the letter. The whole letter can be downloaded at Deal Journal, which also discusses the contents of the letter. Interestingly, Cerberus has replied to the post at Deal Journal, saying that "Although we prepare for the worst case scenario, it doesn't mean that it will certainly happen" and that "We also believe that GMAC is a resilient business platform and a survivor with strong long term prospects."

I guess Cerberus didn't want to leave the impression that it was panicked by the state of the credit markets. But somehow I doubt that their denials tell the whole story.

Can Nardelli reinvent Chrysler?

Given the economic woes that have taken hold of this country, the general consensus is that Cerberus overpaid badly for Chrysler.

Now the infamous Robert Nardelli -- probably best-known for his $210 million golden parachute for leaving Home Depot (NYSE: HD) in disgrace -- is charged with making the best of it as the company's CEO.

Fortune senior editor Alex Taylor III takes a look at Nardelli's bold and aggressive plan to return the company to solid profitability. Nardelli is playing hardball with the company's suppliers and dealers. Parts suppliers who can't deliver will be dropped, and the company's dealer network will be dramatically reduced in size. Nardelli is also consolidating all the company's brands -- Jeep, Dodge, and Chrysler -- into single dealerships. Business just isn't good enough to support a stand-alone Dodge store.

In addition, Chrysler is making a bold move into China -- the company currently garners 90% of its sales from North America, but hopes to double its international sales over the next four years.

The problem for Chrysler is that the price Cerberus paid and the weak economic environment may make even the most impressive turnaround something less than a cash cow.

And if there's one thing I've learned from watching a fair number of turnarounds, it's this: most of them fail miserably.

The fools at Cerberus (GM)

GMAC, in which GM (NYSE:GM) sold a majority stake to Cerberus, posted another big loss. In the fourth quarter, the red ink flowed and hit $724 million.

According to Bloomberg "GMAC said it's talking to buyers for parts of the Residential Capital mortgage unit, which recorded a $921 million quarterly loss.". Moody's has downgraded the ResCap senior debt.

By spending time in Detroit, Cerberus has managed to get ownership of a car company, Chrysler, just before what may be the weakest year in domestic vehicle sales in over a decade. And, in ResCap it has picked up a mortgage operation which is being hurt by the same delinquency problems that are roiling the industry.

As mortgage companies face a difficult year, the question becomes whether Cerberus will have to put more money into GMAC and ResCap.

Private equity firms tend to do well because they negotiate deals which are particularly favorable due to their ability to bring larges sums of cash to the table. Their armies of analysts should give companies like Cerberus an advantage in picking companies which will do unusually well.

Cerberus needs to get some new analysts.

Douglas A. McIntyre is an editor at 247wallst.com.

KKR: Nice guys after all?

According to a study by Moody's, the buyout firm KKR is actually less likely than other similar firms to do what many critics say buyout firms do: replace assets with debt in order to take a big payday, thereby leaving their target companies in precarious financial condition. Examining 176 deals over the last five years, the Moody's study paints a surprisingly positive view of KKR in this regard, at least when compared to similar firms.

In details discussed over at Deal Journal, KKR traded big money for big debt -- a process known as "dividend recapitalization" -- less than half the time over the five year period. By contrast, Providence Equity Partners and Cerberus Capital Management took that route in the majority of cases.

Another surprising bit of data: KKR is the only major private equity firm that saw the debt ratings of its target firms rise after the majority of its buyouts.

So say what you want about the savage pirates at KKR -- it turns out that they are actually the nicest pirates you're likely to encounter in the financial markets.

Chrysler looks to China for revival

Chrysler currently achieves 90% of its sales from North America, but if the newly private company has its way, it will double its international sales over the next four years as part of its plan to return to profitability.

Rising gasoline prices, declining home values, and general economic malaise have further hurt the company which, along with the rest of the American auto industry, is struggling to compete with lower-cost overseas competitors.

According to The Wall Street Journal (subscription required), "To aid its international-sales expansion, Chrysler boosted the number of products offered overseas to 20 from nine. In China, Chrysler said it is reintroducing Dodge-brand vehicles after a 62-year absence. The Caravan minivan is in production. The Caliber hatchback and Avenger sedan are also slated to be sold in that country."

I wish Chrysler the best of luck because they're going to need it. The same problems that are dogging the company here should be exacerbated overseas -- It's hard to imagine why anyone in China will pony up the extra money to buy a Chrysler when there are so many cheaper options available over there.

Cerberus chief Stephen Feinberg revealed!

Stephen Feinberg, the head of Cerberus Capital Management, is famous for his secretive ways and dislike of publicity. In the September 2007 issue of Portfolio, he was quoted as saying; ""We try to hide religiously . . . If anyone at Cerberus has his picture in the paper and a picture of his apartment, we will do more than fire that person. We will kill him. The jail sentence will be worth it."

While a courtroom is a far cry from his no doubt plush Manhattan apartment, Feinberg seems to have violated the spirit of his own command -- today, you can see his photo over at Deal Journal. It seems that the ongoing legal dispute with United Rentals Inc. (NYSE: URI) has forced Feinberg to appear in public -- or at least a courtroom, where his image was captured for all to see.

The legal battle between Cerberus and United Rentals is about just how much Cerberus owes URI for walking away from a deal to buy the company. Feinberg says they owe no more than $100 million, while URI claims that Cerberus should be forced to complete the deal -- and thereby lose something like a billion dollars, given the recent decline in URI's stock.

The outcome is very much in the air, but at least we now know what it takes to get Feinberg to break his own rule about publicity: his photo fee would seem to be in the $1 billion range.

Cerberus and United Rental begin their legal battle

Shareholders at United Rentals Inc. (NYSE: URI) have a right to be mad. Hedge fund Cerberus Capital Management offered to buy the company. Shares rose from about $27 to over $34.

Then Cerberus walked. United Rental stock fell to $20.76 and has not recovered much. The entire matter headed to court. The legal battle was to begin today in Delaware Chancery Court. That has been delayed while the two sides talk.

Cerberus said that it was within its right to break off the contract. According to The Wall Street Journal, "the delay could help United's flagging stock price, as well as clear up some of the negative public perception of Cerberus, a Wall Street buyout shop that provided little detail for why it walked away from its agreement."

In other words, it may have been in the financial interests of Cerberus to walk out, but its may be a shaky legal ground.

Private equity firms have broken a number of these buyouts now, and, in some cases, contracts allowed them to do so. The court system is likely to catch up to them at some point soon. If settlement talks with United do not work out, it may be in this case.

Just one announcement that an LBO shop has had to pay hundreds of millions in damages would send a real shudder through the industry.

Douglas A. McIntyre is an editor at 247wallst.com.

The struggles of Cerberus Capital

The whole private industry is in a slump after the heady days of easy credit but Cerberus Capital, one of the elite firms, has it worse than most.

The firm has run into problems with its deals for Chrysler and GMAC, the financing arm of General Motors -- the deal for GMAC came just at the top of the consumer credit bubble. With economic woes figuring to extend well into the future as consumers struggle to pay their mortgages, it could also be a tough time for the auto industry.

Cerberus insiders told BusinessWeek that they're not panicking, and this rough patch could be a major test for the firm and industry as a whole. GMAC and Chrysler are deeply troubled companies -- probably more so now than when Cerberus acquired them. These aren't going to be quick flips, and Cerberus didn't buy them at bargain basement prices, so there isn't much margin for error.

Private equity firms have been lauded for their ability to engineer difficult turnarounds that are impossible under the demand of meeting quarterly earnings. But critics have argued that the industry is mostly about financial engineering.

If Cerberus can turn Chrysler and GMAC into companies that make the acquisitions look a lot smarter in five years than they do now, they'll have done a lot to prove the naysayers wrong.

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