asm610, I have to say that I was going to comment on it also. While I am not as polically correct as sl62 and I am much more funny, I was going to tell you to keep your child porn to yourself please.
Printable View
asm610, I have to say that I was going to comment on it also. While I am not as polically correct as sl62 and I am much more funny, I was going to tell you to keep your child porn to yourself please.
People are so goofy around here. A local person called police to report child porn was being made in a neighbors house. When police asked "why do you think that" they were told "because some men just took a bunch of kids into house"
So the goofy police conduct a raid on house.
It's a birthday party.
Wolf Child, SIRIXM royalty payments are solely based on their revenue. That was a huge point of the law suits and their contracts with RIMM, ect. a little while back. That is also one of the reasons XMSR did not have FCF for the 4th Q of 2007 it was mostly defered till that quarter.
After reading the Deep Capture tail told by CEO of Overstock.com, Patrick Byrne, decided to go back and look over everythign again, in case I missed something. His story is fascinating, and I implore everyone here to read what he has to say.
I spent all night(no sleep) collecting data and researching what might be at play here. I think you will find I have made some startling discoveries. I reread every article from Thursday the 5th of Feb. till now. I read the SEC filing on the deal in its entirety. And I read it again. Heres what I discovered. Bare with me, this is going to be one hell of a long post, in fact I pretyped it out in word. HEHE Here goes.
I will provide all articles I comment on with links, as well credit the author.
Im going to start with the beginning and work my way forward. I will then post a conclusion and a summary of points.
As a motif, I will bold face(if it transfers, otherwise I will try to increase the font) all points of interest, and key words. I may discuss them after the quote or the paragraph topic comments after.
1. Wall Street Journal, through an unnamed leaked source close to the negotiations, leaked that ECHOSTAR CEO and DISH front man Charles Ergen had been SECRETLY buying Sirius XM debt on the open market. There were many news sources who picked up the article, all naming it as the SOLE provider of information.
Robert Holmes of marketwatch.com summarizes the article. Posted 12:21 pm off the original article that broke late that night.
http://www.thestreet.com/_yahoo/news...FREE&cm_ite=NA
Article takes one fact, we now know this is a true fact, and talks about what it may mean to Sirius. It is hinted that Ergen is seaking to acquire assets, or force bk. Stock soars this day. First time BK is a huge issue for this stock, one of the first mentions of it as a problem. Assumes Ergen might want assets on the cheap. Mention also that this deal would be terrible for stockholders. There is talk that he would use satellites XM has for his business.(I don’t think so, not compatible, a lie here) He could be after Sirius as simple any investment. 3 or so options are discussed. These same options are later discussed in later articles in the future.
Not much good news for stockholders really. Seems to be a hostile takeover attempt by acquiring debt, and forcing bk. Also speculated it could just me a “good investment” for Ergen, as he knows Sirius can pay the debt, which he bought for cheap.
So Day1. Heres what me know so far….
Ergen has acquired some of Sirius XM outstanding debt, don’t know how much, or what due dates, etc.. Don’t know his intentions either. Also didn’t know Sirius was worried about making their Feb. payment. Since no word, investors were left to wonder.
Key points in the article. He contradicts himself. First he will try to make Sirius appear like a failure, and in desperate need of help. Business model sucks, etc…
Then he will paint a much different picture.
Contrast.
“..Additionally, a sharp tail-off in U.S. automobile sales, which is the bread and butter of Sirius XM's business, has investors worrying about the company's viability. Sirius XM has still yet to post a quarterly profit, and during its third-quarter earnings report, several key metrics for the company weakened, including net subscriber additions, the conversion rate of auto installations, and monthly churn. “…Holmes…
This was the BK scare support. Written here.
…”EchoStar's investment further complicates matters for the company. The Journal reported that EchoStar could acquire up to 51% or more of Sirius XM's bank debt, force it into bankruptcy, and then take control of the company in the bankruptcy process. That is potentially very bad news for Sirius XM shareholders who have already owned the stock through a roughly 90% decline since the July merger…”
Heres an about face, and conjecture on why Ergen would want Sirius.
….is potentially a very attractive franchise on the cheap." …
…Moffett said that Sirius XM is a perfect candidate for a takeover by Ergen, who has targeted several high-growth businesses in the past….
Here are glowing words about Sirius, used only in context to support why Ergen would want Sirius. Yes, this author is assuming your stupid, because most of us are. They don’t mind not pulling a fast one on the few smart people out there. They probably wouldn’t invest on his opinion in the first place.
So here you have an interesting start to the news..Remember Sirius is taking off right now in trading. It gets as high as .25 cent premarket and ends up .03 cents higher for the day. This is HOURS NOW after this news has been out. More than one article picking up the story. In fact its everywhere.
All things Digital reports is the end of Sirius, or a new beginning. John Paczkowski
http://digitaldaily.allthingsd.com/2...D_yahoo_ticker
BK scare starts. Stock hasn’t even been trading yet this day.
Stock closes at .17 cents.
Feb. 6th. Friday…
Articles come out with more conjecture, but no new information.
Rueters and Wall Street Journal feel he is either trying to acquire assets on the cheap, or attempting to force Sirius into bk, to get control of the company. Or he is just looking to take control of the company. The amount of how much debt he holds is still unknown at this time.
I think it would be safe to say, no new information is given this day about what the deal specifics are. No fact day.
Stock goes back to .13 cents.
Saturday is a no news day. Basically we go into the weekend knowing only a couple things.
1. Ergen is buying Sirius debt.
2. Sirius MIGHT not have cash on hand to pay debt. BK word is first brought up to the main media readers.
Monday, 9th of Feb.
We find out, again no names, that Ergen offered Mel a deal IN DECEMBER. Yes, 2 months ago. Apparently it was a buy out offer that didn’t involve the common. More on that later.
It was a take over attempt only. Would have WIPEOUT COMMONSTOCKHOLDERS WE ARE TOLD.
http://www.thestreet.com/_yahoo/stor...FREE&cm_ite=NA
…Ergen has offered to inject about $500 million into Sirius and restructure the roughly $375 million in short-term debt he holds in return for control of the company. Sirius rejected the offer. …
Ok, I take this as the offer….See if you agree with me.
$500 million.. CASH. All the bonds from Feb. and Dec. he will rework, and extend. In return he is asking for control of the company. Sirius said no. Ok fine. Well get back to this later. Just doing the timeline and facts for now. Lets move on.
More on the deal.
…While Sirius Chief Executive Mel Karmazin had boasted that the company would meet its debt obligations, given the existing tight credit market, "banks will obviously be gun shy," Moran said, adding that there remains a chance that Sirius could engage in equity-for-debt swaps, or compromise with its bondholders, "but its options are dwindling and a bankruptcy is looking increasingly likely."…
Notice the diction in this sentence.
Bankruptcy could put pressure on Charles Ergen's EchoStar (nasdaq: SATS - news - people ) which has been buying a substantial amount of Sirius XM bank debt, possibly looking to take control of the company during bankruptcy proceedings. (See "Confirmed: Echostar Is Buying Sirius' Bank Debt, Not Convertible Debt; Aiming For Control?")
This paragraph is confusing. First they say bk will put pressure on Ergen, while later is says he is trying to force bk.
This claims he didn’t even have bonds too.
http://www.forbes.com/2009/02/11/sir...tner=yahootix-
Story is from Forbes.com Miriam Marcus.
She wrote back to back articles on Sirius with very negative, and now we know wrong information.
She uses an interesting analyst too. Check out the company she is quoting from…
http://www.forbes.com/2009/02/12/sir...rtner=yahootix
Stanford Group used to bash Sirius stock. Fraudelent company with no reputable business.
http://www.iht.com/articles/2009/02/...19stanford.php
That’s right…Our FRIENDS FROM THE STANFORD GROUP. That’s right, of all the companies to pull quotes from, isnt that fun stuff. Back to it….
Then we get the BK report about the working with bk lawyers.
Ok, the Stanford group thing was very interesting, but this is even more interesting.
Ok, now lets take a look at the SEC filing…
Here is a summary..
….”In connection with this second loan, Liberty is receiving a 40 percent interest in Sirius. Here, I was surprised that no mention of a shareholder vote was in the press release or the Form 8-K. Nasdaq MarketPlace Rule 4350(i) requires a shareholder vote when a Nasdaq-listed company issues common stock or securities convertible into common stock with a 20 percent or greater voting power.
But there is an exception that was used in the Bear Stearns and Wachovia deals under a similar New York Stock Exchange rule. A company can forgo this shareholder vote if “the delay in securing stockholder approval would seriously jeopardize the financial viability of the enterprise.” I assume Sirius is relying on this exception, but if the company is going this route it is not highlighting it.
In addition, there is no explanation for why 40 percent, but I assume that it had to be below a controlling stake in order to avoid violating covenants on Sirius’s other debt.
The mechanics of the issuance of the 40 percent stake in Sirius is where it gets interesting. Liberty Media is receiving 12.5 million shares of convertible preferred stock in Sirius in connection with the loans. Upon antitrust clearance, the stock becomes convertible into common stock of Sirius….”
Miriam Marcus-Forbes.com
Has other Sirius articles..
Story is Sirius Serious Debt.
http://www.forbes.com/2009/02/12/sir...rtner=yahootix
Now, NASDAQ listing rules require a stockholder vote when deciding to sell more than 20% of voting shares to any one party(or even shares that can be converted to voting shares(preferred)). Mel sold 40%. How did he get away with this? There is a special exception that if there isnt time for a vote, and the company is under “dirress”, it is allowed.
Timeline of the news is what gave it away.
1. Echostar buying debt.
2. Echostar talked to Mel in Dec.
WOWOWOWHWOO waaaiittt a minute. Really? Hmmmmmm. Doesn’t that mean Malone was called 2 seconds later. They turned down Ergens deal WHICH WAS PROBBALY BETTER THAN MALONES. Look at what he would have given. Cash, and reworked all debt. All debt of 09 paid off with less loaned than Malone was demanding. Only difference, maybe Mel keeps his job, and Malone is someone theyd rather work with. Forget the stockholders, we will railroad another screw you right up there as**s. If we fake bk, then we wont have to get approval, they wont find out about the specifics of the Ergen deal, and we can take the Malone deal. Who cares that stockholders would have jumped at the Ergen deal. They didn’t want it. So they took it from us, and sold the company out from under us.
Tactics used by market manipulators.
Media.
Lawsuits(I now feel Harleib works for a hedge fund shorting this stock)
Other points..
If you read the article about CEO of overstock.com, you will notice Mark Cuban is not a fan with these people, and went up against them. Guess who is under SEC investigation? You guessed it…
Mark Cuban.
Coincidence? Ya right.
Cramer bashes this stock daily now.
Its “worthless”
Cramer is a notorious short seller with massive hedge fund ties.
Shotgun barrel financing…
Merger agreement is a suicide contract. Id say risk court with the NAB over signing that piece of sh**. They over paid of XM. This is how they start the short…
Give a desperate company bad financing, and know about the deal before the street does.
They were well trenched into their short way before the merger was complete.
I don’t know if there is massive naked short selling on this stock, or its just from the normal short, but it doesn’t trade right, Ive always stated that from the beginning.
NITE was named by Cramer as “setting the market for Sirius”. NITE is handling the shorting obviously. Cramer is bold, and in your face. He marked up a subena from the SEC, do you think he cares about the stockholder of Sirius? Ya right.
These are all tactics described by Patrick, and I see them all in play here. Not saying its why its at .14 cents, but I would believe it if it were true,and it explains a lot.
Media bad mouths Sirius and Mel and loves Malone. Stock is worthless and Sirius has a bad business model, but Malone is a smart investor. The contradictions in the media is mindnumbing.
And the Cramer video, and more good stuff…
Jim Cramer – marketwatch…stock is worthless comment
http://www.thestreet.com/_yahoo/vide...&cm_ite=NA&s=1
Points of interest. If this is a stock show, and the common is worthless, why is Cramer covering it?
Take a shot at Mel, then laughs how NITE is controlling the stock. I almost puked when I see his face saying those words so smugly. Techincally admitting manipulation.
Douglas McIntyre - Claims the stock will be zero in a few weeks.(From last week.)
Another point..
Why did Sirius go up with all the “bad news”..
Maybe real investors know, if there a buyout offer, it might be a good deal for stockholders. Nope. We were left with the bag again.
Im tired, why the ending is less organized. I tried to get this out in time with more order, but I think Ive made my points. There are some startling things I found.
1. Mel faked the BK scare to bypass the rules.
2. Media contradicted itself its its own articles, lines away. Proves lies, and the author is not stating his convictions, just playing angles.
3. Naked short selling might be going on here.
4. One of the most corrupte companies is giving analyst opinion on YOUR stock.
5. NITE is not our friend, and is responsible for where we are now, geez Cramer is laughing to us for admitting this. SEC cant touch him, and he knows it. It’s a big joke to him, watching us lose money.
6. Echostar deal was probably better for stockholders
7. Malone and Sirius have been talking since December.
Thank you for reading my research, I hope it helped. My position now is VERY CAUTIOUS LONG. Im not buying anything there selling on this one.
Still think the end game for this stock will give an out, just not sure how high now. Keep up the faith, stay strong, and don’t let them get you down!!!!
I don't know about Sandra the movie maker. I'm skeptical not about her but how this becomes a piece anyone but those involved are interested in. Reminds me of Hartlieb. Look at that guy. FoxBN even gave his "suit" air time and he came off looking like a whiny beatch. Look. We ALL know, or if you don't by now you should do the research, the gory details of this scenario. They are in the 7/30 prospectus. And they're all perfectly legal. Serious due diligence was needed for anyone still in this stock after the revalue and most of didn't realize the extent of that burden of due diligence. Which always falls on the shoulders of the investOR not the investEE. Period. Too many got into the blame game when anyone who has lost any kind of money have only themselves, not to blame, but to look to in the mirror. Wall Street is not a game for the lighthearted. And unless moviemaker is going to take on all of Wall Street itself (a la a Roger and Me) or all MSM and how they daily manipulate and spin just about everything in life itself, I see little compulsion to this particular story apart from any other in this recent complete financial meltdown. GE @ a 5 handle..now there's a story!! I see our fight as a personal one (within a community) that has its own throughline that will play out not on a screen,, but in places like Sirius Buzz and in our portfolios. That's my take anyway at this point..so if you guys go ahead that's cool, I'm probably out. I'm no Lonesome Rhodes nor do I want to be..I just want to stay focused on what I'm doing here..at least for now. :sunny:
mogami, I am just saying the picture gave me the hebby jebies alright. If the kid is 2 and under ok a naked picture looks ok but I draw the line at 3 and over being cute.
asm...
Thank you! Like that one much betta..other one was making me uncomfy.. :juggle:
163888 right on the mula...
No no no sl62.
If the short was well entrenched prior to the merger, and Mel did the "bad deal" to avoid NAB injunction, then its "shotgun barrel financing". P.I.P.E. Like loan. If the same shorts were in place that offered the loan(GS, etc...) then we know who gained from Sirius having to "hurry" with closing the merger. Im sorry, but that deal was "death" to all long stockholders, which Mel promised would offer great "shareholder value" if consimated. NO there is criminal adtivity involved in this from day 1(merger approval is day 1). Any CEO would rather lose the merger than take a deal the GUARANTEES BK UNLESS A MIRACLE THIRD PARTY INVESTOR SAVES THEM. Sirius was not in dire financial trouble at the time, and they are now. I think I could win in court very easily.
XM would have been bought out, or bk right now. Who buys them out? A dead weight entitiy with huge contracts? Ya right. And you only get bandwidth for SATRD. Cant even use it for TV. So who buys them? Sirius, thats who. On the cheap. From Day 1 we were screwed by Mel. Mel should be in jail, but like I said before, if his end game involves taking this stock price up from the floor, and rebounds, then I will forgive him. He has 2 quarters to show me the money. Then I join Mr. Harlieb.(if hes legit, which i doubt it. I will file and start my own legal action). If we dont get gains in 2 quarters, you see the direction. Mel will hold the sp down to take it private when hes ready. No gains to be had.
gotta roll dudes..bbl
S-162
I tend to agree with your take on the public interest in one of virtually all market stocks that have been taken down.
I don't see any public interest in the misfortunes of investors at all, except for the investor community so the audience for this is quite limited.Then when you delve into the splits in the invest-community regarding stocks trading under a dollar and media stocks in general, the audience gets even tighter.
Then you segment out radio stocks we have really pared it down to only a limited subgroup.
Just my thoughts..............
I agree, that kid looks cute is that the other kids brother, LOL
I am sorry asm I had to do it the laugh is were it is at for me.
All,
I encourage folks to go here:
http://ir.libertymedia.com/phoenix.z...138&p=irol-sec
and read what is going on. It makes me believe even more firmly that Mel showed Malone some really good numbers before they made the deal. I don't think after reading some of the information in their filings.....and about their plans...that they would have taken on this agreement with SIRI if the risk was very substantial..... though they sure hedged their bet with the loan premium.
Mel overpaid for XM. CEO of AMD lost his job for overpaying for ATI. Why shouldnt Mel lose his job to Ergen for overpaying for XM? Ergen would have bought out stockholders, and cleaned the balance sheet. Would have been great. But no, Mel screws us twice. Once with the merger, then with the fake BK.