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Private Equity Wins as Banks’ Leveraged Buyout Fears Dwindle

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Buyout titans are benefiting as banks get less fearful about leveraged buyouts, Bloomberg News reported. When Leonard Green & Partners recently decided to buy a majority stake in SRS Distribution Inc., banks led by Bank of America Corp. and Barclays Plc sought loans and bonds to help finance the $3.6 billion buyout. Investors have so far been willing to increase debt for the building supply company to more than seven times a measure of earnings, a level that just a few years ago would have raised regulators’ eyebrows. Debt in leveraged buyouts is creeping above the six times level that regulators said in 2013 was potentially too risky, after commitments to private equity deals scorched banks during and after the crisis. The average company in an LBO had borrowings equal to 6.4 times earnings before interest, taxes depreciation and amortization in 2018, according to Fitch Ratings. Last year it was 6.2 times EBITDA and in 2016, it was 5.9 times.
 

Premium Point Founder, Members Plead Not Guilty to Fraud Charges

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The founder and two former members of New York investment firm Premium Point Investments LP on Friday pleaded not guilty to charges that they inflated the value of assets held by the firm’s hedge funds by more than $200 million, Reuters reported. Premium Point founder Anilesh Ahuja, former partner Amin Majidi and former trader Jeremy Shor pleaded not guilty to charges of securities fraud, wire fraud and conspiracy before U.S. District Judge Katherine Polk Failla in Manhattan federal court. Premium Point, which specialized in mortgage-related investments through hedge and private-equity funds, managed assets valued at more than $5 billion at its peak, according to prosecutors. It filed for bankruptcy in March.

Compromise Rejected as Icahn Adds Nominees for SandRidge Board

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Activist investor Carl Icahn announced two more nominees for SandRidge Energy Inc.’s board of directors, signaling he’s not interested in a proposed settlement of his fight to take control of the oil and gas explorer, Bloomberg News reported. In a regulatory filing on Friday, Icahn increased his slate of candidates to seven and said it was in SandRidge’s “best interests" for shareholders to elect all of them to replace the current directors at the Oklahoma City company. That followed SandRidge’s announcement earlier last week that it was expanding the five-member board in an attempt to make room for two Icahn representatives. Icahn last month nominated five replacements for the board, after months of criticizing management and helping to scuttle its proposed acquisition of Bonanza Creek Energy Inc. SandRidge has seen its market value plunge from $11 billion before a 2016 bankruptcy to about $500 million today. It has said that it is conducting a review of its options, including a potential sale to Icahn or another party.

Bill to Roll Back Post-Financial Crisis Banking Rules Gets Clear Path to Passage

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The House will take up a Senate-passed bill rolling back banking regulations, breaking an impasse that imperiled passage of the legislation that is backed by the White House, Republicans and some Democrats, the Washington Post reported. House Speaker Paul D. Ryan (R-Wis.) told reporters yesterday that an agreement had been reached and that “we will be moving the Dodd-Frank bill” along with a companion package of legislation supported by House Financial Services Committee Chairman Jeb Hensarling (R-Tex.). Hensarling had been pushing to amend the Senate version of the bill undoing or shrinking portions of the Dodd-Frank Act that was passed in the wake of the financial crisis a decade ago. But the bipartisan coalition of senators who got the bill through the Senate — over the objections of liberals like Sen. Elizabeth Warren (D-Mass.) — warned that changing their delicate compromise would end up killing the bill. In the end, Hensarling backed down, leaving the legislation a clear path to passage. It has moved through the Senate and appears to have plenty of support to pass the House. The House will now vote on the Senate’s version of the bill unchanged and send it to President Trump for his signature.

Florida Accuses Agents of Selling Unregistered Securities in Alleged Woodbridge Ponzi Scheme

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Florida’s Office of Financial Regulation has filed an administrative complaint against several South Floridians and accused them of selling unregistered securities to investors in the failed Woodbridge Group of Companies, the Broward County Sun Sentinel reported. According to the state’s complaint filed on Monday, Woodbridge and its agents allegedly sold investors two types of unregistered securities: “promissory notes totaling at least $800 million (sold in approximately 8,000 transactions) and private placement ‘units’ totaling at least $200 million.” Both Woodbridge and its sales agents marketed the investment program by calling the opportunity a “First Position Commercial Mortgage,” the complaint says. Woodbridge called the mortgages “private third party” loans. The state agency alleges that the Florida sales agents committed more than 3,300 state securities violations against more than 800 Florida investors who sank $100 million into Woodbridge.

SEC launches Searchable Database of Targeted Fraudsters

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The Securities and Exchange Commission (SEC) on Wednesday launched a searchable database of individuals who have been targeted by the federal watchdog for allegedly breaking trading laws, The Hill reported. The database, called the SEC Action Lookup for Individuals (SALI), allows investors to check whether the person offering them an investment has been penalized for violating securities laws. The tool is intended to help investors avoid bad actors likely to defraud them, SEC Chairman Jay Clayton said in a statement. "One of the SEC’s most important tasks is to arm our investors with the tools necessary to identify potential fraudsters. An important risk factor is whether the person you are dealing with has a disciplinary history with the SEC or other regulators,” Clayton said. The SEC said that the database will include individuals “who have settled, defaulted, or contested an enforcement action brought by the SEC, provided that a final judgment or order was entered against them in a federal court or an administrative proceeding.”

Blackstone Unit Acknowledges Hovnanian Swaps Backlash

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Blackstone Group LP’s GSO Capital Partners said that it could support “appropriate changes” to credit-default-swap contracts in response to U.S. regulators’ apparent concerns around a derivatives trade on Hovnanian Enterprises Inc., WSJ Pro Bankruptcy reported. Hovnanian skipped an interest payment due Tuesday on bonds it repurchased and parked with an affiliate, opening the door for GSO to collect payouts on credit-default swaps that insure against nonpayment. The missed payment moves GSO’s complex trade, hatched on the sidelines of a Miami finance conference in February 2017, to the actual from the theoretical just as U.S. financial regulators began to weigh in. It will be up to an International Swaps and Derivatives Association committee whether the default triggers credit-default-swaps contracts tied to Hovnanian debt. The nonpayment was required of the home-building company under a sweetheart-lending deal with GSO featuring off-market debt designed to maximize the payday.

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Caesars Union Wants Private-Equity Firms Off Board Committee

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A union of Caesars Entertainment Corp employees has asked its board to remove several private-equity representatives from the compensation committee, citing high pay for top executives as Caesars’ operating unit emerged from bankruptcy, Reuters reported. “Executive compensation at Caesars is out of control,” said a Las Vegas affiliate of Unite Here, which represents more than a third of Caesars’ 52,000 workers. The union cited concerns including large stock awards to leaders including Caesars Chief Executive Mark Frissora, and that directors will not hold an advisory vote on executive compensation at their annual meeting scheduled for May 30. The company’s April 10 proxy shows Frissora made $23.9 million in 2017, up from $9.5 million in 2016. The increase mainly reflected the value of a one-time grant of $16.5 million in restricted stock meant to retain his services, the proxy states. In addition to the removal of Apollo Global Management and TPG Capital representatives from the compensation committee, Unite Here asked Caesar’s board to increase employee pay and to cap CEO pay at 150 times that of the median employee. Frissora made 601 times as much as his median worker last year, according to the company’s proxy, reflecting the new “pay ratio” disclosure requirement for U.S. companies this year.

Veteran Investors Turn Away From Distressed Debt as Opportunities Dry Up

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A number of distressed-debt hedge funds are abandoning traditional loan-to-own strategies after years of low interest rates resulted in meager returns for investors, and some are even investing in equities, WSJ Pro Bankruptcy reported. Distressed-debt investing, long the purview of legendary investors like David Tepper of Appaloosa Management and Howard Marks of Oaktree Capital Management, has been a tough way to make money in recent years. A decade of low interest rates have made it much easier for troubled companies to find money and refinance debt. BlueMountain Capital Management LLC and Arrowgrass Capital Partners LLP are some of the bigger funds that have shifted away from this niche-investing strategy.