I have taken a large position on Sears going into the Sale hearing on Feb 1st after a revised bid was submitted today for $5 Bil, giving it a valuation almost 100x the current Market Cap. I do believe the stock should more than likely do at the very least 3x the current PPS and at the very most 9x the current PPS going into the Sale Hearing.
Here's some info I found on another case for Lampert which makes a very valid point:
"$GGP the same scenario happened there many were against Lampert debtors and creditors and was fought legally, the judge eventually sided with Lampert and the offer was accepted commons were not wiped out and many who held made tons of money selling at $29 bucks from a position of .65 cents
The price started to go up slowly before the offer acceptance and once it was accepted we got to $2 dollars and by the time they got out of bankruptcy it started to move and in less that two years or so I cannot remember exactly we were in mid twenties lots of money was made.
I repeat not once in legal disclosures or security filings has sears ever mentioned anything about commons being cancelled.
There is always a disclosure when companies file for bankruptcy, they disclose this very clearly that they do not expect commons to survive. Why then are insiders still holding their common shares?"
Insider Ownership:
ESL Partners, L.P.
156,380,740 (1)(2) 73.4 % (3)
JPP II, LLC
65,015,615 (4)(5) 37.3 % (6)
SPE I Partners, LP
150,124 0.1 %
SPE Master I, LP
193,341 0.2 %
RBS Partners, L.P.
156,724,205 (1)(7) 73.6 % (3)
ESL Investments, Inc.
156,724,205 (1)(7) 73.6 % (3)
JPP, LLC
44,629,752 (5) 29.0 % (8)
Edward S. Lampert
156,724,205 (1)(7) 73.6 % (3)
Important Future Dates:
• January 11, 2019 (10:00 a.m.): Hearing on Stalking Horse Designation Objections and on objections to the qualification of any Credit Bid by affiliate or insider, if necessary.
• January 14, 2019 (10:00 a.m.): Auction held at Weil offices, if necessary.
• January 16, 2019: Target date for debtors to file with the Bankruptcy Court the Notice of Auction Results and to provide the applicable Counterparty with Adequate Assurance Information for the Successful Bidder (if different than the Stalking Horse Bidder)
• The later of (i) January 24, 2019 and (ii) eight days of filing of the Notice of Auction Results and Service of the Adequate Assurance Information: Deadline to object to (i) the proposed Sale Transaction for a Successful Bidder (including a Stalking Horse Bidder), (ii) Debtors’ proposed Cure Costs for Proposed Assumed Contracts not included in any Stalking Horse Bid, (iii) the assumption of and assignment to a Successful Bidder that is not a Stalking Horse Bidder of any Proposed Assumed Contracts or any Contracts or Leases that may later be designated by such Successful Bidder for assumption and assignment, and (iv) conduct of the Auction
• January 29, 2019 (4:00 p.m.) or two days prior to the Hearing Date: Debtors’ deadline to reply to Sale Objections
• February 1, 2019 (10:00 a.m.): Sale Hearing
Sears is a 126 year old corporation and the pioneer of many things we have today in retail. I do believe the company and commons will be saved either through Lampert or a buyout from another organization, maybe one of the many insiders who still have a majority stake in the company where they can offset the price of buying it out with the dramatic increase of the PPS from this level.
I am Mid to Long term depending on how the PPS plays out and the price.
Here's some info I found on another case for Lampert which makes a very valid point:
"$GGP the same scenario happened there many were against Lampert debtors and creditors and was fought legally, the judge eventually sided with Lampert and the offer was accepted commons were not wiped out and many who held made tons of money selling at $29 bucks from a position of .65 cents
The price started to go up slowly before the offer acceptance and once it was accepted we got to $2 dollars and by the time they got out of bankruptcy it started to move and in less that two years or so I cannot remember exactly we were in mid twenties lots of money was made.
I repeat not once in legal disclosures or security filings has sears ever mentioned anything about commons being cancelled.
There is always a disclosure when companies file for bankruptcy, they disclose this very clearly that they do not expect commons to survive. Why then are insiders still holding their common shares?"
Insider Ownership:
ESL Partners, L.P.
156,380,740 (1)(2) 73.4 % (3)
JPP II, LLC
65,015,615 (4)(5) 37.3 % (6)
SPE I Partners, LP
150,124 0.1 %
SPE Master I, LP
193,341 0.2 %
RBS Partners, L.P.
156,724,205 (1)(7) 73.6 % (3)
ESL Investments, Inc.
156,724,205 (1)(7) 73.6 % (3)
JPP, LLC
44,629,752 (5) 29.0 % (8)
Edward S. Lampert
156,724,205 (1)(7) 73.6 % (3)
Important Future Dates:
• January 11, 2019 (10:00 a.m.): Hearing on Stalking Horse Designation Objections and on objections to the qualification of any Credit Bid by affiliate or insider, if necessary.
• January 14, 2019 (10:00 a.m.): Auction held at Weil offices, if necessary.
• January 16, 2019: Target date for debtors to file with the Bankruptcy Court the Notice of Auction Results and to provide the applicable Counterparty with Adequate Assurance Information for the Successful Bidder (if different than the Stalking Horse Bidder)
• The later of (i) January 24, 2019 and (ii) eight days of filing of the Notice of Auction Results and Service of the Adequate Assurance Information: Deadline to object to (i) the proposed Sale Transaction for a Successful Bidder (including a Stalking Horse Bidder), (ii) Debtors’ proposed Cure Costs for Proposed Assumed Contracts not included in any Stalking Horse Bid, (iii) the assumption of and assignment to a Successful Bidder that is not a Stalking Horse Bidder of any Proposed Assumed Contracts or any Contracts or Leases that may later be designated by such Successful Bidder for assumption and assignment, and (iv) conduct of the Auction
• January 29, 2019 (4:00 p.m.) or two days prior to the Hearing Date: Debtors’ deadline to reply to Sale Objections
• February 1, 2019 (10:00 a.m.): Sale Hearing
Sears is a 126 year old corporation and the pioneer of many things we have today in retail. I do believe the company and commons will be saved either through Lampert or a buyout from another organization, maybe one of the many insiders who still have a majority stake in the company where they can offset the price of buying it out with the dramatic increase of the PPS from this level.
I am Mid to Long term depending on how the PPS plays out and the price.
