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SNS and WEST to merge


PullTheTrigger

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http://finance.yahoo.com/news/The-Steak-n-Shake-Company-and-prnews-1687069780.html?x=0&.v=1

 

The Letter of Intent contemplates that on or prior to closing Western will distribute to its stockholders all of the SNS shares beneficially owned by Western. Further, under the terms of the Letter of Intent, the consideration payable to Western's stockholders will be based on a net transaction valuation of approximately $22,959,000.00. At closing, each share of Western's common stock would be converted into the right to receive an amount equal to approximately $8.11 in the principal amount of debentures issued by SNS. It is anticipated that the SNS debentures will have a term of five (5) years, will bear interest at the rate of 14 percent per annum and will be pre-payable without penalty at the option of SNS after one (1) year from the date of issuance.

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I'm having trouble understanding this.. anyone care to explain?

 

Edit: Im thinking by net valuation, they mean the price for WEST after ignoring their stake in SNS.  In which case, those shares will be distributed pro-rate to WEST shareholders?

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Count me in as not fully understanding as well.

 

I think the transaction is two steps:

1) SNS shares held by WEST are distributed to WEST shareholders and

2) the remainder of WEST is valued at $22.9 million and purchased by SNS using the 5 year debenture yielding 14%

 

That puts a value on WEST at $40.3 million broken down as follows:

1) value of SNS shares $17.4 million (1,553,545*$11.20)

2) remeainder of WEST $22.9 million.

 

Does this make sense??

 

 

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"net transaction valuation of approximately $22,959,000.00. At closing, each share of Western's common stock would be converted into the right to receive an amount equal to approximately $8.11 in the principal amount of debentures issued by SNS."

 

seems to me that you receive 8.11 in debentures (principal) + SNS shares prorata.

 

8.11 x 2.83 = 22.95 mill

 

total consideration at today's SNS price 11.11 = 1,553,545 x 11.11 = 17,259.9

                                                      debentures = 22.95

 

Total = 40,218,885 / 2.83 = 14.21 per share

 

 

 

 

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Hmm.

 

So from the 10Q, West says they own 1,5553,545 shares of SNS. There are only 2.83M of WEST Shareholders. Does that mean every 2 shares of WEST will give you a SNS share plus 2 of the debentures?

 

My fast numbers. could be totally off:

 

2,831,884  Shares of West

1,553,545  West owned shares of SNS

 

Estimate of Value at Announcement:

$11.17 * 1,553,545 = $17,353,097.65

$8.11 * 2,831,884  = $22,966,579.24

Total Value: $40,319,676.89

Value per share of WEST = $14.24

 

The challenge is the value of SNS. Is it undervalued at $11.17? I think it is and thus have purchased a full new position into WEST this morning at $12.85 which if the merger goes through guarantees me a fixed return on the investment of 8.83% (14% interest on $8.11 for one year) plus the upside potential of SNS. I already own a half position in SNS with a cost average around $6.50.

 

You can do a goal seek to see where the trade falls into negative territory. I think this is a good trade long term.

 

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Perhaps, this is why he delayed on the WEST shareholder's letter, n'est ce pas?  I'm sure there will be some more clarity after today's AGM and when the letter comes out.  Either way, we now know exactly where his time will be spent going forward.  I think it's great news, with a slight but fair premium to WEST shareholders for their loyalty, and long-term SNS is the main holding company vehicle.  Excellent!  Cheers!

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Hmm.

 

So from the 10Q, West says they own 1,5553,545 shares of SNS. There are only 2.83M of WEST Shareholders. Does that mean every 2 shares of WEST will give you a SNS share plus 2 of the debentures?

 

remember that west shareholders have a 85% interest in western acquisitions. i believe that western acquisitions holds the sns hsares, not corporate. so you'll need to adjust west's shareholders ownership of the 1, 555, 545 shares to 1,322,213 (85%). is this right?

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remember that west shareholders have a 85% interest in western acquisitions. i believe that western acquisitions holds the sns hsares, not corporate. so you'll need to adjust west's shareholders ownership of the 1, 555, 545 shares to 1,322,213 (85%). is this right?

 

link01,

 

your numbers make more sense to me.

 

last 10Q "As of June 30, 2009 and December 31, 2008, Western Investments, Inc. owned 85.1% of Western Acquisitions, LP. "......."As of June 30, 2009, Western Acquisitions, LP owns a total of 1,553,545 shares of The Steak n Shake Company’s common stock."  Yeap so 1,322,213.

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My concern is that $22+ million of cash is being diverted from the merged entity for distribution to West shareholders, instead of the cash being allocated by Sardar for the collective benefit of shareholders. 

 

How is $22M being diverted?  SNS is going to pay with debentures. Maybe the $3M per year for interest costs for the debs but not 22M at once.

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From what I see, Lion fund owns 934k shares of West at a cost basis in the $8-9 range.  After deducting the value of SNS shares spun off, this sale will result in a taxable event for Lion partners/Biglari.  So that's why I'm confused as to why it's not structured more tax efficiently. 

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Im surprised.. for a board with heavy interest in Steak N Shake, no one is going to look at the accretive value from the transaction?  Possible synergies?  There's probably 1.5 million saved a year just from de-listing and sharing auditing.

 

By the way, judging by the wording from that lawyer, he seems to (wrongly) think there is no SNS pro-rata share distribution.

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There is no one upset.  This guy's firm specializes in starting class action lawsuits in "Securities Fraud" or "Takeover cases".  Take a look at his "FAQ's on Takeover Cases".

 

http://www.howardsmithlaw.com/Takeover.html

 

His #3 point says that corporate directors own so much stock that they do a transaction that is self-serving and not beneficial to all shareholders.  How is that possible in this case, if the WEST shareholders are receiving SNS shares, and Biglari and Cooley are shareholders in both WEST and SNS, as well as through their investments in TLF.  It's a rubbish lawsuit!  These guys try to bluff the corporation into making a larger offer while convincing other shareholders to join the lawsuit.  In the end, it's often cheaper for the corporation to up the bid a bit and settle the suit, while the lawyer takes his cut from the shareholders.  The guy's a leech!  Cheers!

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Is there anyone from WESTs standpoint that is dissapointed that there is not an all stock option?  I invested in WEST to get Sadar's abilities at running a firm not to get a debt instrument.  I own enough WEST that trying to sell WEST and buy SNS may cause a pricing issue (due to bid/ask spread and available shares).  I have sent an e-mail to WEST requesting consideration of an all stock option.  If any of you are in the same boat you may want to let your voices be heard.  Thx.

 

 

Packer

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Is there anyone from WESTs standpoint that is dissapointed that there is not an all stock option?  I invested in WEST to get Sadar's abilities at running a firm not to get a debt instrument.  I own enough WEST that trying to sell WEST and buy SNS may cause a pricing issue (due to bid/ask spread and available shares).  I have sent an e-mail to WEST requesting consideration of an all stock option.  If any of you are in the same boat you may want to let your voices be heard.  Thx.

 

 

Packer,

 

I am in the same situation as you.  I'd much rather have an all stock option. I will send and email, as well.

Thanks,

 

--Eric

 

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