Top Hedge Fund News, Member Posts, Hedge Fund Daily Indices and more!

3yrs ago Hedge Fund dealbreaker Views: 456

The Nov. 3 through Jan. 20 period could be very enlightening indeed in this matter.

The wheels of American justice turn slowly, inefficiently and ponderously, if at all. While this feature is often maddening to foreign companies used to their own more favorable and less predictable systems, it was certainly welcome to LVMH when it called off its plan to spend $16 billion on Tiffany & Co. earlier this month. After all, the unwanted deal was set to close on Nov. 24 and its antitrust clearance was due to expire on Feb. 3, and surely no American court could adjudicate such a complicated matter in so short a time. Why, LVMH was confident that the discovery and depositions alone would take well into next year, really rendering the whole thing moot, if you think about it.

Well, Delaware Vice Chancellor Joseph Slights III has thought about it. And while getting ready for a trial in the time it took to strike the deal in the first place—a month—was plainly impossible, one thing would become clearer sooner, specifically whether LVMH’s reason for abandoning its agreement with Tiffany, the Franco-American trade war set to break out on Jan. 6, would actually occur, and whether it will last longer than two weeks. So why not have everyone get together in a Wilmington court room (pandemic permitting) with some popcorn and see if the fireworks go off.

“We appreciate the court’s ruling today to expedite the process,” said Tiffany Chairman Roger Farah. “A trial on Jan. 5, 2021, will hopefully lead to a ruling prior to the expiration of U.S. antitrust clearance on Feb. 3, 2021, and enable us to protect our company and our shareholders.”

Still, the next two months are going to suck big-time for Tiffany’s if it’s going to avoid giving LVMH other reasons for junking the marriage.

Tiffany’s capital expenditures are capped until the deal’s closing date and the agreement doesn’t stipulate a budget for next year. Its shares outstanding are also capped, meaning a delay would prevent it from paying equity compensation to employees at year-end.

Moreover, Tiffany can’t hire or fire employees at the level of vice president or above or enter into material contracts, including the signing of store leases, without LVMH’s consent.

Tiffany, LVMH Trial Set for Early January [WSJ]


Today's Hedge Fund Headlines:

Log In for More
Access Over 250K+ Industry Headlines, Posts and Updates
Not a member yet?

Join AlphaMaven

The Premier Alternative Investment
Research and Due Diligence Platform for Investors

Free Membership for Qualified Investors and Industry Participants
  • Easily Customize Content to Match Your Investment Preferences
  • Breaking News 24/7/365
  • Daily Newsletter & Indices
  • Alternative Investment Listings & LeaderBoards
  • Industry Research, Due Diligence, Videos, Webinars, Events, Press Releases, Market Commentary, Newsletters, Fact Sheets, Presentations, Investment Mandates, Video PitchBooks & More!
  • Company Directory
  • Contact Directory
  • Member Posts & Publications
  • Alpha University Video Series to Expand Investor Knowledge
  • AUM Accelerator Program (designed for investment managers)
  • Over 450K+ Industry Headlines, Posts and Updates
ALL ALPHAMAVEN CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY MEMBERS DOES NOT NECESSARILY REFLECT THE OPINION OR BELIEFS OF ALPHAMAVEN AND HAS NOT ALWAYS BEEN INDEPENDENTLY VERIFIED BY ALPHAMAVEN. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. THIS IS NOT A SOLICITATION FOR INVESTMENT. THE MATERIAL PROVIDED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY INTERESTS OF ANY FUND OR ANY OTHER SECURITIES. ANY SUCH OFFERINGS CAN BE MADE ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE INVESTMENT'S PRIVATE PLACEMENT MEMORANDUM. PRIOR TO INVESTING, INVESTORS ARE STRONGLY URGED TO REVIEW CAREFULLY THE PRIVATE PLACEMENT MEMORANDUM (INCLUDING THE RISK FACTORS DESCRIBED THEREIN), THE LIMITED PARTNERSHIP AGREEMENT AND THE SUBSCRIPTION DOCUMENTS, TO ASK SUCH QUESTIONS OF THE INVESTMENT MANAGER AS THEY DEEM APPROPRIATE, AND TO DISCUSS ANY PROSPECTIVE INVESTMENT IN THE FUND WITH THEIR LEGAL AND TAX ADVISERS IN ORDER TO MAKE AN INDEPENDENT DETERMINATION OF THE SUITABILITY AND CONSEQUENCES OF AN INVESTMENT.