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" ... As we have seen, the double taxation inherent in a corporate asset sale is prohibitive. But what if T could sell its assets and avoid double taxation? As a C corporation, this can only be accomplished if T has net operating losses that can be used to fully offset the corporate-level gain. If this is the case, T is largely indifferent to an asset sale because the transaction will become equivalent to a stock sale, as A will only pay a single level of tax when T either distributes the sale proceeds or liquidates. Improving matters even more for A and T, because P is typically so desirous of the basis step-up that is the result of an asset purchase, a T with an NOL that agrees to an asset sale can typically negotiate a higher purchase price than if T insists on a stock sale. Because T's NOL will wipe out the corporate-level gain, A walks away with more cash! ... "
" ... Consider the following example: The borrower has a 4% mortgage with a remaining term of 15 years, a balance of $100,000, and a monthly payment of $739.69. The borrower also has $100,000 of assets yielding 2%. I compare the status quo case with the asset-payoff case where the borrower liquidates the assets to pay off the mortgage balance. A major question is, which case will result in the largest net worth after 15 years? ... "
" ... The company ends up with too many lenders and too many classes of securities in an ABS transaction. These investors typically have different incentives; for example, some of them want to maximize their short-term profits, while others focus more on the long-term value. Similarly, owners of different classes of securities may disagree on the right course of action for the company's management. For example, the senior security holders might prefer to liquidate the business and get their cash right away, whereas the junior claim holders might prefer the opposite. After all, the junior claim holders stand to lose everything to the senior claim holders if the company liquidates at a low value, but there is always hope for the company’s resurrection if it stays in the business. ... "
" ... Unless the William Pendleys of the world have their way and the United States liquidates its federal lands, this extraordinary treasure will continue being wrestled over. ... "
" ... Washington Prime is also a STRONG SELL because the mall REIT has co-tenancy related to Bon-Ton and Sears, so similar to WPG, it must manage its cash flows to redevelop the growing list of dark department stores. WPG is in much better shape financially than CBL and the latest earnings were fairly decent, third quarter FFO was $0.37, which was $0.01 above consensus. However, WPG’s $1.00 per share dividend payout does not provide much cushion, especially if Sears liquidates quicker (chapter 7), forcing WPG to speed up its development spend. Also, co-tenancy clauses could plague WPG, especially if JC Penney begins to shed more stores. Our recommendation: Be careful (means STRONG SELL). ... "