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It is outrageous to have destroyed its shareholders, when we see our company doing so much money. We are The Griswolds Family with a bad boss. Surely no bonus again for Christmas! Must laugh! Happy party, anyway, to all my friends, who worked very hard for their money. The Lord will give you what you deserve better. That he bless all your families and gives you health and happiness, it is the most important in the life.
Clark
What do you mean by price comm.?
My last post on this topic.
To close and understand all this bankruptcy. It is interesting to read the work of the University of Montreal in the case of bankruptcy AbitibiBowater.
The report of L'UQAM said that the merger, bankruptcy and restructuring are an indivisible whole to meet the financialization of the company by a transfer of risk to workers and communities while allowing redefine greater wealth for a new class of speculative investors (Between us, it means that everything was arranged (Financialization = CDS)). And in his, finding, they say, well, that bankruptcy has been endorsed by a State policy, the Québec government to restructure its forest sector
http://interventionseconomiques.revues.org/1594?lang=en#article-1594
An other case Shareholders For Justice.
http://jimymac.blogs.com/shareholdersforjustice/
Yes, still waiting for justice
Read this
http://money.ca.msn.com/investing/news/business-news/resolute-ditches-abitibibowater-name
This is disgusting! What about us old shareholders?
I've lost faith and interest in investing!
Shares Undervalued -- Share Re-purchase
And the hits just keep on coming.
Carey allowed $2250 claim of Ruth Harkin....
Continue to watch with Interest
Looks like we are in the final blow-off top innings for precious metals too. Not sure how long that will last.
Lumber (as a commodity) looks very interesting from Abitibi's bid for Fibrek. I guess tonight's the dealine, unless it is extended.
Maybe Abitibi, Fibrek, West Fraser and Tembec should just merge and get it all over with. Flaherty said the industry was to be re-structured -- of course these guys justify it as in the "public interest" to use illegal naked shorting and Credit Default Swaps to get their own way.
Also, watching the Dynegy situation too.
Out for now - best wishes for 2012 to all fellow posters.
2231264067500001225
Garneau on the offer to buy Fibrek:
"Since we announced our offer late in November, Fibrek has found time to adopt the tactical poison pill and enhance compensation packages for senior management, but has yet to provide its shareholders with a competitive alternative to our offer. Shareholders must now be given the opportunity to decide for themselves whether or not to accept our offer."
Amazing how his interest in shareholders' interest has changed.
http://www.bnn.ca/News/2012/2/10/Mercers-170M-offer-for-Fibrek-tops-Abitibi-bid.aspx
I hope abitibi goes BK again. They have some money to try and buy Firek but have no money for us old shareholders. What a joke!
got a few shares of the new wamu coming
we should have recovered here
Legislation on the case, AbitibiBowater, at Parliament of Quebec. Mr. Rebello keeps his word.
At the Adoption of the Law 7 Parliament of Quebec. The case of AbitibiBowater has been cited as an example. Here is an excerpt below. Maybe this can help you. Also was present, the AMF, I believe, is the equivalent of the SEC in Canada. Both SEC and AMF authorities, speak every week. I can not believe that the investigation be completed on this fraud. When one mentions such an anomaly in a parliament and that we pass legislation to prevent such fraud, It's that the former shareholders of AbitibiBowater are the victim of this planning by management.
Important question? 1) Have you received your notice of hearing?
2) Do we have still time for a class action?
-----------------------------------------------------------------
http://www.assnat.qc.ca/fr/travaux-parlementaires/commissions/cfp-39-2/journal-debats/CFP-111121.html
The second proposal we do is in section 43 of Bill 7, the bottom is to ensure that frames ... that's compared to the conflict of interest, the first point I have brought you to the beginning of the session today, the importance of framing the conflict of interest in the detention of products.
Basically, what we propose is to specify that a person can not hold securities, derivatives in an amount sufficient to come to place a conflict of interest with respect to its power restructuring in the company. We had taken as an example. AbitibiBowater, which bondholders who had a say in the restructuring could also hold "credit default swap" that were betting on the collapse of the company in an amount sufficient to influence their future votes on restructuring . That's what prompted doubts about the decision that was made in restructuring Abitibitibibowater. But in the media, it was noted that a significant portion of bondholders could hold also in large quantities of "credit default swap." So we propose to add a fourth item of Article 43, right, which states, (it looks like: By inserting at the end of paragraph 11, the following: "It must limit the holding of derivatives risk of default, "credit default swap" on the company to a person who also has securities with a restructuring of the power company as creditors, shareholders holding more than 1% of the company and a fund or another company in connection with an administrator in order to prevent there being more interest in the failure of the company.) So that's the proposal we made, just to clarify in the bottom Article 43 the principle we want to prevent the owner of "credit default swap" is a conflict of interest in the company. So, it submits that the Second Amendment to the minister and hope he will be able to watch it with his team and then come back with an opinion on it. With that, I will ask the President if it were possible to take a short break to go to the bathroom.
Mr. Rebello: ... to ensure that these people are in conflict of interest in the restructuring of a company. It seems appropriate that it be done. Because right now it is not clear who should do it. In fact, there is no one who looks at it right now. Then the only actor who could really do it, the AMF <T>. Ensure that, when there is transaction ... For example, suppose that there is a transaction of a significant amount of "credit default swaps" based on ... that focus on the fall of any business. Well, the two actors who make this transaction there, one who sells and who buys that product have necessarily a situation of interest versus the company. It should be ensured that there is nobody in there is a conflict of interest, that is to say that his interest in relation to its "credit default swaps" that holds would the ... as opposed to its interests as a shareholder or creditor. That's right, that is the objective. I think the minister will also .
This is one question that is on the agenda in the U.S. right now. The SEC consult on legislation called Dodd-Frank. Then one component in this regulation is precisely to know is do we have to limit ... we must frame the famous CDS, credit-default swaps. We in Quebec, I think we had better ask the question too. Of course, we can not do it alone, then these regulations. We must act together with others. But I think to follow that debate is very timely, especially in the context where we, we have large companies such as Abitibibowater, which are very important business here, which ... with thousands of jobs, and who find themselves victims sometimes a little of the reality of financial markets. That is to say that the company executives can not just act in the direction to produce the best product at the best price and then sell it. They must also act in the interests of their board of directors and shareholders who are represented. So it's important to look at these issues not to be just one of the victims of this.
Abitibi to Buy Fibrek (lovely)
In the event board is kaput -- will post under Dynegy. We have a lot in common with Dynegy Bondholder Legal Interests.
In light of Tembec sale today -- it looks like WFT will pick them up in due course. But would not rule out Abitib just yet -- cause sale was in BC. And Tembec appears to be going to the secondary market for financing on their 190 million cogen-project.
Resolute Forest Products plans take-over bid for Fibrek
November 28th, 2011 | Posted in Mill Sales/Transfers | No comments »
Resolute Forest Products (previously known as AbitibiBowater) intends to make a formal take-over bid to acquire all of the issued and outstanding common shares of Fibrek Inc.
“The acquisition of Fibrek is consistent with our strategy,” stated Richard Garneau, President and Chief Executive Officer. “As we continue to focus on building a sustainable and profitable Company, growth in expanding global pulp markets is the right move, at the right time, for Resolute Forest Products. The range of optimization opportunities that we expect from this acquisition will, over time, deliver increased value to our shareholders.”
The offer would contemplate that holders of Fibrek shares could elect to receive, for each Fibrek share:
Cash and Share Option: C$0.55 in cash and 0.0284 of a Resolute share
Cash Only Option: C$1.00 in cash (subject to proration, as described below)
Shares Only Option: 0.0632 of a Resolute share (subject to proration, as described below)
The maximum amount of cash available will be approximately C$71.5 million and the maximum number of Resolute shares to be issued will be approximately 3.7 million shares. For purposes of calculating the applicable proration, the maximum cash available and the maximum shares available will first be reduced by the amounts necessary to fully satisfy the Cash and Share Option. The Cash Only Option and the Shares Only Option will each be subject to proration in the event aggregate elections exceed the remaining cash or the remaining shares, respectively. If proration applies, the remaining consideration will be delivered in Resolute shares if the Cash Only Option is prorated, or in cash if the Shares Only Option is prorated.
The offer will contain customary conditions for transactions of similar nature, including, among others, a 66?% minimum tender condition, waiver or termination of all rights under any shareholder rights plan(s), receipt of all regulatory, governmental and third-party approvals, consents and waivers, Fibrek not having implemented or approved any issuance of shares or other securities or any other transaction, acquisition, disposition, capital expenditure or distribution to its shareholders outside the ordinary course of business, and the absence of occurrence or existence of any material adverse effect or material adverse change.
Resolute has entered into lock-up agreements with three significant shareholders of Fibrek, including Fairfax Financial Holdings Limited and Pabrai Investment Funds, holding, directly or indirectly, an aggregate of 59,502,822 Fibrek shares (representing approximately 46% of Fibrek’s issued and outstanding Common Shares). Under the Lock-up Agreements, each of the locked-up shareholders has agreed to tender, or cause to be tendered, all of its Fibrek Common Shares to Resolute’s offer, subject to certain conditions. The Lock-up Agreements provide, among other provisions, that Resolute commence a formal take-over bid on or before December 30, 2011, provided certain conditions are satisfied, including there not having occurred any material adverse change with respect to either Resolute or Fibrek. Under the Lock-up Agreements, which are being filed with the U.S. Securities and Exchange Commission (the “SEC”), also available on the Canadian SEDAR filing system, the Locked-up Shareholders have no ability to withdraw any Fibrek Common Shares to tender to or facilitate any competing transaction.
The offer represents a premium of approximately 39% over the closing price of Fibrek’s shares on November 28, 2011, and a premium of approximately 31% over the volume-weighted average trading price of the shares on the TSX for the 20 trading days ending on that date.
Full details of the offer will be included in the formal offer and the take-over bid circular to be filed with the securities regulatory authorities and mailed to Fibrek shareholders.
Based on Fibrek’s public disclosure, it has 130,075,556 issued and outstanding Common Shares (on a non-diluted basis), valuing the offer at approximately C$130 million, or approximately US$126 million. Resolute currently owns no Fibrek Common Shares.
BMO Capital Markets is acting as financial advisor to Resolute, while UBS is acting as financial advisor to a special independent committee of the Board of Resolute.
Source: Resolute Forest Products
About Fibrek
Fibrek is a leading producer and marketer of high-quality virgin and recycled kraft pulp. The company operates three mills located in Saint-Félicien, Québec, Fairmont, West Virginia, and in Menominee, Michigan with a combined annual production capacity of 760,000 tonnes. Fibrek has approximately 500 employees. The Saint-Félicien mill provides northern bleached softwood kraft pulp (product known as NBSK pulp) to various sectors of the paper industry mainly in Canada, the United States and Europe, for use in the production of specialized products. The Fairmont and Menominee mills manufacture air-dried recycled bleached kraft pulp (product known as RBK pulp) and primarily supply manufacturers of fine uncoated paper, tissue paper for commercial and industrial uses, and coated paper in the United States
Here You Go: It's Over. We're done folks.
Posted 2011-11-21 11:14
by Karl Denninger
in Editorial
Here You Go: It's Over
http://market-ticker.org/akcs-www?singlepost=2790911
We're done folks.
CNBC is reporting that there are now clients running out of the markets entirely because they do not believe their customer funds are safe.
That's the end of it. The belief that there are more MF Globals has now taken hold. The thieves have pushed it too far and now we've got the start of a global liquidity run, and with good reason.
The authorities both in the regulatory side and on the prosecutorial side have refused to put a stop to the thievery and now the risk factors have turned into realized risk.
The market is done folks. You can be right but if you make your bet in the markets, are right, and then get screwed anyway when someone steals the money and nobody goes to jail there comes a time when people begin to understand that it can happen to them and will unless they depart the market.
We're there folks.
Oh sure, there will be rallies and there will be selloffs. But there is no longer a market, there is no longer a thing to trade, and there is no longer a reason to believe that superior analysis will lead to profit or even safety.
This isn't just about speculators - it is also about farmers, shippers, airlines, manufacturing concerns, everyone in business who has a need to hedge.
More than four years ago I said that the government had to step in and demand that both off-balance sheet games be ended permanently and in all forms and that all derivatives had to be put on an exchange, without exception, and that every dollar of underwater position had to be backed by an actual dollar of capital in real money, held and known to be safe.
The regulators refused and now it appears that what was put up on a regulated exchange was effectively stolen.
Well folks, then none of your investment accounts -- not your IRA, 401k, not even your bank account -- is safe.
Diversification is a strategy but the risk remains. It is up to you to decide how much you're willing to risk losing to a crook. If the answer is "none" or you cannot reduce the at-risk portion of your assets to what you're willing to lose to fraud then you can no longer participate in the market at all, in any form, nor even do business with a bank.
That sucks, but it is what it is and if this meme spreads -- and it will until it's stopped -- we run the risk of a "sudden stop" economic event.
I hope you're ready for it -- I am to the best of my ability, and you ought to be.
Governments must stop the abuse.
Thank you, best case, where our governments are deadlocked at the abuse of a dying capitalism.
They should punish the abusers who use a law that is made to help companies in difficulty and not for it serves to defraud honest people who believe in justice and a capitalist, industrial standard, and healthy environment for the enrichment of our country.
The problem is that capitalism is sick by his philosophical transformation of INDUSTRIAL capitalism to that of FINANCIER which this latter is no longer focused on the healthy development of industry and wealth sharing, but rather, that of financial speculation, which feeds on the destruction of the economy and fraud authenticated by its power.
That's it, that it must be understood in the case of AbitibiBowater, speculation by CDS caused the bankruptcy of AbitibiBowater, because it was more profitable for creditors to take this path rather that to save the company. Mr. Rebello has denounced, Soros and Buffet too. This is what, we call conflict of interest from the management of the company and issues of governance and transparency.
Thus, the management was rewarded for this destruction because the system only plays the game with a mechanical restructuring of management and protection regulated by law 11 and whose possibility of verification seems almost nil.
However, by the abuse of this system, both by CDS speculation and illegal trading Shornaked, and before the complaints pile up, the judges will be tougher to deal with complaints. And even more, as there is now a mass denunciation of this system, the courts of appeal is now under pressure. Thus it must do justice to counter it abuse.
Thus, the panels of judges who will rule on such cases as AbitibiBowater will be infinitely cautious to finally to give justice for all those who have been swindled by such financial scams. The people waiting for the real verdict, because Obama is now susceptible for all, what is happening, and has promised reforms. They have all in the hands at this case, of Abitibibowater, to replace it on the good road.
It is not by changing its name that can fix everything. At least that it be really RESOLU?
Let more Ch. 11 Games begin
Look at document # 92. from Dynegy Case
http://dm.epiq11.com/DHL/docket/Default....
Just simply cannot see that Judge Morris would dismiss the ch11 filing due to the alleged FC. Judge Morris would really need to get the FC issue settled one way or the other.
Frankly, this looks like a really bold move on PSEG's part.
Here is the introduction from the 40-page filing.
>> INTRODUCTION
This Court should dismiss the Debtors’ bankruptcy cases because the Debtors have
fraudulently and without good faith manufactured an artificial insolvency in an effort to impose
the limitations of section 502(b)(6) of the Bankruptcy Code upon a handful of the Debtors’
creditors. In In re Integrated Telecom Express Inc., 384 F.3d 108, 115 (3rd Cir. 2004), the Third
Circuit ordered the dismissal of a bankruptcy petition in strikingly similar circumstances. The
Third Circuit’s reasoning is directly applicable to these cases, and this Court should follow
Integrated Telecom and dismiss the Debtors’ bankruptcy cases.
The Debtors’ commencement of these chapter 11 cases is the most recent step in a
scheme orchestrated by non-debtor Dynegy Inc. and its other non-debtor affiliates (collectively
with the Debtors, “Dynegy”), along with certain members of the “Control Group.”2 Dynegy Inc.
and certain members of the Control Group have fraudulently stripped value from the Debtors,
and in particular Dynegy Holdings, for the benefit of Dynegy Inc. and its equity holders—and
thereby created an artificial insolvency. They seek to exploit that artificial insolvency to take
unfair advantage of section 502(b)(6)’s cap on certain lease rejection damages. Dynegy Inc.’s
scheme, if successful, would turn the Bankruptcy Code on its head by allowing Dynegy Inc. to
extract and retain much of the value of the Debtors and reap the benefits of the prepetition fraudulent transfers that rendered the Debtors artificially insolvent and caused them to file for
bankruptcy relief in the first instance.
Dynegy Inc. caused the Debtors to file these bankruptcy cases in the wake of three state
court lawsuits, including one filed on November 4, 2011, by the PSEG Entities, all of which
allege that Dynegy and certain members of the Control Group engaged in actual or constructive
fraud when they rendered Dynegy Holdings artificially insolvent by engaging in a restructuring scheme designed solely to benefit Dynegy Inc. and its shareholders, including Icahn Capital and Seneca, at the expense of Dynegy Holdings and its creditors.3 <<
Everyone knows the truth and governments must act.
Bankruptcy of AbitibiBowater, under the law 11, is legalized fraud. The question that arises is: Why management has opted for this option to solve the problems of financing of the company? Because it allowed them to have the same rewards, that in normal times, and in addition, to get rid of the old shareholders. So, bonus rewards, options and shares given in the emergence, plus bonuses retirement and all this without any penalty for mismanagement of management, who said all along that the restructuring that the company was worthless. What Mr. Rebello denounced Parliament of the Québec government.
So the LACC and the law 11 bankruptcy no longer have the credibility to judge a such cause as it encourages fraud legalized by legislation that protects and promotes the rewards of a mismanagement of Management
Thus, if only a living wage would be allowed in bankruptcy under the application of this law, and no bonus, option, distribution shares, or retirement incentive would be allowed during the restructuring, AbitibiBowater would not have gone bankrupt. This is what the government should understand. and that's the truth.
Consequently, Justice Canada and the U.S. government must act, because everybody knows it. This is for the survival of our world capitalism, which needs to be reformed. The CCAA and Chapter 11, are outdated because it can not prevent such scams. George Soros, Warren Buffet, the outraged Occupy Wall Street and lawmakers denounce it, too. So for a better capitalism, you must act in this case. We can not give rewards to a management that has not won ...........................
Lumber Up Now -- PPT having 1a tough time
The Entire System Has Been Utterly Destroyed By The MF Global Collapse" - Presenting The First MF Global Casualty
Submitted by Tyler Durden on 11/17/2011 14:19 -0500
• Barack Obama
• Bond
• Cronyism
• MF Global
• Reality
Presented without comment, merely to confirm that the market as we know it, no longer exists.
BCM Has Ceased Operations (source)
Posted by Ann Barnhardt - November 17, AD 2011 10:27 AM MST
Dear Clients, Industry Colleagues and Friends of Barnhardt Capital Management,
It is with regret and unflinching moral certainty that I announce that Barnhardt Capital Management has ceased operations. After six years of operating as an independent introducing brokerage, and eight years of employment as a broker before that, I found myself, this morning, for the first time since I was 20 years old, watching the futures and options markets open not as a participant, but as a mere spectator.
The reason for my decision to pull the plug was excruciatingly simple: I could no longer tell my clients that their monies and positions were safe in the futures and options markets – because they are not. And this goes not just for my clients, but for every futures and options account in the United States. The entire system has been utterly destroyed by the MF Global collapse. Given this sad reality, I could not in good conscience take one more step as a commodity broker, soliciting trades that I knew were unsafe or holding funds that I knew to be in jeopardy.
The futures markets are very highly-leveraged and thus require an exceptionally firm base upon which to function. That base was the sacrosanct segregation of customer funds from clearing firm capital, with additional emergency financial backing provided by the exchanges themselves. Up until a few weeks ago, that base existed, and had worked flawlessly. Firms came and went, with some imploding in spectacular fashion. Whenever a firm failure happened, the customer funds were intact and the exchanges would step in to backstop everything and keep customers 100% liquid – even as their clearing firm collapsed and was quickly replaced by another firm within the system.
Everything changed just a few short weeks ago. A firm, led by a crony of the Obama regime, stole all of the non-margined cash held by customers of his firm. Let’s not sugar-coat this or make this crime seem “complex” and “abstract” by drowning ourselves in six-dollar words and uber-technical jargon. Jon Corzine STOLE the customer cash at MF Global. Knowing Jon Corzine, and knowing the abject lawlessness and contempt for humanity of the Marxist Obama regime and its cronies, this is not really a surprise. What was a surprise was the reaction of the exchanges and regulators. Their reaction has been to take a bad situation and make it orders of magnitude worse. Specifically, they froze customers out of their accounts WHILE THE MARKETS CONTINUED TO TRADE, refusing to even allow them to liquidate. This is unfathomable. The risk exposure precedent that has been set is completely intolerable and has destroyed the entire industry paradigm. No informed person can continue to engage these markets, and no moral person can continue to broker or facilitate customer engagement in what is now a massive game of Russian Roulette.
I have learned over the last week that MF Global is almost certainly the mere tip of the iceberg. There is massive industry-wide exposure to European sovereign junk debt. While other firms may not be as heavily leveraged as Corzine had MFG leveraged, and it is now thought that MFG’s leverage may have been in excess of 100:1, they are still suicidally leveraged and will likely stand massive, unmeetable collateral calls in the coming days and weeks as Europe inevitably collapses. I now suspect that the reason the Chicago Mercantile Exchange did not immediately step in to backstop the MFG implosion was because they knew and know that if they backstopped MFG, they would then be expected to backstop all of the other firms in the system when the failures began to cascade – and there simply isn’t that much money in the entire system. In short, the problem is a SYSTEMIC problem, not merely isolated to one firm.
Perhaps the most ominous dynamic that I have yet heard of in regards to this mess is that of the risk of potential CLAWBACK actions. For those who do not know, “clawback” is the process by which a bankruptcy trustee is legally permitted to re-seize assets that left a bankrupt entity in the time period immediately preceding the entity’s collapse. So, using the MF Global customers as an example, any funds that were withdrawn from MFG accounts in the run-up to the collapse, either because of suspicions the customer may have had about MFG from, say, watching the company’s bond yields rise sharply, or from purely organic day-to-day withdrawls, the bankruptcy trustee COULD initiate action to “clawback” those funds. As a hedge broker, this makes my blood run cold. Generally, as the markets move in favor of a hedge position and equity builds in a client’s account, that excess equity is sent back to the customer who then uses that equity to offset cash market transactions OR to pay down a revolving line of credit. Even the possibility that a customer could be penalized and additionally raped AGAIN via a clawback action after already having their customer funds stolen is simply villainous. While there has been no open indication of clawback actions being initiated by the MF Global trustee, I have been told that it is a possibility.
And so, to the very unpleasant crux of the matter. The futures and options markets are no longer viable. It is my recommendation that ALL customers withdraw from all of the markets as soon as possible so that they have the best chance of protecting themselves and their equity. The system is no longer functioning with integrity and is suicidally risk-laden. The rule of law is non-existent, instead replaced with godless, criminal political cronyism.
Remember, derivatives contracts are NOT NECESSARY in the commodities markets. The cash commodity itself is the underlying reality and is not dependent on the futures or options markets. Many people seem to have gotten that backwards over the past decades. From Abel the animal husbandman up until the year 1964, there were no cattle futures contracts at all, and no options contracts until 1984, and yet the cash cattle markets got along just fine.
Finally, I will not, under any circumstance, consider reforming and re-opening Barnhardt Capital Management, or any other iteration of a brokerage business, until Barack Obama has been removed from office AND the government of the United States has been sufficiently reformed and repopulated so as to engender my total and complete confidence in the government, its adherence to and enforcement of the rule of law, and in its competent and just regulatory oversight of any commodities markets that may reform. So long as the government remains criminal, it would serve no purpose whatsoever to attempt to rebuild the futures industry or my firm, because in a lawless environment, the same thievery and fraud would simply happen again, and the criminals would go unpunished, sheltered by the criminal oligarchy.
To my clients, who literally TO THE MAN agreed with my assessment of the situation, and were relieved to be exiting the markets, and many whom I now suspect stayed in the markets as long as they did only out of personal loyalty to me, I can only say thank you for the honor and pleasure of serving you over these last years, with some of my clients having been with me for over twelve years. I will continue to blog at Barnhardt.biz, which will be subtly re-skinned soon, and will continue my cattle marketing consultation business. I will still be here in the office, answering my phones, with the same phone numbers. Alas, my retirement came a few years earlier than I had anticipated, but there was no possible way to continue given the inevitability of the collapse of the global financial markets, the overthrow of our government, and the resulting collapse in the rule of law.
As for me, I can only echo the words of David:
“This is the Lord’s doing; and it is wonderful in our eyes.”
With Best Regards-
Ann Barnhardt
Thanks for the comment (attached)
I noticed a couple of links on the subject (below). Had trouble with the forest talk link -- so the information is below.
AbitibiBowater’s compensation package for their new Chief Financial Officer
November 16th, 2011 | Posted in Misc. | 1 comment »
Jo-Ann Longworth took over the position of Senior Vice President and Chief Financial Officer of AbitibiBowater (now Resolute Forest Products) when William G. Harvey stepped down from the position on August 31, 2011.
In AbitibiBowater’s recent quarterly statement, Longworth’s salary and Harvey’s compensation were made public.
William G. Harvey’s Severance
William G. Harvey resigned from his position of Chief Financial Officer as of August 31, 2011.
Terms of departure include:
Severance Pay = $1,303,681.44
Retroactive Pay = $42,000
+ Vacation Pay (for all accrued but unused vacation time + 12% of base salary earned in 2011)
+ Short Term Incentive Plan Bonus pro-rated for 2011
+ Long Term Incentive Plan Bonus
As a condition of receiving the severance pay, Harvey agreed to waive all claims against the company, except the following amounts:
$252,268 for regular and synergy bonuses pursuant to the 2008 Annual Incentive Plan
$133,279 related to the Executive’s relocation process following the Abitibi/Bowater Merger (without any admission from the Company that the Executive did relocate to Canada)
$135,000 for education allowance
$10,208.19 for reimbursement of tax penalty
Each of these will be settled, if and when allowed, to the extent provided in accordance with applicable bankruptcy rules and procedures.
William G. Harvey’s Consulting Agreement
For 7 months after his termination day, Harvey will provide consulting services to the new Senior Vice President and Chief Financial Officer.
Details:
less than 20% of his previous worked hours
Consulting fees: $40,000 / month
Professional fees: not to exceed $10,000
will provide all consulting services from the USA
Jo-Ann Longworth’s Salary and Compensation Package
Annual Base Salary: $350,000 (Canadian funds)
Short Term Incentive Plan: targeted at 100% of base salary for 2011, with opportunity to earn 150%. (overall maximum incentive payout cannot exceed 7% of company’s free cash flow in 2011)
Long Term Incentive Plan: Likely 125% of base salary for 2011 – to be determined by Board of Directors
Pension Plan – Employee contributes 5% of eligible earnings (to a limit of $245,000), Company contributes 20.5% of eligible earnings)
Vacation – 5 weeks a year
Allowance – up to $12,000/yr to cover items such as club membership, fiscal and financial advice, and tax preparation
Annual Medical Examination provided by the company for Longworth and her spouse (up to $1,500 per person)
Parking
Source: AbitibiBowater’s quarterly report for the period ending September 30, 2011
------------------
Old Press releases
December 17th, 2010 | Posted in Financial News | 12 comments »
AbitibiBowater recently announced that David J. Paterson will be resigning from his position as President and Chief Executive Officer of the company, as well as the Board of Directors, effective January 1, 2011.
Richard Garneau, currently a member of the board of directors, will success Paterson.
Now I bet you are wondering what Garneau might earn in his new role? And I bet you would also like to know how sweet Paterson’s exit package was??
Well, here are the numbers:
RICHARD GARNEAU’s numbers:
Annual Base Salary: $765,000
Incentives: Eligible for discretionary incentive award of 50% – 150% of his annual base salary based on performance targets established by the board of directors (expected to be 100% for Garneau)
Pension: Company will contribute 22% of his annual base pay & incentive awards, Garneau will contribute 5%. In 2011, it is expected that Mr. Garneau will be awarded an initial grant equivalent to 225% of his annual base salary.
Severance: If Garneau is involuntarily terminated, he will receive a lump sum payment equal to 6 weeks of his pay (sum of annual base salary and the average of the two last incentive awards paid under an annual incentive plan) for each year he was with the company. If Garneau leaves involuntarily within 2 years, he will receive 3 times his eligible pay (sum of annual base salary and the average of the two last incentive awards paid under an annual incentive plan).
Perquisite Allowance: $16,000 per year
Vacation Time: 5 weeks a year
Club Membership: Yes
Expenses: Reimbursed by the company.
DAVID PATERSON’s Severence
Severance Pay: $1,338,000 (equal to 100% of his base salary, and the average of his last two bonuses)
Restructuring Recognition Award: $765,000
Incentive Award: $430,000 (on July 31, 2011)
Legal Fee and Expenses Reimbursement: max $35,000
Consulting Fees: For the first six months of 2011, Paterson will serve as a consultant to the company, and will be paid consulting fees of $150,000 per month.
Source: AbitibiBowater
Message for Cyber-Investigators.
The U.S. government must cancel bonuses of 200 million that the management of AbitibiBowater they are paid during the restructuring, it is a shame. Like Fannie Mae, this is the indecency and the U.S. Senate must also act in this matter.
http://www.foxnews.com/politics/2011/11/01/republican-senator-calls-on-obama-to-cancel-fannie-mae-freddie-mac-bonuses/
In Canada, the bonus were disconcerting in commission parlementaire of the Quebec government. This failure has also been denounced by George Soros as a manipulation from placement CDS. http://www.francoisrebello.com/?p=1938
This was also denounced by MP François Rebello to Occupy Wallstreet in Montreal. http://www.cyberpresse.ca/debats/opinions/201110/17/01-4458120-de-lindignation-a-la-legislation.php
Mr. Garneau has set an example by giving up 1.7 million bonus while the company was in recovery. He leads by example and this is a big step for justice and balance of sound management.
Thus, the bonus during the restructuring are the indecency and must be seized and given to former shareholders of the company.
While this issue must be resolved for the morality of justice and a healthy development of world capitalism.
miss you guys, we should have recovered here!
How can I trace the topic when that board is gone? Are you going to move somewhere else?
Thank you for the heads up in advance!
k.
Again Thank you.
Thank you for the recent update on Nov. 2nd. All is well (or at least better). Though still very bitter at the overall fraud in the equities and bond markets.
Watching MF Global situation with keen interest, as I believe that there will be many more individuals and firms hurt over this. Not sure where it all stops.
Also watching the Dynegy situation closely. Many similarities with the Abitibi case.
Just wanted to respond before the board disappears (probably around the 7th).
Thanks for the update.
Everything reads with great interest these days. Wondering how Peter's lawsuit is going. Maybe he joined in with the Alabama Group. I had not seen anything in a long while on it.
Right now, enjoying the MF Global and Dynegy stories.
Notice main algorithm programs are holding Abitibi, West Fraser Timer and Tembec pretty much constant.
Unless the PPT (Plunge Protection Team) starts shaking things up, more and more people will come out and say it is all rigged.
Even CNBC is not afraid to have guests on any more saying it is rigged.
Possible fraud on the MF Global situation = co-mingling of dollars and settle at the end of the day. Wonder how their clients feel right now?