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You said it yourself...the brand is ONLY two products...these products in your words are failing miserably, as we are constantly reminded by the repetitious posts from Bodybuilding.com reviews.
Do you think the recipes for their “two products”, the brand name and the MP logo are worth more something? Is that what Ryan is after?
It’s one or the other...the brand and its products are either worth something or they are not.
Why do you think that "Arms Length Treatment" the BOD granted Ryan "BEFORE" he invested in the 3 notes is?
Ryan's convertible note investment is ARM'S LENGTH (unrelated) to his CEO Fiduciary Duty.
The Notes are just treated as Investor A.
Amerop knows this. So does Amerop's embarrassing law firm.
Now you know.
Amerop's letter of interest expires on Nov 3
Ryan's ARMS LENGTH convertible notes are due Nov 8
If Ryan converts on Nov 8, how does it harm MSLP any greater than if Buck were to purchase $18m of those options?
It doesn't.
Buck is playing games as his letter of intent expires 5 days before Ryan's convertible due date.
Buck's letter of intent no longer exists on Nov 4 and he knows this. The lawyer is playing games.
Buck's ridiculous Hail Mary expires 5 days before Ryan's due date because Buck knows he has ZERO standing and just "hopes" Ryan will grant a courtesy and possible "illegal" heads up on what Ryan will do on Nov 8th notes before other investors.
Buck is just crying over his idiotic decision to invest $4.5m in now worthless common shares with zero security.
Buck can easily be accused of fishing for illegal insider information with this desperate move.
Fiduciary duty not only applies to the directors responsibilities of the day to day operations and working capital but to truly understand Fiduciary Duty, one must understand the legal meaning behind it.
U.S. directors have the primary duties of “care” and “loyalty.” The duty of care requires that directors exercise the degree of care that “ordinarily careful and prudent men would use in similar circumstances.” The duty of loyalty obligates directors to act in good faith in the best interests of the corporation and its shareholders, and to refrain from engaging in activities that permit them to receive an improper personal benefit from their relationship with the corporation. The duty of loyalty prohibits self-dealing and usurpation of corporate opportunities by directors.
s777
I'm not going to waste a bunch of time tutoring you on tangible or what is often called hard assets (that can be pledged for LOC funded by distressed asset financing firms) and what is often called blue sky or intangible assets such as Intellectual Property, Brand Name, Customer Lists, Distribution channels, etc....
Ryan's collateral covers everything.
You literally just stated in a previous post that Musclepharm has no assets remaining and yet plead that Drexlers shares are the only shares with value now because they are tied to Musclepharms assets. Soooooo wouldn’t no assets = no value?!
Also, did you really just compare a deal with MP to Facebook? Anyway...I’m reality if Facebook were on the brink of alleged bankruptcy and Mark Z’s financing was going to potentially further the company into the zone of insolvency, the yes, I believe someone with billions of dollars could possibly be forced to make a decision based on the health of the company and not his personal gain.
As mentioned earlier, Amerop is not acquiring Drexlers shares...they are offering $18 million to retire the debt and acquire newly issued shares.
Bad news screenshots straight from the SEC filings
What Fiduciary Duty?
Amerop letter of interest expires 5 days before Ryan is obligated to do anything.
Ryan is not obligated to do anything until Nov 8 on his notes.
If he converts on the 8th, the interest payment obligation ceases. Same as what Buck is proposing.
Quit crying Buck. You made a poor investment. Say goodbye to your $4.5m
Financially Illiterate investors here don't realize Amerop's $18m number is not for working capital or anything that helps the day-to-day ops of MusclePharm. Fiduciary Duty doesn't even come into play.
Amerop is holding $4.5m of unsecured worthless shares and is trying to salvage that investment by expressing interest in buying Ryan's secured shares (think preferred shares for you investors with a remedial knowledge).
Amerop simply is interested in "swapping places" with Ryan and Ryan is not obligated to even respond.
Think I can go to Facebook BOD and say I want all Zuckerberg's shares and am willing to pay what he paid. There is no Fiduciary Duty there.
Ryan's shares actually have value as they grant 1st lien on all MusclePharm assets in case of default.
Buck's shares have zero value and he want's Ryan's deal but he is not entitled.
I don't know if Buck felt he had some sort of tacit agreement with Ryan when he bought the Arnold settlement shares in a private transaction and now sees they are worthless with the distressed operating situation MusclePharm finds itself in.
Either Buck got screwed on a handshake deal with Ryan or Buck is the dumbest investor in the world.
It is 50/50 in my opinion.
I suggest anyone interested to go review how many times Amerop letter mentions bankruptcy and how likely it is soon.
Bankruptcy is the most popular word in the Amerop letters.
A few key metrics
MSLP is basically just 2 products.
Combat Protein Powder makes up 35%-55% of total world-wide sales just in the Costco retail channel
Combat Crunch Protein Bars "made" up 35% of world-wide total sales until the Bakery Barn fiasco. We will hear in Q3 earnings release how far this will fall
Total domestic sales (USA) are now down to $14m a Q and trending below $50m a year for 2018 forecast.
With the Bakery Barn fiasco and massive customer rejection we have seen on retail sites (Top 50 list free-fall and customer review revolt), MSLP is toast.
CEO Brad covered the MSLP operating losses by greatly growing revenue that allowed sufficient cash flow to keep the doors open.
CEO Ryan has spiked sales down and now operating losses are only funded with the subprime secured loans on hard assets from Debtor in Possession Finance Companies like CrossRoads and Prestige that specialize in bankruptcy funding for liquidation.
As of the emergency CrossRoads secured loan on Inventory, there are no more assets left upon which to hock.
Everything is either been sold or pledged as collateral.
Amerop is not offering working capital. Amerop is only expressing interest in Ryan's options (controlling interest) as it sees it's $4.5m unsecured investment is just toilet paper.
Amerop letter of interest expires on Nov 3
Ryan is not obligated to do anything on his notes until Nov 7
On Nov 4th, Amerop's letter doesn't exist.
Buck Wessel is an idiot and just realized it 30 days ago.
Amerop is NOT willing to invest an additional $18m in MSLP stock.
Amerop is simply claiming to "express an interest" in "possibly" investing $18m in gaining control of MusclePharm by "maybe" purchasing Ryan's unexercised options on the $18 in notes funded by Ryan.
The letter of interest from Amerop expires on Nov 3. Ryan is not obligated to do anything on his notes until Nov 7. This is a foolish dog and pony act by Amerop with no teeth.
Amerop has already foolishly invested $4.5m in worthless common MSLP shares.
How can Buck sell over 2m shares even if he chose to?
His $4.5m current investment is already worthless (essentially already bankrupt)
He's trapped and desperately flailing around casting wild accusations and when you separate the wheat from the chaff, merely is feeling out if he can invest more to gain secured interest.
Buck has no legal path to security. It is all dependent on what Ryan chooses to do on Nov 7 (19 days from today).
Will Ryan convert? He is legally entitled to do this
Will Ryan declare default on the notes? He is legally entitled to do this
Will Ryan declare MSLP bankrupt? He is legally entitled to do this
Stay tuned.
Less than 1000 shares have traded in the past 5 hours.
Amerop's lawyers charge more than the draw up the ridiculously inane letter.
There is zero volume or interest in this equity.
If a small dead cat bounce before bankruptcy excites you, I feel sorry for financial acumen.
SLC-JD
You're missing a lot
Rather than address your misguided points one-by-one, I will issue the blanket statement that I have addressed each and every one your topics ad nauseam and the archive clearly contains the answers you may be looking for.
Feel free to review Goldberg-Stein on the Seeking Alpha site too for additional help.
Good luck!
NEW HOD . Bid as 1.40 and 1.50 is ask....
Looks like people still want shares.
We are in for an interesting 3 weeks.
Glad to have someone new with the energy to battle this guy and his many aliases! Excellent points.
One thing I wish to add is that this may turn into an all-out bidding war. I wouldn't be surprised to see the stock take off after the Notes are converted.
Looks like the stock is holding up after the increase yesterday..... I don't see it trading at 0.96....
GS is probably out there digging for more documents to try to show how the filing yesterday is a bad thing.
As S777 said, I had written off this investment already, so I expected it to go to 0, but its the risk I took when buying shares. I knew it was either going to 0, or I would make boat loads of money.
I have yet to do either.... I have plenty of time to wait. Perhaps I will sell before I make said 'boatloads of money', but until they stop trading and the doors close, there is always a chance.
There seem to be lots of holders that have some skin in the game, and think there is a future at MSLP.
$MSLP
Check mate!
How many have traded in the last 48 hours?
I don’t think any of us, what have we been labeled, “cheerleaders” will be weeping. Those days are over. I’m certain that most all “cheerleaders” in this have stomached the worst and are prepared for anything. In fact this filing from Amerop certainly provides each of us with a bit of reassurance, at least it does me.
Directors of a corporation have the primary duties of care and loyalty to the corporation. Specifically the duty of loyalty obligates directors to act in good faith in the best interests of the corporation and its shareholders, and refrain from any activities that permit them to receive an improper personal benefit from their relationship with the corporation.
Because this offer has been filed publicly and could be viewed as one that’s in the best interest of the corporation Musclepharm, and potentially keeping them from an alleged bankruptcy, this would most likely remove any personal protection offered to a director in an alleged bankruptcy. There have been many questions asked regarding “Why would Drexler agree to this deal because it doesn’t benefit him?” Well the short answer is that he is obligated to act on behalf of the corporation and the shareholders and not Ryan Drexler the person. The minute Ryan and/or the BOD make a mental decision to reject an offer that would benefit the corporation, potentially salvage the company, eliminate a potential risk, and or bankruptcy, reduce financial obligations, or what could otherwise be deemed an act beneficial to the corporation or shareholders, this personal protection could be removed.
The filing by Amerop is not only publicly stating that there are and will continue to be financial problems with the company if the Drexler debt is exercised when due. Amerop has now presented a solution that may not have a great benefit to Ryan, but it has a great benefit to the company.
There’s a reason why Ryan’s attorney filed the letter sent in September discussing the restructuring debt option, as these discussions had already begun with Amerop and Musclepharm prior to the letter. There’s also a reason why yesterdays letter drafted by Amerops Attorney was filed publicly, as it has everything to do with timing and presenting options. I believe it has everything to do with Fiduciary Duty. It has everything to do with who are the benefactors of these deals. There are always tough decisions to be made by a director of a large company behind closed doors but when it’s in the public eye you probably shouldn’t do something that’s solely lining your pocket. In all fairness Ryan is getting his money owed, with a bit of a kicker.
If there has ever been a case of CYA, this should be the example.
To me this looks like a homerun on paper for an attorney, and a judge should this ever go the more bleak route.
Stock is flying
202 shares have traded the past 3 hours
Is the market open?
Haha
Am I missing something?
How does 15% shareholder Amerop out vote 48% shareholder Drexler?
- there is no shareholder vote - the BOD (exclusive of the conflicted out chairman) makes the call.
Drexler was granted the board seats in the valid convertible debt contract. Yes the notes are due on Nov 7, 2017. - the board seats granted to drexler have already been filled. They have a fiduciary duty to the company, and would be open to an investor lawsuit if they failed to act (admittedly, not an impossibility)
How does Amerop legally gain title outside of bankruptcy disposition of assets in which Ryan clearly owns title? - there is no bankruptcy. the notes get paid on Nov. 7. Drexler's security interest ceases to exist.
Your slow motion coup lacks logic or legal precedent. - in light of the above, I disagree
This is clearly dumb investor panic by Amerop in slow motion realizing he was duped. - I don't disagree
Amerop is free to go ahead an sue but good luck common shareholders. The sand has passed through this hourglass. - the only basis for a lawsuit would be for a failure to consider a viable alternative to Drexler's foreclosure
The only reasonable option Buck Wessel may actually hold is forcing Ryan to convert/not convert on the deadline Nov 7, 2017 as that is Ryan's contractual option. - Why is this the only option?
Buck can't sweeten the offer 1 penny better than Ryan on the due date and trump/steal Ryan's position. If the company sells securities in a private transaction and uses the proceeds to pay off the notes, it doesn't have to be one penny better. It just needs to satisfy the outstanding debt.
Ryan has the exclusive legal option to convert at $1.83 This transaction doesn't contemplate a conversion. It's a an purchase of newly issued restricted shares.
If Ryan chooses not to convert, then fiduciary duty applies, but Buck is not offering working capital. He is only attempting to steal control from Ryan at this point in the letters. - Uh huh. And this is a bad thing? If there is new leadership that is willing to invest directly (or potentially open the door to subsequent public offerings) to ensure cash flow (rather than usurious notes) while fixing all the broken stuff, I don't see a net negative.
This in no way benefits common shareholders - says the guy who has spent years screaming about incompetent management and floating conspiracy theories about a BK facilitated takeunder. If the option is satisfy the debt (at the expense of dilution), or see that debt drive the company out of business, have the assets claimed in foreclosure, and lose all shareholder value, I'm pretty sure most common shareholders would be fine with the dilution.
MTC
You're welcome to read it and weep. In addition to this security interest collateral upon default specifically spelled out, Ryan has a change of control restriction clause in all three notes.
https://www.sec.gov/Archives/edgar/data/1415684/000141568416000018/mslpq316ex102.htm
SO what exactly would Drexler get gain from Bankruptcy??
Please explain how he gains.....??
MTC
You wrote
I think AMEROP sees value in MSLP anyways, so they would not have amassed 2+MIL shares if they don't. People don't throw millions of money at something to give up so easily.
Now that is an idea that might actually have some legs.
Drexler hasn't been good with manufacturers just like Pyatt was horrible with endorsements.
Now we get another guy at the helm to learn from both of them.
Seems like a legit option though. Quite interesting if that's the case....
Price is staying up so far today.
I think AMEROP sees value in MSLP anyways, so they would not have amassed 2+MIL shares if they don't. People don't throw millions of money at something to give up so easily.
The real desperation
The real desperation is that Buck Wessell realizes that MusclePharm is very likely to declare bankruptcy any day now and that grants Ryan the ability to foreclose on the assets and take the business under and move to Ryan's place in SoCal
This move has already been announced
Ryan's secured debt due date is Nov 7 (just 19 days from today) and gives him the path to bankruptcy and foreclosing on the assets
That is why Amerop letter specifically has a deadline of 4 days before Ryan's notes due date
Amerop is ready, willing and able to allocate the required resources to complete this transaction on or prior to November 3, 2017.
I don’t think Amerop is the one who is panicking here.
Ok Goldbergstein...ok. You win! Hahahaha jk jk jk
**Updated**How does 15% shareholder Amerop out vote 48% shareholder Drexler?
Drexler was granted the board seats in the valid convertible debt contract. Yes the notes are due on Nov 7, 2017.
The exclusive asset collateral on the convertible notes are iron clad.
How does Amerop legally gain title outside of bankruptcy disposition of assets in which Ryan clearly owns title?
Your slow motion coup lacks logic or legal precedent.
This is clearly dumb investor panic by Amerop in slow motion realizing he was duped.
Amerop is free to go ahead an sue but good luck common shareholders. The sand has passed through this hourglass.
The only reasonable option Buck Wessel may actually hold is forcing Ryan to convert/not convert on the deadline Nov 7, 2017 as that is Ryan's contractual option.
Buck can't sweeten the offer 1 penny better than Ryan on the due date and trump/steal Ryan's position.
Ryan has the exclusive legal option to convert at $1.83
If Ryan chooses not to convert, then fiduciary duty applies, but Buck is not offering working capital. He is only attempting to steal control from Ryan at this point in the letters.
This in no way benefits common shareholders.
This Wessel attempt is lame. Read the letter for yourself
All this is is an email from a disgruntled minority shareholder who sees his investment going bad.
Ryan is not obligated to mitigate Buck Wessell's stock purchase losses any more than he is to mitigate TexLong and Haig's poor MusclePharm investment losses.
Here is the email.
Interesting read in its desperation. Wessell comes off as very naive.
http://bit.ly/2zz2X1u
The grammar and punctuation would fail high school equivalency test.
The topic and conclusions are inane.
Crying over a -$2m stock investment loss in the letter and blaming the company debt is a red herring.
The issue is operating losses (COGS and SGA).
The debt is a byproduct of the real issue.
The 'new' investment proposal does nothing to solve the company's problem; only addresses the entitlement in disposition of assets.
Disingenuous attempt by a desperate Amerop to mitigate losses based on ignorance and financial illiteracy.
Buck is NOT offering to buy $18m of new unregistered stock to be used as working capital.
Buck is only offering to inject $18m to gain Ryan's controlling interest in MSLP.
Ryan has been rolling the interest payments over (accruing on balance sheet) so no cash expense for MSLP.
MSLP is still posting real EBITDA losses.
Wessel's lame excuse that interest expense is to blame for MSLP's demise is disingenuous.
He is merely desperately flailing illogical assertions with an inane idea he can acquire controlling interest in MusclePharm that Ryan has built for over 2 years because Buck now realizes he was the patsy in the Arnold private transaction legal settlement. Now Bucks $2.15 shares are worth $1.
As an investor, you can only blame yourself as you are responsible for own due diligence regarding management.
It was no secret Brad has a criminal record with academic fraud and bankruptcy in bio before he ever became CEO of MLSP
Same with Ryan.
I provided an immediate unimpressive bio of Ryan on this board regarding his lack of business acumen and failures at activist investing with Quiksilver and Bebe Sport.
I posted his failures in real estate investment and movie production.
Buck's desperation now that he realizes this poor investment is immature and naive.
A harmless and toothless letter with no legal basis nor precedence from an attorney offering to take control of a distressed asset he has no legal entitlement to doesn't scare anyone.
Wessell is attempting the same losing move that Ryan tried and failed with at now bankrupt Quiksilver (ZQK) and now bankrupt Bebe Sport (BEBE). At least Ryan realized he was just an activist investor and not a patsy. Wessel the idiot doesn't have a clue and is now whining like a baby.
Ryan bought several million $$ in open market purchase common shares and wrote activist letters to the respective BOD explaining how he could do it better than existing management but had no legal path to power.
This is exactly what Buck is trying to do in desperation and will lose.
Here are the links to Ryan's failed attempts before MusclePharm
Here is the failed Quiksilver call that is nearly word for word what Buck is trying
http://bit.ly/2zz8GVd
http://prn.to/2yseOAO
Here is the exact same call on BEBE from Ryan. Read it and weep Buck
http://prn.to/2zz8lSq
A scenario by another poster.
I imagine it's a slow motion coup:
1) Drex has been holding out, letting the stock continue to devalue and renegotiating his notes. At the same time, he's refused to entertain the possibility of another equity raise, as doing so would dilute his position. Consequently, he continues to ride the company down. However, even he isn't too dense to see that the BK GS has been predicting would leave him with $18MM worth of nothing - no remaining assets, negative brand equity.
2) The BOD, realizing that the scenario above will eventually wipe out all shareholder value, began actively looking for someone willing to make a large investment (without the expense of a public offering). Somehow, they managed to entice Wessell to try to recoup his initial investment.
3) Once Wessell and the BOD had an agreement in principal, Wessell posts his 13d, effectively forcing the BOD to assert its role as a fiduciary; The proposed pps would be better than anything Drex would offer, and by removing Drex's notes (and the associated shares) and inserting a new board member, the path is paved to remove Drex entirely.
4) With Drex gone, the company can begin looking to mend fences with both vendors and customers.
*you’re vs your
...maybe Einstein wasn’t much of a grammar coach.
Never claimed to be.
Edit:Who is the president of the us?
Fudiciary duty? Lol
He abuses the rules of which stand without merit until contested based on prior enforcement...
I already said charity, right?
Tell all the duffeses to get together and see who is on the "new client" list.
Call that drunk in Canada!
Assume arbitrage was short; not long!
Well, maybe, a family of nine had lots of more kids....and now that family of 63 has more control than the original?
ANd your Einstein? Lol
You make it sound like some convoluted concept; how else can they post a we might be "for sale" sign???
It doesn't make sense to use the word logical as you did though...
Mslp isn't a charity!
Your hypothetical/ theory implies such; therefore no way!
Here’s a good read on a competitor that was acquired by Kellogg. Fingers crossed this Amerop deal goes through and opens door for possible buyout. 5x revs for a $120 Million dollar company.
https://www.cnbc.com/2017/10/11/rxbar-ceo-after-600-million-buyout-i-have-financial-freedom.html
Agreed. There is not a negative Nancy or Goldbond Cream that can possibly argue that this deal is NOT in the best interests of shareholders.
AMEROP buys shares. Drexler now has 18million to buy more shares of MSLP as he wishes. The cloud over the company is gone, and now there are just controlling share holders
AMEROP is looking to take over the controlling stake and run it how they want. Board seats, maybe the Drexler/AMEROP relationship isn't so buddy, buddy like Maca is saying.
Just like how Drexler gained his stake and took over the helm.
Either way, I think the deal is a good one, and will be approved.
I don't believe the story Macaroni is spewing. he is right on some things, but others he is too cynical.
I will be interested to see how it plays out from now until Nov 8th
Fiduciary responsibility. This offer has to be in the best interest of the company not in the interest of Ryan Drexler...which is why the offer was filed. Believe what you want and I’ll believe what I want. One of us is right and one is wrong.
So one is to believe that CEO who currently owns 48% of the fully diluted shares (unconverted) now agrees to a deal that merely makes him a 6% shareholder just to get his $18m in cash he invested back when he defrauded Capstone?
So now CEO Ryan is just 6% shareholder on a $550K salary.
Okay.
NOT!
Ryan would be left holding just 1.5m shares he purchased in 2014 with an new MSLP Outstanding Share total of 25m of which 11m would be held by unrelated 3rd party Amerop.
Defies logic.
Especially as Ryan's conversion exercise price today is $1.83 and he would just give away the difference for free between his exercise price and the $1.96 Amerop is supposedly willing to pay.
Why would Ryan give away an instant 7% arbitrage return on $18m for nil?
Defies logic.
Ryan has a two year history of rolling over his convertible notes and adjusting the interest rate up 2% every time (from initial 8% in 2015 to 12% currently on the $18m) and adjusting the conversion exercise price from $2.30 in 2015 to $1.83 in 2016 and just had his law firm publish a letter with his intent to do it again and adjusting the conversion to below $1.00
Defies logic.
Believe what you wish.
Because Amerop wants shares for more control and willing to do so at a premium. They have specific items outlined that you are failing to mention. Board seat, 9 million shares. More control of Company. Verbiage regarding hiring seasoned executive talent. Not surprised you aren’t listing these items. So you think this is favorable to Drexler outside of the money? You’ve said it yourself...this is his baby. His bro hangout. He wants to keep this under his rule.
I’m not sure I see any connection between the two filings aside from them both concerning the Drexler deal.
The first appears to signal that Drexler is wanting to squeeze more out of the company but allow them to restructure the deal to avoid the upcoming payment.
Today’s release if the deal goes through I believe would give another entity majority control of company, also potentially applying more pressure on the board and Drexler to do the right things, while also relieving both Drexler and MP of the $18 million burden.
Wait a second....Einhorn is Finkle...Finkle is Einhorn.
Why doesn't Ryan do this? Ryan can convert at $1.83 and sell to Amerop for $1.96? There is no logic.
Ryan's terms
Both the principal and the interest under the 2016 Convertible Note are due on November 8, 2017, unless converted earlier. Mr. Drexler may convert the outstanding principal and accrued interest into 6,010,929 shares of the Company’s common stock for $1.83 per share at any time.
On October 17, 2017, Amerop made a proposal to the special committee (the “Special Committee”) of the board of directors (the “Board”) of the Issuer, contained in written materials (the “Amerop Proposal”), indicating its interest in purchasing approximately $18 million of newly issued shares of Issuer Common Stock at a price of $1.96 per share.
This is all "Hide the Baloney" like in a pre-divorce legal proceeding
Ryan is moving the legal title to the remaining assets pre-bankruptcy.
Additionally "expressing interest" from a clearly collusion party is not a legal contract. This is a press release type rumor filing like "Chinese PE firm looks to acquire Accor Properties" or "Nordstrom explores going private" only for unfounded and completely irrational rumors to be dismissed soon and stock crashes.
This is meant to create opportunity to "sell" into the pump. There was ZERO interest in this equity and when the Q3 earnings debacle is made public in about 3 week.......hold your hats.
@idee
Then why not Ryan exercise the options himself at the lower price already contracted in his convertible debt?
Your statement on acquisition makes no logical sense.
Amerop, even if the deal is consumated, would already "acquire" MSLP in bankruptcy proceeding as they would hold title to 100% of the MSLP secured assets. Common shareholders would get nothing.
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