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You've got to be kidding!
8:30a ET April 5, 2012 (PR NewsWire) Sino-Forest Corporation ("Sino-Forest" or the "Company") (TSX: TRE) announced today that Ernst & Young LLP ("E&Y") has notified the Company that it has resigned as the Company's auditor effective April 4, 2012. In its resignation letter to the Company, E&Y noted that the Company had not prepared December 31, 2011 consolidated financial statements for audit and that, in the Company's March 30, 2012 filing under the Companies' Creditors Arrangement Act, Sino-Forest said that it remained unable to satisfactorily address outstanding issues in relation to its 2011 annual financial statements.
Sino-Forest intends to issue a press release containing the information required by National Instrument 51-102 ("NI-51-102") with respect to E&Y's resignation. Such press release will be issued within the time period prescribed by NI-51-102. Additional information with respect to the resignation of E&Y also will be available under the Company's profile on SEDAR at www.sedar.com in the form of reporting package required to be filed by the Company pursuant to NI -51-102.
Sino-Forest Muddy Waters Lawsuit: More Than Meets the Eye
Sino-Forest Sues Muddy Waters for $4 Billion
http://www.valuewalk.com/2012/04/sino-forest-muddy-waters-lawsuit-more-than-meets-the-eye/
It is not over Chandler proposes restructuring plan:
http://finance.yahoo.com/news/sino-forests-largest-shareholder-proposes-002952454.html;_ylt=AqF_uLAskM0RWCzzGkVepP6iuYdG;_ylu=X3oDMTQ0YjZhOG4yBG1pdANGaW5hbmNlIEZQIFRvcCBTdG9yeSBSaWdodARwa2cDNzljM2E0MWYtNDM5Yi0zNDRkLTljNDUtZjA3ZjgzYTg5YTYzBHBvcwM1BHNlYwN0b3Bfc3RvcnkEdmVyAzQ0ZTkzZDcwLTdjNWItMTFlMS1iZjlmLTc3ODdhZTEyNThmYQ--;_ylg=X3oDMTFvdnRqYzJoBGludGwDdXMEbGFuZwNlbi11cwRwc3RhaWQDBHBzdGNhdANob21lBHB0A3NlY3Rpb25zBHRlc3QD;_ylv=3
OUCH!!!! I was looking foreward to April 16th.
Smilin_B, you need to read the article again. Yes, you are right, but the article also states the alternatives, so I think you are jumping to conclusions.
As for the lawsuit, it may in fact have some legs.
VC
It's apparent that the "note holders" are in posession.
Note holders are the BOND holders
Rarely do the common equityholders receive anything in this type of dissolution.
The bondholders are in the drivers seat
Common stock will most likely just get cancelled
what do u mean game over for stock holders
Sino-Forest Announces CCAA Filing to Pursue Third Party Sale Transaction Or Restructuring with Noteholders; Commences Action Against Muddy Waters
TORONTO, March 30, 2012 /PRNewswire via COMTEX/ -- Sino-Forest Corporation ("Sino-Forest" or the "Company") today announced that it has reached agreement with an ad hoc committee of its noteholders (the "Ad Hoc Committee") on the material terms of a transaction (the "Transaction") which would involve either a sale of the Company to a third party or a restructuring under which the noteholders would acquire substantially all of the assets of the Company, including the shares of all of its direct subsidiaries which own, directly or indirectly, all of the business operations of the Company. The Ad Hoc Committee represents a significant portion of the holders of the Company's 5% Convertible Senior Notes due 2013, 10.25% Guaranteed Senior Notes due 2014, 4.25% Convertible Senior Notes due 2016 and 6.25% Guaranteed Senior Notes due 2017 (collectively, the "Notes" and holders of Notes, the "Noteholders").
The Company is initiating proceedings today in the Ontario Superior Court of Justice (the "Court") under the Companies' Creditors Arrangement Act (the "CCAA") seeking approval for a Court supervised restructuring process to implement the Transaction, including the immediate initiation of a sale solicitation process and a stay of certain creditor claims. Holders of approximately 40% of the aggregate principal amount of Notes have executed a support agreement (the "Support Agreement") in which they have agreed to support and vote for the Transaction. The Company will continue to solicit additional Noteholder support for the Transaction. Noteholders who wish to become "Consenting Noteholders" and participate in the Early Consent Consideration (as defined in the Support Agreement) are permitted to do so until May 15, 2012, and further information will be available on the website of the proposed monitor in the CCAA proceedings, FTI Consulting Canada, Inc. at http://cfcanada.fticonsulting.com/sfc .
Sino-Forest made the decision to initiate CCAA proceedings with the unanimous authorization of its Board of Directors after thorough consultation with its advisors and extensive consideration of other alternatives.
"We believe the full value of our assets will only be achieved if we are able to continue operating the business, and repair and preserve relationships with our customers and suppliers. We believe that the CCAA restructuring process is the best method to secure our future and will allow the time and stability required to normalize operations following the allegations made against the Company by Muddy Waters, LLC ("Muddy Waters"). The Transaction we have negotiated is indicative of the support of a significant portion of Sino-Forest's Noteholders," said Judson Martin, Vice-Chairman and Chief Executive Officer of Sino-Forest.
Sale Process
The Support Agreement provides that the Company will make an application to the Court under the CCAA for an order approving a sale solicitation process pursuant to which Sino-Forest's financial advisor, Houlihan Lokey ("Houlihan") will solicit from third parties offers to purchase substantially all of Sino-Forest's assets (other than certain excluded assets).
Further details regarding the sale solicitation process will be announced by the Company following approval of a sale process order by the Court.
Restructuring Transaction
The Support Agreement provides that if the Company does not obtain an acceptable offer resulting from the sale solicitation process, the Company will implement a restructuring transaction (the "Restructuring Transaction") in which Sino-Forest will transfer substantially all of its assets, other than certain excluded assets, to a newly formed entity ("Newco") owned and controlled by the Noteholders in full and final settlement of all claims of any person in respect of the Notes. The assets transferred to Newco pursuant to the Restructuring Transaction would include all of the shares of the Company's directly owned subsidiaries and all of the receivables of the Company owed by its direct and indirect subsidiaries, but exclude certain litigation claims of the Company against third parties which will be transferred to a litigation trust (the "Litigation Trust") established to pursue such claims, including claims against Muddy Waters, and US$20 million in cash, which will be transferred to and used to fund the Litigation Trust.
If the Restructuring Transaction occurs, the Support Agreement provides that Junior Constituents (as defined in the Support Agreement) will receive: (a) their pro rata share of non-transferable "Contingent Value Rights" of Newco which will entitle them to receive 15% of the value of Newco, if any, in excess of U.S.$1.8 billion (being the approximate principal amount of the Notes) plus accrued interest on the Notes up to and including the CCAA filing date, for no additional consideration upon the occurrence of a liquidity event of Newco within seven years following the implementation date of the Restructuring Transaction, and (b) a right to receive their pro rata share of (i) 100% of any proceeds realized by the Litigation Trust for claims against or settlements with Muddy Waters and its joint actors, and (ii) the first $25 million of any proceeds realized from claims against or settlements with third parties other than Muddy Waters and its joint actors. If at the time proceeds are available for distribution from the Litigation Trust, the enterprise value of Newco is less than 85% of the principal amount of the Notes plus accrued interest on the Notes up to and including the CCAA filing date (the "Threshold Amount"), 30% of the remaining proceeds realized from claims against or settlements with third parties other than Muddy Waters and its joint actors will be paid to Noteholders (up to a maximum of the difference between the Threshold Amount and the enterprise value of Newco) and the remaining proceeds will be paid to Junior Constituents. If the enterprise value of Newco at the time such proceeds are available for distribution from the Litigation Trust is more than the Threshold Amount, Junior Constituents will receive 100% of the remaining proceeds realized from claims against or settlements with third parties other than Muddy Waters and its joint actors.
Many of the terms of the Restructuring Transaction remain to be settled between the parties in definitive documentation. The transactions contemplated by this press release will be subject to various conditions, including relevant creditor, regulatory and Court approvals. Sino-Forest continues to be subject to a cease trade order of the Ontario Securities Commission which prohibits trading in Sino-Forest's securities.
Additional details regarding the Transaction are contained in the Support Agreement, a copy of which will be available at www.sedar.com and on the proposed monitor's website at http://cfcanada.fticonsulting.com/sfc . There can be no assurance as to when or if a Transaction will be completed, or as to the terms of any such Transaction.
Claim Against Muddy Waters, Carson Block and Others
The Company also announced that it has commenced an action in the Court against Muddy Waters, Carson Block, and others, relating to the allegations made against the Company by Muddy Waters, and trading in Sino-Forest shares prior to and following the public release on June 2, 2011, of a report prepared by Muddy Waters. The action alleges that public statements made by Muddy Waters and Carson Block were defamatory. The action seeks damages in the amount of $4 billion and the recovery of profits made by Muddy Waters and others in connection with the Muddy Waters report.
Cash Balance, Cash Flow Projections and Third Quarter Financial Statements
As part of its negotiations with the Ad Hoc Committee, and pursuant to confidentiality agreements, the Company provided to certain Noteholders who were parties to such agreements, information regarding the Company's cash balance as of March 2, 2012 and its expected cash flow needs for the remainder of 2012. The confidentiality agreements require Sino-Forest to publicly disclose this information by the sooner of the commencement of any proceedings under the CCAA and April 30, 2012. The cash balance and cash flow projections provided to such Noteholders are attached to this news release as Schedule A.
The cash balance and cash flow projections are internal documents prepared by management of the Company and are subject to the assumptions set out in the projections. In addition, the cash balance and cash flow projections were prepared as at March 2, 2012, and may no longer reflect the Company's current circumstances or the current estimates of management of the Company. Neither the Board of Directors of Sino-Forest nor any of its committees has approved the cash balance or cash flow projections. Sino-Forest does not, as a matter of course, publish its budgets or make external projections or forecasts of its anticipated financial position, expenditures, cash balances or cash flows. The non-public information provided to the Ad Hoc Committee was not prepared with a view to being disclosed publicly and is included in this news release only because such information was made available to the Ad Hoc Committee. Subject to applicable securities laws, Sino-Forest does not intend to or anticipate that it will, and disclaims any obligation to, furnish updated projections or forecasts or similar forward looking information to holders of securities issued by Sino-Forest or to include such information in documents required to be filed with the applicable Canadian securities regulatory authorities or otherwise make such information publicly available.
Sino-Forest will also file with the Court today in the CCAA proceedings, draft copies of its financial statements for the three and nine months ended September 30, 2011 (the "Draft Q3 Financial Statements"). The Draft Q3 Financial Statements will not be filed with the Canadian securities regulators, but will be available on the website of the proposed monitor at http://cfcanada.fticonsulting.com/sfc . Sino-Forest cautions readers that the Draft Q3 Financial Statements are in draft form only, and they do not and are not intended to comply with the requirements of applicable securities law or Canadian generally accepted accounting principles. As previously disclosed, the Company cautions readers that its historical financial statements, including the Draft Q3 Financial Statements, may not be reliable and should not be relied upon for any purpose. The Draft Q3 Financial Statements have been prepared by management of the Company and have not been reviewed or approved by the Board of Directors of the Company, any committee of the Board of Directors or the Company's auditors.
Other Matters
Sino-Forest has determined that it will not be in a position to file its audited annual financial statements for fiscal 2011 by the March 30, 2012 deadline. Sino-Forest has made considerable efforts to address issues identified by its Audit Committee and the Independent Committee and by its external auditor, Ernst & Young LLP, as requiring resolution in order for Sino-Forest to be in a position to obtain an audit opinion in relation to its 2011 annual financial statements. However, as yet, Sino-Forest has not been able to satisfactorily address those issues for audit purposes for the same reasons previously disclosed. Sino-Forest has also determined not to file its annual information form by the prescribed deadline and will apply to the Court for postponement of its annual meeting of shareholders for the duration of the CCAA proceedings.
Sino-Forest also announced that Albert Ip has resigned for health reasons from his position as Senior Vice President, Development & Operations North-East and South-West China. Mr. Ip has agreed to serve as a consultant to Sino-Forest on a part-time basis. "I would like to thank Albert for his service to Sino-Forest," said Judson Martin, Vice-Chairman and Chief Executive Officer of Sino-Forest.
Houlihan is acting as financial advisor to Sino-Forest, Bennett Jones LLP is acting as Canadian legal advisor to Sino-Forest and Osler Hoskin & Harcourt LLP is acting as Canadian legal advisor to the Board of Directors of Sino-Forest. The Ad Hoc Committee of Noteholders is being advised by Moelis & Company, Goodmans LLP and Hogan Lovells LLP.
Wow, i just read the news. GAME OVER for "Stock" holders
10 more days to go -- 25 more days till trading:
He said the April date was proposed because the independent special committee, appointed by the company, looking into the allegations of short seller Muddy Waters is due out by month’s end.
As well Sino-Forest has promised to issue its third quarter earnings, which has been repeatedly delayed, and its annual financial statements are due on March 30. The mid-April date will give the public some time to digest information before shares trade, he said.
Thanks for the information. I know many are waiting on that PR.
The last news i heard was they were going to put out a big PR before opening april 16. They wanted to assure all investors things would go back to normal business and rebuild traders confidence. That would be the only obstical to over come. I think when they reopen there going to open at 10 and we should see it hit as high as 20-25 with the right PR. company makes to much money to stay below 10
April 16th. I hope they PR some numbers before it opens.
Should be trading next month, correct?
SNOFF
Expect the price to be in the $8+ range, with upside to $12+.
Add the short squeeze and we are good for $20 hihihi!
Interesting article from an Investment House long SNOFF
http://seekingalpha.com/instablog/676352-robert-dyas/359991-sino-forest-probably-not-a-fraud
Sino-Forest Probably Not A Fraud
Sino-Forest is one of my firm's top 4 positions. We got in after the MW report and before the Chandler purchase. We solely rely on our own research/thinking and only invest when we have HIGH conviction. Now that is out of the way, a little about why we bought and our current views:
The original MW report contained huge, glaring errors that were immediately apparent. The biggest of these was an apparent total lack of understanding on MW's part between the sale of standing vs. non-standing timber. As the MW report put this front-and-center in their report as evidence of fraud, it was clear that the quality of their "research" was unusually poor. And put forth by a short seller with an agenda. In short, we viewed the risk of fraud as equal before and after the MW report was released.
The stock had fallen from 200% of book to <50% of book, and given timbre inflation dynamics the book (sans fraud) was more likely to be understated than overstated. The value is also likely fairly accessible in the event of a controlled run-off of the business.
Since this time the company has undergone close scrutiny. No evidence of fraud has been found to date (e.g. the cash is there, the contracts are there, the contracts appear valid, etc.). This doesn't guarantee that there isn't any hair, but in our experience fraud is either top-down and pervasive (e.g. Enron, Madoff) or bottom-up and limited. Not finding any fraud at this point virtually guarantees that the top-down and pervasive variety is not in play. Bottom-up and limited can always exist in any company, but generally has limited LT impact.
Given the current state of affairs, we expect that Sino-Forest will either begin trading again sometime in 2012 or be taken private. We expect the price to be in the $8+ range, with upside to $12+ depending upon the results of timber valuation reports.
Disclosure: long Sino-Forest
Disclosure: I am long SNOFF.PK.
http://www.vancouversun.com/Sino+Forest+chairman+rises+company+defence/6150498/story.html
Ardell, 68, who spoke at his lawyer’s office in Toronto on Feb. 4 and in three separate phone interviews, says his challenge now is to convince investors, regulators and auditors that the company’s lack of transparency doesn’t diminish its underlying value.
Read more: http://www.vancouversun.com/Sino+Forest+chairman+rises+company+defence/6150498/story.html#ixzz1nEGPYQvz
Looks better to me.
Having never shorted a stock I am amazed of this concept and purpose other than that of pure gambling and bashing of a company to make (as in this case) big bucks.
Can someone enlighten me as to why it should even be legal?
Final Report 2012-01-31
Sino-Forest Releases Final Report of the Independent Committee 2012-01-31
TORONTO, CANADA – January 31, 2012 - Sino-Forest Corporation (“Sino-Forest” or the “Company”) (TSX:TRE) today announced that it is publicly releasing the Final Report of the Independent Committee of the Company's Board of Directors (the “IC”).
Full Version:
http://www.sinoforest.com/Uploads%5CSFC%20-%20Final%20IC%20Report%20Redacted%20-%20Jan31%202012.pdf
Cliffs Note Version:
http://www.otcmarkets.com/stock/SNOFF/news
Interesting that the report is titled "redacted".
So much for full disclosure......
The best answer I come up with is: "FRUSTRATION"
If you are holding it this long through the halt, why be so quick to dump when it resumes trading..
I'm in line to dump this crap should it ever trade again!!!!
April 16 2012 but how many more extensions?
I vote for extensions till 2025.
The greater the number of extensions, the greater the time for the growth and maturity of trees.
If Sino can keep extending the trading halt to 2025, then it will grow out of any questions regarding inventory shortages of trees.
WELL JUST DAMN.GOOD THING IS, ONLY LOST 5K. NOT SO FOR Paulson.....
SNOFF HALTED UNTIL APRIL 16, 2012
The Ontario Securities Commission has extended the halt in trading of shares of troubled timber company Sino-Forest Corp. until April 16.
Vice-chair Mary Condon made the ruling after a brief hearing Monday where OSC staff argued that there was not enough information in the marketplace for the shares to trade.
Condon cited several reasons including the fact that Sino-Forest is in default of its financial disclosure requirements and that OSC staff is continuing its investigation.
The securities regulator first issued the temporary cease-trade order last August, amid concerns company executives were engaging in acts that they knew, or reasonably ought to have known “perpetrate a fraud.” It was later extended until Jan. 25.
Sino-Forest, which is based in China but is publicly listed on the TSX, has been mired in allegations it has overstated its sales, assets and holdings.
Company lawyer Alan Gardner did not object to the cease-trade extension.
OSC lawyer Hugh Craig argued that public disclosure has not improved since the cease-trade order was first issued. If anything “it has gotten more murky,” he said.
Craig pointed to the announcement this month, where the company warned its historic financial statements should not be relied upon.
He said the April date was proposed because the independent special committee, appointed by the company, looking into the allegations of short seller Muddy Waters is due out by month’s end.
As well Sino-Forest has promised to issue its third quarter earnings, which has been repeatedly delayed, and its annual financial statements are due on March 30. The mid-April date will give the public some time to digest information before shares trade, he said.
Sino-Forest has been mired in trouble, with accusations it has overstated assets and sales. Its failure to report its third quarter earning nearly sent the company into default this month.
The OSC ordered the trading halt last August, citing serious concerns that some company officers appeared to be engaging in acts of fraud.
Those five officers were also barred from trading securities – and Allen Chan stepped down as CEO days later.
Judson Martin, who has been an executive with several Brascan Group companies as well as Atlantis Alliance, was then appointed CEO of Sino-Forest.
The trading ban was later extended until January as the commission’s investigators continued its lengthy probe that includes thousands of documents, mostly in Chinese. The RCMP has since been called in to look at possible criminal fraud.
At the same time, Sino-Forest asked a special independent committee of its directors to investigate the allegations that were first set out by short-seller Carson Block of Muddy Waters last summer.
The Muddy Waters report sent the share price plunging after the short-seller, which makes money when a stock falls, accused Sino-Forest of being “a multi-billion-dollar Ponzi scheme.”
In November, the special committee’s interim report confirmed the company’s cash was as stated and timber holdings are in place, but conceded some information is difficult to verify in far-flung locales in China.
It was supposed to deliver a final report by the end of last year, but it now says it will be available by the end of January.
The company avoided a default this month, after reaching a deal with noteholders that includes paying a nearly $10 million (U.S.) outstanding interest payment as well as a 1 per cent waiver fee of $10 million (U.S.)
As part of the agreement, Sino-Forest has agreed to provide a strategic plan to advisers of an ad hoc committee of debt holders by March 31 that will include any timeline for any sale process and capital or equity process.
The company has agreed that it and its subsidiaries will maintain in aggregate a minimum cash balance inside China excluding Hong Kong of $165 million (U.S.) and a minimum cash balance outside China including Hong Kong of $140 million (U.S.).
Source: http://www.thestar.com/article/1119635--sino-forest-trade-halt-extended-to-april-16-by-osc
Halt extended to april 16 2025 lol:
http://www.thestar.com/article/1119635--sino-forest-trade-halt-extended-to-april-16-by-osc
DJ Ontario Regulator To Hold Hearing On Extending Sino-Forest Trading Halt
13 Jan 18:06
By Ben Dummett
Of DOW JONES NEWSWIRES
TORONTO (Dow Jones)--The Ontario Securities Commission said late Friday it
will hold a hearing Jan. 23 to consider if it is in the public interest to
extend the trading halt on Sino-Forest Corp.'s (TRE.T) stock to April 16.
The timber company, which operates in China, but is listed on the Toronto
Stock Exchange, has been struggling for survival under a cloud of fraud
allegations since the summer. The OSC first halted the stock in August to
investigate allegations the company overstated the value of its timber assets.
In September, the halt was extended to Jan. 25 to give the commission more time
to complete its probe.
Earlier this week, Sino-Forest said it was in talks with the OSC to further
extend the cease trade order beyond Jan. 25, as it tries to work with its
bondholders to come up with a strategic plan that will help it maximize the
value of its assets and avoid defaulting on some of its debt.
The strategic plan is expected to provide a timeline for the possible sale of
assets or the issuing of equity. As part of the agreement with the noteholders,
Sino-Forest will make the $9.775 million interest payment on its 2016
convertible notes that was due on Dec. 15, and has agreed to pay, when due,
interest on its convertible notes due 2013 and 2016 and on the two series of
senior notes.
-By Ben Dummett; Dow Jones Newswires; 416-306-2024; ben.dummett@dowjones.com
(END) Dow Jones Newswires
01-13-12 1806ET
Copyright (c) 2012 Dow Jones & Company, Inc.
The Ontario Securities Commission halted trading in Sino-Forest’s shares in August and accused co-founder and former chairman and chief executive officer Allen Chan and other executives of participating in fraudulent activity.
The company said Thursday it has agreed to extend the cease-trade order beyond Jan. 25, when the current order is set to expire. Mr. Chan and the company have denied the allegations, which have not been proven in court.
"The company has agreed to file an application to lift the cease trade order as soon as practicable."
Well when and if we trade again, I hope we hear one way or another if anyone will be charged with fraud. If their has been no fraud committed,than company should be cleared of any wrong doing, before we start trading again.
I wonder how long they are going to drag this out.
Interesting that other frauds such as Longtop financial, got deregistered off ALL of the exchanges, yet they are allowing Sino Forest to trade once again.
Trading halt may be extended.
2 Interesting PR's from TMX.
Sino-Forest Provides Update Regarding Note Holder Default Notices and Comments on the Status of its Historic Financial Statements:
http://tmx.quotemedia.com/article.php?newsid=47427007&qm_symbol=TRE
Sino-Forest Corporation's Noteholders Waive Default under Senior Notes on Agreed Terms
http://tmx.quotemedia.com/article.php?newsid=47427007&qm_symbol=TRE
Nobody can do anything so it is dead right now....will become much more active once the trading halt is lifted I agree!
Come January 25th, maybe this forum becomes a bit more active.
lol im the only mod here!
And the first post of the NEW YEAR??
Any thoughts on trading this stock on the 25th of January? $$$$?
So far I don't see why excecpt for short money makers.
oh great my sons B-day, I may need to get sum
I believe trading resumes on January 25th
Its Jan 25, see my post #876
Why are there no PR's indicating when Sino Forest stock will resume trading on the Canadian and US markets?
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Paulson's Comments Upon Previous TRE/SNOFF Holdings | Link Here |
Shares Outstanding ► | 245.7 million shares (as of 12/31/2010) |
Shares in Float ► | 203.8 million shares (as of 12/31/2010) |
TSX Venture Market Information |
Email: louisa-wong@sinoforest.com
CANADA Corporate Administration Office Sino-Forest Corporation | 90 Burnhamthorpe Road West, Suite 1208, Mississauga, Ontario Canada L5B3C3 Tel: +905 281 8889 Fax: +905 281 3338 Email: info@sinoforest.com |
HONG KONG Executive Head Office Sino-Wood Partners, Limited (wholly-owned subsidiary of Sino-Forest Corporation) | Room 3815-29 38/F, Sun Hung Kai Centre, 30 Harbour Road, Wanchai, Hong Kong Tel: +852 2877 0078 Fax: +852 2877 0062 Email: info@sinoforest.com |
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