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The Morning Brief: McGuire’s Marcato Reveals Terex Stake

Richard (Mick) McGuire III’s San Francisco-based activist firm马拉托资本管理根据监管申请,已收购了5.1%的股份,或550万股股份,起重机制造商Terex。该股权于13D提交的证券交易委员会宣布,这意味着它是积极投资。Marcato认为公司股票的典型样板语言均予以低估,并将继续与Terex的管理团队进行讨论,以提高股东价值的方法。这些可能包括改善投资资本,利润率,产能利用等的回报。Terex股价周四收于23.55美元,比前一天关闭的2%左右。本周早些时候马尔卡托宣布了它taken a stakein Buffalo Wild Wings.

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The battle between Jeffrey Smith’s New York-based activist hedge fund firmStarboard Value和制药公司Depomed正在升温。This week Starboard sent a letter to shareholders of Depomed, in which Starboard has a 9.8 percent stake, urging them to appoint Robert Savage and James Tyree to assist in Starboard’s solicitation efforts to call a special meeting to replace the company’s board and to join the company’s board if Starboard wins its fight. Savage is the former worldwide chairman for the pharmaceuticals group at Johnson & Johnson and Tyree was the former executive vice president for pharmaceutical products at Abbott Labs.

右舷在4月份揭示了其PavoMed股权时,该公司的管理层已经采取了“令人愤慨”的措施来巩固自己并避免被收购的公司。在本周发出的信中,Starboard表示,它继续“关于严重的企业治理缺陷,可疑的资本分配决策以及董事会对获取所得入的战略利益的行动”,并决定添加任何额外董事会nominees to its proposed slate because doing so would further delay its efforts to replace the board, per Depomed’s bylaws.

Starboard blasted Depomed’s decision to set the date for a special meeting for August 19, saying it deliberately waited until as late a date as permitted under its bylaws because “when the Company realized we had assembled a highly qualified slate, they no longer wished to hold the meeting as soon as possible.” The letter added: “This is yet another example of the Board attempting to disenfranchise shareholders and further entrench itself and bares [sic] an eerie resemblance to the delay tactics that Depomed used against Horizon Pharma plc (“Horizon”) during Horizon’s failed acquisition proposal of Depomed.”

Starboard now wants to control the timing of the special meeting and did not mince words as to why, saying in the letter, “We will proceed with our SEC-compliant solicitation process to ensure that shareholders have their voices heard and to prevent Depomed from any further attempts to manipulate our Special Meeting process and disenfranchise shareholders with needless stratagems.”

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Another activist firm, Keith Meister’s New York-basedCorvex Management, filed a petition with the Federal Communications Commission to increase its stake in the Internet radio company to 14.99 percent without further FCC approval. Meisterrevealed in Maythat he had taken a 9.95 percent stake in the company and is urging it to consider putting itself up for sale. Last week the Wall Street Journalreportedthat Liberty Media Corp. floated an offer of $15 per share for Pandora, but that Pandora thinks its shares are worth closer to $20 apiece.

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A slew of investment banks lifted their price targets on Facebook after the social media giant reported quarterly profits of $2 billion — just six months after it crossed the $1 billion threshold for the first time. Deutsche Bank raised its price target from $160 to $170 per share, Stifel raised its from $145 to $155, UBS raised its from $150 to $155 and Credit Suisse raised its from $145 to $154. Facebook was held by at least 191 different hedge funds as of the end of the first quarter.