
Carl Icahn surprised almost everybody when he completed his $7 per share tender offer deadline with control of 32% of Lionsgate, shares. Hollywood immediately feared the indie studio would be unable to continue business as usual, because Lionsgate’s $340 million credit facility with JP Morgan Chase Bank contained a covenant that allowed the lender could revoke the credit line once an outsider accrued more than 20% of shares in a takeover bid. Today, Lionsgate announced that it has amended its revolving credit facility with JP Morgan Chase. The trigger threshold for Change of Control has been upped from 20% to 50% control or ownership of the Company’s equity securities. This gives Lionsgate brass the ability to spending money while the Icahn Group takeover attempt plays out. The company notes that it keeps the same interest rate it had before, which is 2.5% above the standard bank borrowing rate (which is currently around 1.175%).


Good job Felty & Burns…continue to fight this animal with every move you can make
Even Cuban’s shares and those minority who tendered to Icahn put him nowhere near 51%
This nibbling along take over has been going on so long that I do not recall what the prize is.
Isn’t Icahn a money guy plain and simple? Why is he so stuck on getting control of a indie company?
He wants it for his son, who would “run” the studio – a nightmarish proposal. It’s cheap enough for him to take a run at.
A good friend of mine is an equity analyst. He broke it down this way after reading Liongate’s 10-K:
The company’s top brass manages the firm very well — “the best ran studio in town”, in his own words. Icahn realizes the company is dirt cheap at $7/share so he throws up red herrings — bitching about a Bentley driven by an exec — because he wants to get his hands on the massive cash flow thrown off by the dvd division.
He’s counting on dumb bunnies like Cuban — I don’t give a damn about his net worth — to buy into his charade so that he can affect his plans. Yet another firm he seeks to soak and destroy.
I really wish Icahn would fuck off and leave this company alone. Yes, they have stumbled in a number of ways, but they have generally managed their business well in a tough economy. If he is successful, I think it will mean the demise of a solid independent, and that would be a real shame.
Aaaaaaaaand he’s done. Icahn is not so deep into this that he will fight a proxy fight out spite. He will get out gracefully and quietly.
Or will he?