Valeant Pharma, J. Michael Pearson and Pershing Square Capital Management entered into a litigation management agreement
- Pursuant to the Litigation Management Agreement, the Valeant Parties and the Pershing Square Parties agreed to certain provisions with respect to the management of the litigation with respect to the putative class action pending in the United States District Court for the Central District of California captioned In re Allergan, Inc. (AGN) Proxy Violation Secs. Litig., Case No. 8:14-cv-2004-DOC (KESx) (C.D. Cal.) including (i) all cases currently consolidated with the California Action and (ii) any opt-out litigation or individual actions brought by members of the putative class in the California Action asserting the same or similar allegations or claims.
- In addition to the agreements set out above with respect to the Allergan Litigation, the Litigation Management Agreement includes an undertaking by the Pershing Square Parties to forbear from commencing any action or actions that arise out of, or relate to, the claims alleged or facts asserted in the Allergan Litigation or to the purchase or acquisition of, or transactions with respect to, the Company's securities against any of the Valeant Parties from February 3, 2017 until the date that is thirty days after the termination of the Litigation Management Agreement. Any statute of limitations applicable to such actions or tolled claims is suspended during this period. If the Litigation Management Agreement is terminated pursuant to its terms, the parties will meet and discuss whether any tolled claims should be submitted to confidential arbitration or mediation.
- Mutual Release: In connection with the entrance into the Litigation Management Agreement, on February 10, 2017 the Valeant Parties and the Pershing Square Parties entered into a mutual release of claims (the "Mutual Release"). The Mutual Release will go into effect upon the later of satisfaction of the payment obligations that each party would have in connection with any settlement of the California Action pursuant to the Litigation Management Agreement described above and the date of entry of final judgment, and will not occur if the Litigation Management Agreement is terminated.
- Whole sector can grow EPS by 12% through 2018, which should be enough to generate 7% total shareholder return on average
- Recommends buying coatings; sell gases, auto catalysts, Christian Hansen (CHR DC)
- Likes Arkema, LYB, BASF, Solvay among cyclicals
- Sell Covestro, Lanxess; sees DSM, UNVR as “hidden value” stocks
- Top picks: Arkema, Akzo, DSM, BASF in Europe; LYB, PPG, AXTA, UNVR in U.S.; bottom picks are PX, Air Liquide, Umicore, Covestro, Christian Hansen
- U.S. initiations: Buy on AXTA (PT $34), LYB ($109), PPG ($117), RPM ($59), UNVR ($35); hold on IFF ($125); sell on APD ($131), PX ($107)
- New positions in: FCX (~10.94 mln shares - also has calls), TRN (~1.7 mln), SALT (~1.47 mln), LPI (~1.21 mln), JNUG(~1.06 mln), SUM (~1.05 mln), VALE (~0.82 mln), DOW (~0.79 mln), TXT (~0.78 mln)
- Increased positions in: RIO (to ~4.42 mln shares from ~3.36 mln shares), HES (to ~1.08 mln from ~0.45 mln), SU (to ~0.71 mln from ~0.23 mln), CAT (to ~0.45 mln from ~0.06 mln), HZO (to ~1.51 mln from ~1.13 mln), TSE (to ~0.83 mln from ~0.46 mln), DAL (to ~0.47 mln from ~0.18 mln) NEM (to ~1.82 mln from ~1.59 mln), CENX (to ~0.7 mln from ~0.57 mln), EOG (to ~0.2 mln from ~0.08 mln)
- Maintained positions in: TECK (~12.04 mln shares), TTWO (~1.04 mln)
- Closed positions in: CAA (from ~1.01 mln shares), DHI (from ~0.65 mln), KSU (from ~0.54 mln), BCS (from ~0.53 mln), AMD(from ~0.47 mln), CLD (from ~0.41 mln), BC (from ~0.39 mln), LPX (from ~0.36 mln), TUR (from ~0.28 mln), WAB (from ~0.19 mln), COH (from ~0.16 mln), TJX (from ~0.13 mln), CBS (from ~0.13 mln), SLB (from ~0.12 mln)
- Decreased positions in: SWFT (to ~2.79 mln shares from ~3.69 mln shares), FLR (to ~0.6 mln from ~1.34 mln), NFX (to ~0.15 mln from ~0.81 mln), X (to ~2.12 mln from ~2.49 mln), CLR (to ~0.19 mln from ~0.51 mln), DVN (to ~0.29 mln from ~0.48 mln), ARLP (to ~0.18 mln from ~0.35 mln), HOG (to ~1.07 mln from ~1.24 mln), FDX (to ~0.16 mln from ~0.29 mln)
- New positions in: HAS (~1.4 mln shares), ADNT (~0.24 mln - JCI spinoff), COG (~0.24 mln), FSLR (~0.08 mln), ECA (~0.05 mln), NEE (~0.05 mln)
- Increased positions in: BAC (to ~30.5 mln shares from ~0.08 mln shares), SPWR (to ~0.29 mln from ~0.05 mln), JCI (to ~0.42 mln from ~0.31 mln), CRM (to ~0.13 mln from ~0.11 mln)
- Maintained positions in: DAL (~26.19 mln shares), LB (~10.42 mln shares), FB (~5.41 mln shares), GOOGL (~1.28 mln shares)
- Closed positions in: AES (from ~0.41 mln shares), AMD (from ~0.11 mln), BWA (from ~0.08 mln)
- Decreased positions in: V (to ~1.42 mln shares from ~7.52 mln shares), NKE (to ~17.05 mln from ~20.71 mln), JPM (to ~21.21 mln from ~23.96 mln), CMCSA (to ~21.37 mln from ~23.89 mln), C (to ~6.05 mln from ~7.89 mln), DIS (to ~8.11 mln from ~9.59 mln), AMZN (to ~1.47 mln from ~1.8 mln), IR (to ~0.07 mln from ~0.2 mln), CNQ (to ~0.17 mln from ~0.25 mln)
Closing Market Summary: Another Day, Another Record CloseAnother day, another record close for the major averages. The key indices backed away from their best levels during afternoon action, but still kept the bulk of their gains. The Dow (+0.7%) led the day's advance while the S&P 500 and the Nasdaq both gained 0.5%.
President Trump's upcoming tax-related announcement was yet again the driver of today's bullish sentiment. Investors have pushed the stock market higher since last Thursday when Mr. Trump promised to deliver a "phenomenal" tax reform plan in the coming weeks. Without any specific details of said plan, it's clear that investors are seeing the gesture as symbolic, a sign of the new administration's resolve in keeping the pro-growth promises of Mr. Trump's presidential campaign.
Financials (+1.1%) provided strong sector leadership throughout the morning, but lost some of their momentum in the afternoon. Industrials (+1.0%) also had a solid showing, as Caterpillar (CAT 98.50, +2.19) rallied around a recent report from U.S. Department of Homeland Security which suggested Mr. Trump's proposed barrier along the U.S./Mexico boarder may cost more than it was originally estimated.
The top-weighted technology sector (+0.7%) finished just a step ahead of the benchmark index, thanks in large part to Apple's (AAPL 133.29, +1.17) strong performance. Apple, the largest company by market cap, has added over 10.0% since reporting record revenues, earnings, and iPhone sales on January 31st.
Energy (unch) was the worst performing cyclical space as crude oil broke its three session wining streak. The commodity finished lower by 1.7% at $52.95/bbl as an uptick in U.S. production overshadowed the release of an OPEC report, which showed high compliance with last year's agreed upon production cuts. This report confirms similar findings from the International Energy Agency.
The only group to finish behind energy was the lightly-weighted telecom services sector (-1.3%) thanks to heavy losses from Verizon (VZ 48.55, -0.43) and AT&T (T 40.65, -0.73). Verizon slipped 0.9% after unveiling a new unlimited data plan while AT&T's downtick of 1.8% was partly due to the company's ongoing dispute with the Communications Workers of America.
U.S. Treasuries also finished the day in the red, leaving the 10-yr note with its fourth consecutive loss. The benchmark 10-yr yield finished two basis points higher at 2.43%.
Investors did not receive economic data on Monday. Tomorrow's lone economic report, January PPI (Briefing.com consensus 0.3%) will cross the wires at 8:30 am ET.
In addition, Fed Chair Janet Yellen will be delivering her semiannual monetary policy report to the Senate Banking Committee on Tuesday. Investors will be tuned in, looking for indications regarding the timing of the next rate hike from the FOMC.
- Nasdaq Composite +7.1% YTD
- S&P 500 +4.0% YTD
- Dow Jones Industrial Average +3.3% YTD
- Russell 2000 +2.6% YTD