April 24, 2024

DealBook: Warner Music Suitor’s Record of Deal-Making

Len BlavatnikRick Maiman/Bloomberg News Len Blavatnik

Len Blavatnik, the Russian-born billionaire who is nearing an acquisition of the Warner Music Group, is well known for his investing prowess.

He came to America as a penniless teenager. After building a fortune on oil and metal companies, his net worth is now estimated at $7.5 billion, according to Forbes, making him the 31st richest person in America.

But along the way to wealth, Mr. Blavatnik picked up one black mark on his otherwise rosy deal-making record. His last big deal – the 2007 buyout of the chemical company Lyondell – led to bankruptcy less than two years later.

Lyondell’s creditors are suing Mr. Blavatnik and his holding company, Access Industries, alleging that they loaded the company with mountains of debt that ultimately toppled the business, according to court documents.

The suit also claims that he and others “mismanaged the business,” causing the company to become “insolvent, undercapitalized and to incur debt beyond their ability to pay,” the documents say. When the financial crisis hit, many of the company’s manufacturing contracts disappeared, causing a liquidity crunch at the company.

The deal’s origins can be traced to 2005, when Access acquired Basell, a Dutch chemicals producer. Two years later, Basell bought Lyondell for roughly $12 billion in cash. Including the debt assumed by Basell, the deal was valued at about $20 billion.

The creditors are seeking to recoup several hundred million dollars that they say Mr. Blavatnik earned off the deal, including $125 million in management and transaction fees and 100 million euros in dividends he pulled out of Basell shortly before the deal closed.

Mr. Blavatnik has contested that the deal cost him a fortune – including his roughly $1 billion personal holding in Basell. Mr. Blavatnik also says he lost $5 billion to $10 billion, based on a estimate of his equity stake in Basell.

The creditors dispute the accuracy of that estimate. They cite in their suit an e-mail from an Access employee, who said that if Access “were asked to put in $4 billion to buy Basell today, we would roll over in laughter.”

Access declined to comment. The case is scheduled to go to trial in October.

Mr. Blavatnik’s other deals have fared far better.

Well known for his hard-nosed approach to business, Mr. Blavatnik first got rich off the privatization of the Russian economy after the fall of the Soviet Union.

An American citizen who fled Russia with his family in 1978, Mr. Blavatnik earned his master’s degree from Columbia University and his M.B.A. from Harvard Business School.

In 1986, he formed Access, which now holds large stakes in more than a dozen companies, including the Warner Music Group and TNK-BP, one of Russia’s largest oil companies.

He also sat on Warner’s board from 2004 to 2008 and is close friends with the company’s chairman and chief executive, Edgar Bronfman, Jr. In 2007, Mr. Blavatnik reportedly bought Mr. Bronfman’s Upper East Side townhouse overlooking Central Park for $50 million. (Mr. Blavatnik also owns a mansion in Kensington Palace Gardens in London.)

On the rare occasion that Mr. Blavatnik loses money, he quickly moves to make it back. Last year he sued JPMorgan over the loss of $100 million in Access funds the bank invested in mortgage-backed securities that ultimately soured.

Even the ill-fated Lyondell deal no longer seems so disastrous. The company emerged from bankruptcy last year and is now turning a steady profit. The company, which rang the bell at the New York Stock Exchange on Monday, reported earnings of $660 million for the first quarter of 2011.

Mr. Blavatnik is reaping the benefits of the rapid turnaround. He still holds a roughly 15 percent stake in the company.

Article source: http://feeds.nytimes.com/click.phdo?i=5d019d1b1cf2054d15aee6c8c9de3f94

DealBook: American Apparel Warns of Bankruptcy

American Apparel

American Apparel is losing its appeal among young urban shoppers.

The clothing retailer warned in a regulatory filing on Thursday that it might have to file for bankruptcy unless demand picked up for its cotton T-shirts and leggings — and its overall financial situation improves.

The company, known for its provocative advertising and controversial founder, has endured a rough year.

American Apparel reported an $86 million loss in 2010, compared with a $1 million profit the year prior. Cash flows were negative, too. And the company is predicting much the same for 2011, according to its annual filing with the Securities and Exchange Commission.

The company says it is hashing out a plan to spruce up its business. It is renegotiating real estate leases, a step that could include closing some stores. It is working with vendors and landlords to push back its bills. And it is considering laying off retail staff.

American Apparel, which has hired an outside financial adviser, is also trying line up additional sources of capital. It may also need to restructure some debt.

But unless its financial picture gets better, the company said bankruptcy could be the next stop.

“If the company is not able to timely, successfully or efficiently implement the strategies that the company is pursuing to improve its operating performance and financial position, obtain alternative sources of capital or otherwise meet its liquidity needs, the company may need to voluntarily seek protection under Chapter 11 of the U.S. Bankruptcy Code,” American Apparel disclosed in its filing.

It is the latest problem for a company that has been dogged by financial and legal issues over the past year.

In August 2010, the company disclosed that it had received a federal subpoena over its decision to change its accounting firm. At the same time, American Apparel said it was in danger of not complying with the terms of a loan, which raised doubt that the retailer could survive.

Last month, a former sales associate at American Apparel filed a lawsuit against Dov Charney, the company’s flamboyant chief executive and founder. She is accusing Mr. Charney of sexual harassment in a claim that names three other women.

As the company has suffered, investors have fled. In the last 12 months, the retailer’s stock has fallen by nearly 70 percent to less than $1.

Article source: http://feeds.nytimes.com/click.phdo?i=52ccd7f9c878a49836764e5dc13a2420