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4:31PM This week's biggest % gainers/losers (SCANX) : The following are this week's top 20 percentage gainers and top 20 percentage losers, categorized by sectors (over $300 mln market cap and 100K average daily volume).

This week's top 20 % gainers

  • Utilities: EBR (2.97 +16.14%)
  • Technology: JASO (8.03 +45.69%), SCTY (48.78 +31.1%), YGE (3.19 +23.17%), VSAT (71.57 +19.78%), GAME (3.59 +19.54%), FLTX (29.74 +18.06%), WFR (7.45 +16.86%), HPQ (24.21 +16.39%)
  • Services: WBSN (24.8 +32.08%), SKS (15.49 +30.06%), RUE (42.03 +24.77%), DANG (6.11 +16.37%)
  • Industrial Goods: XONE (45 +16.6%)
  • Healthcare: MNKD (6.55 +32.75%), ARIA (19.57 +18.03%), INSM (12.93 +17.8%), GTXI (5.89 +16.76%)
  • Basic Materials: CENX (9.86 +18.41%), PEIX (4.63 +17.58%)
Thsi week's top 20 % losers
  • Technology: ARUN (13.3 -24.7%), CRUS (17.36 -20.22%), IGTE (14.23 -12.46%), SWI (41.01 -12.14%), SAAS (7.36 -11.67%), RHT (48.49 -9.78%), CAVM (31.85 -9.76%), ADNC (14.77 -9.42%)
  • Services: HGG (13.91 -10.55%), SSI (23.26 -10.43%)
  • Industrial Goods: ICA (8.04 -22.68%), PGTI (8.03 -11.68%), OSIS (57.85 -11.33%), RAVN (31.26 -11.3%), NCS (15.06 -9.94%)
  • Healthcare: IRWD (12.83 -14.25%)
  • Financial: BSMX (14.92 -11.47%), APO (25.04 -10.34%)
  • Basic Materials: HK (5.54 -11.11%), CHKR (14.32 -10.9%)

4:06PM Digirad adopts tax benefit preservation plan to protect its net operating loss carryforwards (DRAD) 2.40 0.00 : Co announced today that its Board of Directors has adopted a Tax Benefit Preservation Plan (the Plan) designed to preserve the value of its significant net operating loss carryforwards (NOLs) in relation to the potential limitations under Section 382 of the Internal Revenue Code. Digirad intends to seek stockholder approval of the Plan at its 2014 annual meeting of stockholders. Digirad has federal NOLs totaling approximately $95 million as of December 31, 2012.

4:05PM Asia Entertainment announces proposed rights offering (AERL) 4.37 +0.10 : Co announced the record date for a proposed rights offering. As AERL previously announced, AERL is seeking to dual list its securities on the Hong Kong Stock Exchange. In order to comply with Hong Kong listing requirements relating to the financial independence of the company, AERL should, among other things, repay in full amounts due to existing shareholders in order to demonstrate its financial independence from shareholders at the time of the listing in Hong Kong. In order to raise funds sufficient to repay such amounts, AERL plans to offer subscription rights to purchase approximately $63 million of its ordinary shares to each shareholder of record as of June 3, 2013. The rights offering will permit AERL to raise equity capital through the sale of ordinary shares without diluting existing shareholders who exercise their rights in full. The number of rights, exercise price of the rights and other terms will be determined and announced prior to the commencement of the offering. AERL expects that the rights will be tradable, thereby allowing existing shareholders that are not interested in exercising their rights to sell their rights in the public market. Certain of AERL's current shareholders are expected to agree to purchase any ordinary shares underlying unexercised rights. Some of the shareholders agreeing to purchase such shares hold the indebtedness that will be repaid with the proceeds of the rights offering. No consideration is expected to be paid to these shareholders for their agreement to purchase these shares.

4:05PM Actavis confirms Appeals Court issues injunction related to generic Pulmicort RESPULES distribution (ACT) 127.23 -0.85 : Co confirmed that the United States Court of Appeals for the Federal Circuit has granted a motion by AstraZeneca (AZN) to enjoin Actavis from further distribution of its generic version of AstraZeneca's Pulmicort RESPULES (budesonide inhalation suspension) 0.25, 0.5 mg products, pending resolution of AstraZeneca's appeal before the Court. Actavis launched its generic product on April 1, 2013, following a ruling from the U.S. District Court for the District of New Jersey that Actavis' 0.25, 0.5 and 1 mg generic version of Pulmicort RESPULES did not infringe United States Patent No. 7,524,834 (the '834 Patent) and that United States Patent No. 6,598,603 (the '603 Patent) was invalid. On April 2, 2013, the District Court issued a temporary restraining order prohibiting sales of Actavis' generic product to permit AstraZeneca an opportunity to seek injunctive relief with the Federal Circuit. Pulmicort RESPULES is a maintenance medicine used to control and prevent asthma symptoms in children ages 12 months to 8 years. For the 12 months ended January 31, 2013, total U.S. brand and generic sales of Pulmicort RESPULES were approximately $1.2 billion.

3:56PM Market View: Major indices post marginal losses nearing the closing bell today with large-cap sector weakness in utils. (XLU), energy (XLE), basic materials (XLB), & industrials (XLI); SPX currently trades 1647.86 -2.65 (-0.16%) (TECHX) :  

3:32PM Earnings Preview for the week of May 28 - 31 (SUMRX) : Of the companies reporting earnings for the week of May 28 - 31 some of the bigger names include:

  • Tuesday:
    • Pre Market - BNS, SDRL, TIF, CSIQ
    • After Hours - UNFI, WTSL
  • Wednesday:
    • Pre Market - DG, BMO, CHS, BWS, DSW, KORS, TFM
    • After Hours - AVGO, TLYS
  • Thursday:
    • Pre Market - COST, BIG, JOY, SAFM, FRED, EXPR
    • After Hours - LGF, PLL, GES, OVTI, PANW, SPLK
  • Friday:
    • Pre Market - GCO

3:23PM Silver Wheaton confirms that is has been notified by Barrick Gold (ABX) that Barrick is currently reviewing a resolution that it has received on the Pascua-Lama project by Chile's Superintendent of the Environment (shares remain halted) (SLW) 23.30 +0.21 : The SMA requires Barrick to complete Pascua-Lama's water management system in accordance with the project's environmental permit before resuming construction activities in Chile and has levied a $16 million fine against Barrick (ABX). "We remain confident in Barrick's ability to develop Pascua Lama into one of the world's great gold / silver mines. Barrick has continued to show a strong commitment to exceeding regulatory compliance and protecting the environment, and it is worth highlighting that there have been no negative environmental impacts at Pascua Lama to date. We remain confident in Barrick's commitment to this project, and look forward to seeing this issue resolved. Silver Wheaton looks forward to a long term partnership with Barrick on Pascua-Lama."

3:04PM Barrick Gold confirmed it received a resolution from Chile's Superintendence of the Environment (shares remain halted) (ABX) 19.45 -0.10 : Co confirmed that it received a resolution from Chile's Superintendence of the Environment that requires the company to complete Pascua-Lama's water management system in accordance with the project's environmental permit before resuming construction activities in Chile.

The SMA also announced that the company will be subject to an administrative fine of ~$16 mln for deviations from certain requirements of the project's Chilean environmental approval, including a series of reporting requirements and instances of non-compliance related to the project's water management system.

The company is in the process of reviewing the SMA resolution in detail. Barrick is fully committed to complying with all aspects of the resolution and to operating at the highest environmental standards.

Briefing Note: Related Tickers include: ABX, RGLD, SLW, FLR (see 12:54, 12:39, 12:32 for color).

3:03PM Gold and silver are dropping, gold hit a new session low (COMDX) : June gold is now -0.7% at $1381.70/oz, July silver is -0.8% at June gold is now -0.7% at $1381.70/oz, July silver is -0.8% at $22.34/oz.2.34/oz.

2:56PM NYMEX Energy Closing Prices (COMDX) :

  • July crude oil fell $0.03 to $94.11/barrel
    • Crude oil lifted off its session low of $93.04 set moments after floor trade opened and trended higher for the remainder of its session. Despite the effort, the energy component settled 3 cents in the red, slightly below its session high of $94.29. Today's slight decline brought the week's losses to 2.3%.
  • June natural gas fell $0.02 to $4.24/MMBtu
    • Natural gas traded in the red for its entire pit session in a tight range between $4.22 and $4.25. Although it settled 0.5% lower, natural gas booked a solid 4.4% gain for the week.
  • July heating oil settled unchanged at $2.85/gallon
  • July RBOB gasoline rose 1 cent to $2.82/gallon

2:24PM DJIA advances into marginally positive territory here, now +4pts. @ 15299 paced by % gainers in PG, WMT, HD, KO, AXP, & BA (DIA) :  

2:21PM CBOT Agriculture and Ethanol Closing Prices (COMDX) :

  • July corn fell 5 cents to $6.57/bushel
  • July wheat fell 9 cents to $6.96/bushel
  • July soybeans fell 19 cents to $14.76/bushel
  • June ethanol fell 3 cents to $2.60/gallon
  • July sugar (#16 (U.S.)) fell 0.08 of a penny to 19.50 cents/lbs

2:10PM Natural gas futures are inching back near its LoD of $4.22/MMBtu; June nat gas is now -0.8% at $4.23/MMBtu (COMDX) :  

2:02PM Market View: Sector ETF out-performance into afternoon trading in Alt. Energy (PBW, TAN, FAN), & Consumer Staples (XLP) (TECHX) :  

1:57PM COMEX Metals Closing Prices (COMDX) :

  • June gold fell $4.80 to $1386.90/ounce
    • Gold chopped around in negative territory during today's floor trade despite a weaker dollar index. It touched a session low of $1384.20 and eventually settled slightly above that level with a 0.3% loss. Although the yellow metal closed slightly lower today, it managed to gain 1.6% over the week.
  • July silver settled unchanged at $22.50/ounce
    • Silver dipped to a session low of $22.27 shortly after pit trade opened but inched higher in morning action. It then spent the remainder of the session trading near the unchanged line where it eventually settled, booking a 0.6% gain for the week.
  • July copper settled unchanged at $3.30/lb

1:39PM USEC Inc. to cease enrichment at Paducah Plant (USU) 0.41 +0.02 : Co announced that had not been able to conclude a deal for the short-term extension of uranium enrichment at the Paducah Gaseous Diffusion Plant in Kentucky, and the company will begin ceasing uranium enrichment at the end of May. The Paducah plant is the only U.S.-owned and operated uranium enrichment facility in the United States. USEC leases the plant from the U.S. Department of Energy (DOE). USEC will take steps to cease enrichment at the Paducah plant over the next month and to prepare the plant site for return to DOE. USEC expects to continue operations at the site into 2014 in order to manage inventory, continue to meet customer orders and to meet the turnover requirements of its lease with DOE.

1:27PM Dollar Slips in Quiet Trade: 10-yr: unch..2.014%..USD/JPY: 101.02..EUR/USD: 1.2923 (SUMRX) : The Dollar Index remains in negative territory as a sleepy session drifts towards the finish line. Today's action has been limited to a 30 cent range, with current trade taking place in the middle of the range at 83.65. 

  • EURUSD is -10 pips at 1.2920 as trade has erased its early gains. Early buying provided yet another unsuccessful test of 1.3000 resistance with trade now holding near session lows. Key near-term support rests at 1.2800.
  • GBPUSD is +10 pips at 1.5115, but has come off its best levels. Intraday support resides in the 1.5110 region, but traders seem to be more concerned with the 1.4900 level, which is home to the 2013 lows. British banks are closed for Spring Bank holiday.
  • USDCHF is -65 pips at .9620 as sellers remain in control for a second session. The recent weakness has many eying .9500/.9550 support as its ability to hold will dictate whether or not a test of parity is forthcoming.
  • USDJPY is -90 pips at 101.10 as action presses the trendline off the April lows. A breakdown of that level puts support in the 100.00 area in focus. Bank of Japan Governor Kuroda will speak Sunday in Tokyo, ahead of the release of the latest Bank of Japan Monetary Policy meeting minutes.
  • AUDUSD is -95 pips at .9645 as sellers pressure the pair for the thirteenth time in the last fifteen days. A somewhat encouraging sign for hard currency bulls has been the ability to so far hold yesterday's lows, which reside at the key .9600 support level. Conditions remain heavily oversold, setting up the possibility of a squeeze higher.
  • USDCAD is +30 pips at 1.0330 as bulls have so far managed to defend the 1.0300 support level. The pair has rallied more than 300 pips over the past two weeks, setting up the potential for some profit-taking.  

1:14PM Market View: DIA edges to new reg. session high here @ midday paced by index % gainers PG, WMT, KO, HD, & CSCO (TECHX) :  

12:37PM Notable movers of interest (SCANX) : The following are some of today's most notable movers of interest, categorized by market capitalization (large cap over $10 billion and mid cap between $2-10 billion) and ranked by % change (all stocks over 100K average daily volume).

Large Cap Gainers

  • ISRG (502 +4.92%): Won trial in case of potential negligence in training of a doctor who performed a robot-assisted surgery on a patient who later died
  • PG (81.9 +4.07%): Alan G. Lafley rejoined co as Chairman, President, and CEO; reaffirmed Q4 guidance for EPS of $0.69-0.77 vs $0.78 estimate, revs +1-2% (~$20.41-20.62 bln) vs $20.61 bln estimate; upgraded to Buy from Neutral at UBS
  • NWSA (33.19 +0.96%): Board of Directors approved separation into two distinct publicly traded companies: 21st Century Fox and the new News Corporation; Board authorized $500 mln stock repurchase program for the new News Corporation
Large Cap Losers
  • CRM (42.02 -8.03%): Reported Q1 EPS of $0.10 (in-line), revs rose 28.5% yoy to $893 mln vs $887.3 mln estimate; sees Q2 EPS of $0.11-0.12 vs $0.12 estimate, revs of $931-936 mln vs $935.39 mln estimate; sees FY14 EPS of $0.47-0.49 vs $0.50 estimate, revs of $3.835-3.875 mln vs $3.87 mln estimate; downgraded to Neutral from Outperform at Wedbush
  • SMFG (8.25 -4.73%): Weakness in select Japanese companies following recent sharp declines in the Nikkei: MTU, NMR, TM also lower
  • GGB (6.49 -3.28%): Downgraded to Neutral from Overweight at JP Morgan
Mid Cap Gainers
  • ALKS (33.65 +1.97%): Downgraded to Sell from Neutral at MKM Partners; target raised to $37 from $32 at UBS
  • MENT (18.4 +1.55%): Beat quarterly EPS by $0.05 ($0.10 vs $0.05 estimate), revs fell 8.6% yoy to $226.5 mln vs $225.2 mln estimate; sees Q2 EPS of $0.17 ex items vs $0.14 estimate, revs of $245 mln vs $238.98 mln estimate; sees FY14 EPS of $1.55 ex items vs $1.52 estimate, revs of $1.16 bln vs $1.16 bln estimate
  • WWAV (18.09 +1.52%): Board authorized $150 mln share repurchase program; completed spin-off from Dean Foods
Mid Cap Losers
  • SHLD (50.06 -13.94%): Missed quarterly EPS by $0.69 (-$1.29 vs -$0.60 estimate), revs fell 8.8% yoy to $8.45 bln vs $8.37 bln two analyst estimate; co is evaluating strategic alternatives for Protection Agreement business
  • ANF (48.72 -10.39%): Missed quarterly EPS by $0.04 (-$0.09 vs -$0.05 estimate), revs fell 8.9% yoy to $838.8 mln vs $937.92 mln estimate; sees Q2 EPS of $0.28-0.33 vs $0.30 estimate; sees FY13 EPS of $3.15-3.25 vs $3.49 estimate; co expects negative comparable store sales in 2013
  • NDSN (67.7 -7.44%): Reported Q2 GAAP EPS of $0.84 (in-line), revs rose 21.2% yoy to $382.1 mln vs $382.11 mln estimate; sees Q3 GAAP EPS of $1.00-1.09 vs $1.14 estimate, revs of $404-419 mln vs $429.98 mln estimate; downgraded to Market Perform from Outperform at BMO Capital Markets; downgraded to Perform from Outperform at Oppenheimer

12:32PM Some color on Barrick Gold's Pascua-Lama mine (COMDX) 19.45 -0.09 : It was just reported on CNBC that Barrick Gold (ABX) was fined $15.8 mln by Chile Environmental regulator. ABX and SLW are both halted.

On April 10, ABX confirmed that it is suspending construction work on the Chilean side of the Pascua-Lama project while working to address environmental and other regulatory requirements to the satisfaction of Chilean authorities. In the interim, activities deemed necessary for environmental protection will continue as authorized. Construction activities in Argentina, where the majority of Pascua-Lama's critical infrastructure is located, including the process plant and tailings storage facility, are not affected. It is too early to assess the impact, if any, on the overall capital budget and schedule of the project.

Barrick Gold's 100% owned Pascua-Lama gold-silver project straddles the border of Chile and Argentina and is one of the largest silver deposits in the world. In addition to being a key growth asset for Barrick, Pascua-Lama significantly increases Silver Wheaton's long term growth profile and will be a cornerstone asset for years to come. Silver Wheaton's 25% share of the estimated average annual silver production for the first full five years is nine million ounces.

In April,Royal Gold (RGLD) reported announces that it was aware of press reports of a preliminary injunction affecting the Chilean portion of the Pascua-Lama project. Barrick (ABX) later reported that it is suspending construction work on the Chilean side of the project while working to address environmental and other regulatory requirements; that construction activities in Argentina, where the majority of Pascua-Lama's critical infrastructure is located, are not affected; and that it is too early to assess the impact, if any, on the overall capital budget and schedule of the project.

RGLD owns a 0.78% to 5.23% sliding-scale NSR royalty 1 on the Pascua-Lama project which is operated by a subsidiary of Barrick Gold (ABX). This royalty is applicable to all gold production from an area of interest in Chile. Royal Gold also holds a 1.05% NSR copper royalty which applies to all of the copper reserves in Chile within the area of interest, but does not take effect until after January 1, 2017.

12:01PM European Markets Closing Prices (SUMRX) : European markets are now closed; stock markets across Europe performed as follows:

  • UK's FTSE: -0.6%
  • Germany's DAX: -0.6%
  • France's CAC: -0.3%
  • Spain's IBEX: -1.0%
  • Portugal's PSI: + 0.7%
  • Italy's MIB Index: -0.8%
  • Irish Ovrl Index: + 0.0%
  • Greece ASE General Index: -0.3%

11:50AM SPY, DIA, QQQ, IWM edge to new reg. session high in recent trade as we move towards midday; SPX now @ 1644.47 -6.04 (-0.37%) (SPY) :  

11:45AM Otelco (thinly traded) announces it has emerged from bankruptcy and completed its restructuring process, including an extension of its senior credit facility (OTT) 2.05 +0.13 : Co announced that it has emerged from bankruptcy and completed its balance sheet restructuring process, including an extension of its senior credit facility. The Company repaid $28.7 million on its senior credit facility and extended its maturity through April 2016. The remaining balance of $133.3 million will have quarterly principal payments of 1.25% of the new loan amount plus interest on the outstanding balance at 6.5%. In addition, the Company will utilize 75% of its quarterly free cash flow to further reduce the outstanding balance on the loan each quarter. The facility includes a $5.0 million revolver which was undrawn at closing. These actions, along with the actions described below, complete the requirements of the Company's pre-packaged Plan and allow Otelco to exit bankruptcy today.

11:34AM Stocks/ETFs that traded to new 52 week highs/lows this session - New highs (62) outpacing new lows (23) (SCANX) : Stocks that traded to 52 week highs: AAV, ABTL, ACRX, ADES, AHC, ALNY, AMRB, BA, BLOX, BONT, BPL, CNTY, CQB, CVA, CWCO, DF, ES, ESMC, FLTX, FNHC, FTBK, HYGS, I, IBA, IMGN, IMKTA, IOC, JSDA, KIRK, LACO, LCI, MPLX, NAFC, NASB, NBIX, NSLP, NSPH, NWY, P, PBYI, PFPT, PWRD, PXP, RUE, SAVE, SCI, SCVL, SHOS, SMI, SPA, STEI, TEAR, TFCO, TLLP, TSH, VNDA, VVTV, WAIR, WEN, WFR, WLDN, YAVY

Stocks that traded to 52 week lows: ACC, AHPI, BSAC, CAW, CJJD, DGSE, DLGC, DM, EGT, ESE, GGB, GVP, KBIO, LFL, MATR, NEWL, RCPT, RKUS, RNIN, RVM, TNAV, XIDE, XRA,

ETFs that traded to 52 week highs: none

ETFs that traded to 52 week lows: JO

11:33AM Currency Commentary: DXY Slides Lower Despite Strong Durable Numbers (SUMRX) :

  • The Dollar Index has been floating below the 84 level over the past two days. The DXY spiked to 84.50 following the FOMC minutes release but it has been sliding lower since hitting its peak. The DXY has been trading in the 83.50-83.80 for the majority of today's session. The DXY did have a small rally following the better than expected Durable Orders number but so far has had a difficult time holding its gains.
  • The euro made a push toward 1.30 in overnight trade reaching as high as 1.2993. The peak was hit following better than expected German economic survey data but the inability of the currency to test the 1.30 area led some longs to close out positions. The single currency has now slipped back to the low end of the 1.29 area. It is showing signs of being able to hold this level.
  • The pound is regaining some of its recent losses today as it moved back to the 1.51 area. Sterling was able to push to 1.5140 in early U.S. trade but the level is showing some signs of intraday resistance.
  • The yen continues to push back toward the 100 level. It would appear that the 100 level will remain a key area for the yen in coming sessions. The debate over Bank of Japan easing verse the carry trade unwind will be a hot market topic and provide plenty of volatility in the currency (BONDX, FOREX).

11:24AM Market View: Sector ETF out-performance this morning in Solar (TAN +1%), & Consumer Staples (XLP +0.60%) (TECHX) :  

10:26AM SPX 500 back near lows as 1st hour of trading ends- SPX @ 1637.45 -13.06 (-0.79%) (SPY) :  

10:15AM J. C. Penney bucking broader market weakness as price edges above last week's high of 19.50 (JCP) 19.60 +0.21 : Note the 200-day sma lies above near 20.25 along with its late-February bearish gap.

10:03AM Iconix Brand acquires the remaining 49% interest in Ecko Unltd. and Marck Ecko Cut & Sew (ICON) 29.95 -0.38 : Co announced today that it has purchased the 49% minority interest in IP Holdings Unltd LLC ("IPHU"), owner of the Ecko Unltd., Marc Ecko Cut & Sew and related trademarks. Previously, the Company held a 51% controlling interest in IPHU. Marc Ecko Enterprises ("MEE") will continue in its role as the core apparel licensee for the brands. The Company paid $45 million in cash for the remaining equity in IPHU. In addition, as part of the transaction, the sellers will no longer have any obligations under a note payable by IPHU in the approximate amount of $52 million.

10:02AM Market View: New 1st hour lows across the board in SPY, DIA, QQQ, IWM (TECHX) :  

9:52AM Indices remain under pressure early: SPX @ 1640.04 -10.47 (SPY) :  

9:49AM HJ Heinz announces receipt of Chinese regulatory appproval required for the acquisition of Heinz by Berkshire Hathaway (BRK.B) and 3G Capital (HNZ) 72.45 +0.05 : Co announced that it has received regulatory approval from the Chinese Ministry of Commerce for the acquisition of Heinz by an investment consortium comprised of Berkshire Hathaway and an investment fund affiliated with 3G Capital. The transaction remains subject to certain customary closing conditions, including receipt of certain remaining regulatory approvals, and is now expected to close in early- to mid-June. Heinz has received antitrust clearance in the United States, Brazil, India, South Korea, Japan, Israel, Mexico, South Africa and Ukraine, and other regulatory approvals in Russia, New Zealand and Ireland. The Company is waiting for antitrust clearance in the European Union and Russia. The merger agreement between the parties was first announced on February 14 and was overwhelmingly approved by Heinz shareholders on April 30.

9:46AM Metallurgical coal play Walter Energy (WLT) just took off, rallying from its LoD to a new hoD of $18.80 in about 10 minutes.. looking around (WLT) 18.76 +0.24 :  

9:41AM Dow Chemical plans to cut debt by $2 bln in 2013 (DOW) 34.97 -0.13 : Co announced it plans to deploy part of its recent payment from the Petrochemical Industries Company of Kuwait (PIC) to reduce up to $2 billion in debt in 2013. In addition, Dow is examining other ways to reduce high-cost instruments from its balance sheet.

Taken on the whole, Dow's current and planned actions are expected to deliver more than $100 million in annual interest expense savings once complete, and are expected to bring the Company's net debt to total capital ratio to well below 40 percent.

Today's announcement brings Dow's current debt-reduction activities in the second quarter of 2013 to nearly $1.6 billion, and includes today's notice of redemption, to occur on June 24, of $1.25 billion of the Company's outstanding 5.90% Notes due in 2015, as well as the Company's notice of redemption of certain outstanding InterNotes and the redemption of certain tax exempt bonds -- two actions that were announced earlier this month and are also scheduled to be completed by the end of the second quarter. Additional debt-reduction activities of up to $400 million are planned for the second half of the year.

9:33AM Market View: Opening rel. sector weakness in Retailers (XRT), Energy (XLE), Discretionary (XLY) (TECHX) :  

9:22AM On The Wires (WIRES) :

  • Allscripts (MDRX) announced Brian Farley will join the co as Senior Vice President, General Counsel and Corporate Secretary effective May 28, 2013.
  • Shore Bancshares (SHBI) announced that its subsidiary, The Talbot Bank of Easton, Maryland, entered into a Consent Order with the FDIC and the Commissioner of Financial Regulation of Maryland with certain requirements, including improving credit quality and reviewing and revising certain of the Bank's policies and procedures.

9:01AM DSP Group: Starboard issues open letter to DSP shareholders; urges all shareholders to vote the white proxy card (DSPG) 8.17 : Letter stated "Starboard Value LP, together with its affiliates, currently beneficially owns approximately 10.1% of the outstanding common shares of DSP Group, making us one of the Company's largest shareholders.  We have nominated three highly qualified and independent director candidates -- Michael Bornak, Norman J. Rice, III, and Norman P. Taffe for election to DSP's Board of Directors as Class I directors at the upcoming 2013 Annual Meeting. Our Nominees are running against the Company's Class I director nominees, Eliyahu Ayalon, Zvi Limon, and Reuven Regev.  The Company recently proposed to elect Gabi Seligsohn as a Class II director at the Annual Meeting as well.  We are not nominating any individual to oppose Mr. Seligsohn....We are seeking your support to elect our Nominees because we believe that the Board has failed to represent the best interests of DSP's shareholders.  Our Nominees are highly qualified, capable and ready to serve shareholders and to help make DSP a stronger, more profitable, and ultimately, more valuable company....Just as revealing, Messrs. Traub and Lacey, who are experienced veterans of numerous boards of directors, believed it was necessary for them to resort to the unusual step of refusing to sign the Company's Annual Report on Form 10-K for the year ended December 31, 2012 due to the Company's insistence on including FALSE and misleading statements about Messrs. Traub and Lacey in its disclosure despite their specific objections."

9:01AM Real Goods Solar enters into a definitive agreement to raise ~$9.25 mln (RSOL) 49.34 : Co announces that it has entered into a definitive agreement to raise approximately $9.25 million by issuing 3,366,974 shares of Class A common stock at a per share price of $2.75 and warrants to purchase 1,683,488 shares of Class A common stock, with a term of five years from the closing date and an exercise price of $2.75 per share.

The co expects to receive net proceeds of approximately $8.4 million, after paying placement agent fees and estimated offering expenses. The co expects to close the offering no later than June 5, 2013, subject to customary closing conditions and compliance with notification requirements under the NASDAQ Listing Rules.

8:56AM Crude oil just fell to a new LoD of $93.31/barrel (COMDX) : July crude oil is now -0.8% at $93.51/barrel.

8:47AM European Markets Update: CAC +0.4%, DAX -0.3%, FTSE -0.5% (SUMRX) : Key European indices trade in mixed fashion after seeing early gains across the board. Investors received several economic data points with Germany as the focal point. The second estimate of Germany's GDP confirmed first quarter growth of 0.1% quarter-over-quarter, in line with expectations. In addition, the Ifo Business Climate Index rose to 105.7 from 104.4 (104.5 expected). The current assessment component surprised to the upside with a reading of 110.0 (107.2 forecast) while Business Expectations held steady at 101.6, as expected. Also of note, the GfK Consumer Climate rose to 6.5 from 6.2 (6.2 expected). Elsewhere, French Business Survey rose to 92 from 88 (89 expected). Italian consumer confidence slipped to 85.9 from 86.3 (86.8 forecast). Spanish PPI declined 0.5% (+0.9% consensus). In the United Kingdom, BBA Mortgage Approvals were reported at 32.2K (32.7K expected, 31.4K prior).

In news, European Commissioner Michel Barnier said the European Union plans to publish a report on financial supervision overhaul by the end of the year. Also of note, Bundesbank President Jens Weidmann believes asking the European Central Bank to calm markets creates a weak Europe and that state insolvencies must be possible within the euro area.

  • In France, the CAC is higher by 0.4% as industrials display relative strength. Alstom and Bouygues are both up near 1.5%. On the downside, financials BNP Paribas, Credit Agricole, and Societe Generale trade with losses between 0.8% and 1.6%.
  • Germany's DAX trades lower by 0.3% as financials weigh. Commerzbank and Deutsche Bank trade with respective losses of 4.3% and 3.1%. Siemens is among the outperformers as the major industrial name trades with a gain of 1.6%.
  • In the United Kingdom, the FTSE is off by 0.5% with banks and miners leading to the downside. Royal Bank of Scotland is down 3.1% and Eurasian Natural Resources trades lower by 2.6%.

8:44AM Freddie Mac issues monthly volume summary for April 2013; total mortgage portfolio increased at an annualized rate of 0.6% in April (FMCC) 2.00 : April 2013 Highlights:

  • The total mortgage portfolio increased at an annualized rate of 0.6% in April.
  • Single-family refinance-loan purchase and guarantee volume was $35.8 bln in April, representing 76% of total mortgage portfolio purchases or issuances. Relief refinance mortgages comprised ~ 33% of co's total refinance volume during April 2013 based on unpaid principal balance.
  • Total number of loan modifications were 6,068 in April 2013 and 26,681 for the four months ended April 30, 2013.
  • The aggregate UPB of our mortgage-related investments portfolio decreased by ~ $5.9 bln in April.
  • Freddie Mac mortgage-related securities and other guarantee commitments increased at an annualized rate of 4.1% in April.
  • Co's single-family seriously delinquent rate decreased from 3.03% in March to 2.91% in April. Co's multifamily delinquency rate decreased from 0.16% in March to 0.09% in April.
  • The measure of co's exposure to changes in portfolio market value averaged $355 mln in April. Duration gap averaged -1 month.

8:32AM News Corp Board of Directors approved separation of NWSA into two distinct publicly traded companies, 21st Century Fox and the new News Corporation; Board authorizes a $500 mln stock repurchase program for the new News Corporation (NWSA) 32.87 : Co announced that the separation of NWSA into two distinct publicly traded companies, 21st Century Fox and the new News Corporation, has been formally approved by the Company's Board of Directors. The Company announced appointments to the Boards of Directors of both companies, effective upon the completion of the separation, which is expected to occur on June 28, 2013.

In connection with the separation, the Company's Board has approved the distribution of all shares of the new News Corporation to the Company's stockholders in a ratio of one share of the new News Corporation for every four shares of News Corporation. Furthermore, the Board authorized a $500 million stock repurchase program for the new News Corporation following completion of the separation.

The stock of the new News Corporation, which will be comprised of newspapers, information services and marketing services, digital real estate services, book publishing, digital education and sports programming and pay-TV distribution in Australia, will be distributed to the current stockholders of News Corporation as a stock dividend. For every four shares of News Corporation Class A Common Stock or Class B Common Stock, each stockholder will receive one share of new News Corporation Class A Common Stock or Class B Common Stock, respectively.

News Corporation and the new News Corporation also announced that, in advance of the separation, the Board of Directors of the Company and the current Board of the new News Corporation has each determined to adopt stockholder rights agreements for the Company and for new News Corporation, respectively. The rights agreements would expire one year after the date of this announcement, in the case of the Company, or one year after the date of the separation, in the case of the new News Corporation.

8:31AM Cooper-Standard announces $50 mln securities repurchase program (COSH) 46.72 :  

8:31AM Gold and silver sell off following durable goods orders, silver falls to new LoD (COMDX) : June gold is now -0.4% at $1385.90/oz, July silver is -1.0% at $22.29/oz.

8:30AM Market View: Front-month Jun. E-mini index futures extend run-up off overnight lows, remain below fair values following the 8:30 a.m. ET release of Apr. Durable Goods Orders- ESm3 currently trades 1646.50 -3.50 (TECHX) :  

8:30AM Gramercy Property Trust secures $14.5 mln senior mortgage financing with Northwestern Mutual (GPT) 4.70 : Co announced that it has closed a $14.5 million senior mortgage financing with Northwestern Mutual Real Estate Investments. The 3.28% five-year, fixed-rate loan is secured by the Company's previously acquired 540,000 square foot industrial portfolio located in the Indianapolis metropolitan area.

8:19AM On The Wires (WIRES) :

  • HP (HPQ) announced that Jim Murrin has been elected to serve as treasurer in addition to his current role as senior vice president of Corporate Development and Corporate Financial Analytics, effective July 1.
  • The Royal Netherlands Air Force has contracted Raytheon (RTN) to upgrade four additional Airport Surveillance Radar sites following the successful implementation of the first Wind Farm Mitigation upgrade at RNLAF's Woensdrecht Air Base.
  • YY (YY) announced that it has enhanced the independence of its Board of Directors by appointing two additional independent directors, effective as of May 23, 2013. After the appointment, the co's Board will consist of a majority of independent directors.

8:17AM GreenHunter Energy announces corporate name change to GreenHunter Resources (GRH) 1.08 : Co announced that, effective May 24, 2013, the co has changed its corporate name to GreenHunter Resources. The name change was approved by shareholders of the Company at a special meeting held on May 8, 2013. The Company's stock symbols for both its common stock and its 10% Series C Cumulative Preferred stock shall remain the same under the existing ticker symbols described above. In addition, there is no requirement for any common or preferred shareholder to exchange their certificate(s), as CUSIP number for each security shall remain the same.

8:16AM Tronox reaches settlement agreement on the pending Supreme Court Application by the Mtunzini Conservancy against Tronox KZN Sands (TROX) 22.04 : Co announced is has reached a settlement agreement on the pending Supreme Court Application by the Mtunzini Conservancy against Tronox KZN Sands, regarding the early works program at the Fairbreeze mine project in northern KwaZulu-Natal, South Africa. Under this settlement, the conservancy will not pursue its appeal on a ruling by the Durban High Court that denied an injunction to halt early-phase construction at the mining site. In turn, Tronox will not seek the court costs from the conservancy, as awarded in the High Court decision.

8:16AM Dean Foods now trading at 9.85, following completion of spinoff of WhiteWave Foods (WWAV) (DF) 9.85 : Co completed its previously announced distribution of an aggregate of 47,686,000 shares of Class A common stock and 67,914,000 shares of Class B common stock of The WhiteWave Foods Company (WWAV) as a pro rata dividend on shares of Dean Foods common stock outstanding at the close of business on the record date of May 17, 2013.

8:16AM Sonic Automotive agrees to purchase dealerships; expected to add $200 mln revenue (SAH) 23.09 : Co announced that it has entered into an agreement to purchase two franchises from Murray Motor Imports Co. of Denver, Colorado. The franchises include Murray BMW of Denver and Mercedes-Benz of Denver and are expected to add approximately $200 million in revenue during Sonic Automotive's first year of operation. Sonic Automotive currently operates Mountain States Toyota and Lone Tree Cadillac in Denver bringing its total dealership count in the market to four. This will enable Sonic to further leverage its existing management infrastructure in the region.

8:09AM Abercrombie & Fitch now -12% around 47.70, following disappointing earnings/guidance (ANF) 54.37 : See 7:09 comment for details.

8:02AM Am Superconductor announces that China's Supreme People's Court has scheduled a hearing for May 29, 2013 to review the jurisdiction of AMSC's software copyright infringement cases against Sinovel Wind Group and Guotong Electric (AMSC) 2.68 : During the proceedings, the court is expected to review the jurisdiction of AMSC's civil action filed against Sinovel in the Beijing No. 1 Intermediate People's Court as well as AMSC's civil action filed against Sinovel and Guotong Electric in the Hainan Province No. 1 Intermediate People's Court. These are two of the four legal cases that AMSC brought against Sinovel in late 2011 regarding Sinovel's contractual breaches and AMSC's discovery of intellectual property theft by Sinovel. AMSC is also engaged in a commercial arbitration case and a trade secrets case against Sinovel in China.

8:02AM Washington Banking Board has authorized the repurchase of up to 775,000 shares, approximately 5% of current outstanding (WBCO) 13.63 :   

8:00AM Crosstex Energy LP Begins Open Season for NGL Pipeline System Project (XTEX) 21.52 : Co announced the start of a binding open season for volume commitments for interstate common carrier transportation service on a new natural gas liquids (NGLs) pipeline system (the Crosstex NGL Pipeline) that will transport unfractionated NGLs produced in the Permian Basin, Barnett Shale, Eagle Ford Shale and other areas from the Mont Belvieu, Texas area to NGL fractionation facilities in Acadia and Ascension Parishes, Louisiana for approximately one year and to NGL fractionation facilities in Acadia and Iberville Parishes, Louisiana thereafter. This common carrier pipeline is expected to have a preliminary design capacity to Acadia Parish, Louisiana of approximately 77,000 barrels per day for the first year and is expected to reach up to approximately 132,000 barrels per day thereafter.

7:58AM Quiksilver announces the appointment of Nicholas Drake as Chief Marketing Officer, effective July 1 (ZQK) 7.72 : Drake most recently served as Managing Director of TBWA/Chiat/Day Los Angeles, an integrated advertising agency.

7:26AM Dollar Slides in Early Trade: 10-yr: +04/32..2.006%..USD/JPY: 101.23..EUR/USD: 1.2964 (SUMRX) : The Dollar Index was offered throughout the overnight session with trade hitting a low of 83.45 before seeing a bounce to its current 83.60. The Index is on track for its worst close in just under two weeks, and is testing near-term support in the vicinity. 

  • EURUSD is +30 pips at 1.2960 as trade ticks higher following this morning's better than expected German data. GfK German Consumer Climate (6.5 actual v. 6.2 expected) and the German Ifo Business Climate (105.7 actual v. 104.6 expected) both topped forecasts, and have provided a tailwind for the single currency. However, the pair has slipped off the 1.3000 resistance level as Bundesbank President Jens Weidmann has begun speaking in Paris.
  • GBPUSD is +20 pips at 1.5215 as trade holds just off session highs. Sterling has managed to gain ground during today's trade despite the BBA Mortgage Approvals (32.2K actual v. 32.7K expected) miss. The 1.5100 region continues to provide near-term help while a breakdown sets up a test of the 2013 lows near 1.4900.
  • USDCHF is -70 pips at .9615 as trade pulls back sharply for a second session. Action has fallen more than 200 pips off Wednesday's high, and now appears to be destined for a test of .9500/.9550 support.
  • USDJPY is -55 pips at 101.40 as trade tests the trendline off the April lows. Bank of Japan Governor Kuroda spoke overnight in Tokyo suggesting, the central bank's aggressive policy that was launched in April is "necessary and sufficient" and that "We don't have a specific target for stock prices or currency rates, and I won't comment on daily moves." Near-term support rests in the 100.00 area.
  • AUDUSD is -50 pips at .9685 as trade pushes lower for the thirteenth time in fifteen sessions. However, action has managed to hold the key .9600 support level, which dates back to the fall of 2010. That area will be tracked closely over the coming days as a breakdown would mean another leg lower for the hard currency. USDCNY slipped to 6.1329 amid word the People's Bank of China will push for an exchange rate mechanism later this year.
  • USDCAD is +40 pips at 1.0340 after surviving a test of the 1.0300 area. Action is holding near a one-year high, and a move through the 1.0400 region sets up a potential move towards 1.0900 thanks to the inverse head and shoulders pattern that has been setting up since late 2011. Click here to see a weekly USDCAD chart.

7:12AM Destination XL Group beats by $0.01, misses on revs; guides FY14 EPS in-line, revs in-line (DXLG) : Reports Q1 (Apr) earnings of $0.02 per share, $0.01 better than the Capital IQ Consensus Estimate of $0.01; revenues fell 2.0% year/year to $93.6 mln vs the $99.2 mln consensus. Co issues in-line guidance for FY14, sees loss of $0.00 vs. $0.01 Capital IQ Consensus Estimate; sees FY14 revs of $415-420 mln vs. $418.05 mln Capital IQ Consensus Estimate.

  • On a comparable basis, sales from the retail stores increased 0.8% while the direct business decreased 6.0%. The increase in the retail stores was primarily driven by the DXL stores that had a comparable increase of 17.7%, which represented 22.1% of the Company's comparable retail store sales. Comparable sales for the 23 DXL stores that have been open for more than one year increased 4.7%.
2013 Outlook
  • Gross profit margin is expected to change +/- 20 basis points from fiscal 2012 to a range of 46.3% to 46.7%.
  • SG&A costs are expected to increase by approximately $15.0 to $17.1 million to approximately $171.4 to $173.5 million. SG&A costs are planned to increase primarily related to pre-opening costs, payroll (both store and support) as well as increased marketing costs associated with two major flights of a national media campaign to raise DXL brand awareness with the Company's target market.
  • Operating margin in the range of breakeven to 0.5%. EBITDA (non-GAAP) in the range of $20.0 to $23.0 million.
  • Diluted earnings per share of approximately breakeven. 
  • Negative free cash flow, such that expected borrowings at the end of fiscal 2013 will be $10.0 to $15.0 million with estimated deferred tax assets of approximately $45.3 million which can be utilized to offset future tax liabilities.

7:12AM Sangamo BioSci receives $6.4 mln strategic partnership award from California Institute for Regenerative Medicine to develop ZFP Therapeutic for beta-thalassemia (SGMO) 7.93 : Co announced that the California Institute for Regenerative Medicine (CIRM) has granted the co a $6.4 million Strategic Partnership Award to develop a potentially curative ZFP Therapeutic for beta-thalassemia based on the application of its zinc finger nuclease gene-editing technology in hematopoietic stem cells. The four year grant provides matching funds for preclinical work that will support an Investigational New Drug (IND) application and a Phase 1 clinical trial in transfusion-dependent beta-thalassemia patients.

7:10AM Elan: Royalty Pharma discloses acceptance levels of original offer for Elan (ELN) 12.36 : As at 1:00 p.m. (Irish time) / 8:00 a.m. (New York City time) on 23 May 2013, Royalty Pharma had received valid acceptances of the Offer (which had not been withdrawn) from Elan Stockholders in respect of 67,814 Elan Shares. These acceptances represent, at the applicable time: ~ 0.01% of the Maximum Elan Shares Affected and which may be counted towards the satisfaction of the Acceptance Condition to the Offer; and ~ 0.01% of the issued share capital of Elan. So far as Royalty Pharma is aware, none of these acceptances have been received from persons acting in concert with Royalty Pharma.

7:09AM Abercrombie & Fitch misses by $0.04, misses on revs; guides Q2 EPS in-line; guides FY14 EPS below consensus (ANF) 54.37 : Reports Q1 (Apr) loss of $0.09 per share, $0.04 worse than the Capital IQ Consensus Estimate of ($0.05); revenues fell 8.9% year/year to $838.8 mln vs the $937.92 mln consensus.

  • The first quarter proved to be more difficult than expected on the top-line due to more significant inventory shortage issues than anticipated, added to by external pressures. However, comparable sales trends progressively improved during the quarter and with the inventory headwinds largely behind us, we expect to see continued sequential improvement in the second quarter. We are also making good progress on our cross-functional initiatives, which we expect will generate substantial operating margin improvement on a sustainable, long-term basis."
    • Total U.S. sales, including direct-to-consumer sales, decreased 17% to $534.9 million.
    • Total international sales, including direct-to-consumer sales, increased 10% to $303.9 million.
    • Total Company direct-to-consumer sales, including shipping and handling, decreased 10% to $132.7 million.
    • Total comparable sales for the quarter, including direct-to-consumer sales, decreased 15% with comparable store sales decreasing 17% and comparable direct- to-consumer sales decreasing 6%.
Guidance:
  • Co issues in-line guidance for Q2, sees EPS of $0.28-0.33 vs. $0.30 Capital IQ Consensus Estimate.
  • Co issues downside guidance for FY14, sees EPS of $3.15-3.25 vs. $3.49 Capital IQ Consensus Estimate, based on a modestly more cautious view for the remainder of the year
  • The Company continues to anticipate opening international Abercrombie & Fitch flagship locations in Seoul and Shanghai, as well as approximately 20 international Hollister chain stores throughout the year. In addition, the Company now anticipates opening a small number of international multi-brand outlet stores during the year.
  • The Company continues to expect to close approximately 40-50 stores in the U.S. during 2013, through natural lease expirations.

7:08AM Foot Locker beats by $0.03, reports revs in-line; Q1 comps +5.2% (FL) 35.68 : Reports Q1 (Apr) earnings of $0.91 per share, $0.03 better than the Capital IQ Consensus Estimate of $0.88; revenues rose 3.8% year/year to $1.64 bln vs the $1.64 bln consensus.  

First quarter comparable-store sales increased 5.2 percent. At May 4, 2013, the Company's merchandise inventory was $1,169 mln, 2 percent higher than at the end of the first quarter last year.  During the first quarter, the Company opened 25 new stores, remodeled/relocated 64 stores and closed 39 stores.

As previously announced, the Company did not repurchase any shares during the first quarter because of the ongoing negotiations related to the acquisition of Runners Point Group; however, the Company plans to reinitiate the program in the second quarter.

7:03AM Ntelos Holdings and subsidiary of Dish Network (DISH) have executed a Letter of Intent to pursue a strategic relationship to co-develop a fixed-mobile broadband service (NTLS) : DISH Network (DISH) and NTELOS Holdings Corp. (NTLS) announced today that nTelos and a wholly-owned subsidiary of DISH have executed a Letter of Intent to pursue a strategic relationship to co-develop a fixed-mobile broadband service within nTelos's coverage territory serving Virginia, West Virginia and portions of Maryland, North Carolina, Pennsylvania, Ohio and Kentucky.

7:01AM Covidien Board of Directors approves separation of Pharmaceuticals business and declares dividend of Mallinckrodt ordinary shares (COV) 65.21 : Co announced that its board of directors has approved the separation of the Pharmaceuticals business from the rest of Covidien. The separation will occur by means of the declaration of a dividend in specie of the Pharmaceuticals business, to be effected by the transfer of the Pharmaceuticals business from Covidien to Mallinckrodt and the issuance by Mallinckrodt of ordinary shares directly to Covidien's shareholders. For every eight ordinary shares of Covidien held, Covidien shareholders will receive one ordinary share of Mallinckrodt plc. No fractional shares of Mallinckrodt will be issued. Shareholders will receive cash in lieu of fractional shares. The distribution is expected to occur on June 28, 2013, to Covidien shareholders of record as of the close of business on June 19, 2013.

After the distribution, Mallinckrodt will be an independent publicly traded co and Covidien will retain no ownership interest in Mallinckrodt. Mallinckrodt ordinary shares are expected to begin "regular way" trading on July 1, 2013, on the NYSE under the ticker symbol MNK. Covidien will continue to trade on the NYSE under the ticker symbol COV.

6:54AM Yingli Green Energy to supply 10.269 MW modules for the largest single site PV power plant in Malaysia (YGE) 3.03 : Co announced that its wholly-owned subsidiary, Yingli Green Energy Singapore will supply 10.269 MW of multicrystalline PV modules to Amcorp Power, which is a subsidiary of Amcorp Group Berhad, an investment holding company based in Malaysia. Spanning an area of approximately 34 acres, the Project will utilize around 41,076 pieces of YGE 60 Cell Series multicrystalline module with peak power of 250 watt. It is estimated that the 10.269 MW PV power plant will be able to generate approximately 13.6 million kWh of clean electricity per annum.

6:53AM China Biologic Products comments on proposed Shanghai RAAS transaction; says it 'had no knowledge of the Proposed Shanghai RAAS Transaction prior to the public announcement issued by Shanghai RAAS' (CBPO) 26.50 : Co announced that it has recently learned from a public announcement issued by Shanghai RAAS Blood Products that on May 21, 2013, Ms. Siu Ling Chan, one of the shareholders of the co, and her spouse, Mr. Tung Lam, entered into a stock purchase agreement with Shanghai RAAS. According to the stock purchase agreement, Ms. Chan agreed to sell to Shanghai RAAS an aggregate of 2,657,660 shares of the co's common stock, representing 9.9% of the co's outstanding shares. Shanghai RAAS also stated in its announcement it has an intention to develop strategic business cooperation with the co. China Biologic would like to clarify that the co had no knowledge of the Proposed Shanghai RAAS Transaction prior to the public announcement issued by Shanghai RAAS, nor has the co had any communication or discussion with Shanghai RAAS regarding this transaction. The co considers Shanghai RAAS as one of its direct competitors in China and therefore does not view the Proposed Shanghai RAAS Transaction as a viable transaction. Given the competition between Shanghai RAAS and the co and the differences between the two companies in terms of business strategies and technological capabilities, the co currently has no intention to discuss or explore any business cooperation with Shanghai RAAS.

6:52AM S&P futures vs fair value: -6.00. Nasdaq futures vs fair value: -13.00. :

6:52AM European Markets : FTSE...6655.60...-41.40...-0.60%.  DAX...8292.32...-61.00...-0.70%.

6:52AM Asian Markets : Nikkei...14612.45...+128.50...+0.90%.  Hang Seng...22618.67...-51.00...-0.20%.

6:52AM Hibbett Sporting misses by $0.07, misses on revs; reaffirms FY14 EPS guidance; Fiscal Q1 comps +11.1% (HIBB) 60.38 : Reports Q1 (Apr) earnings of $1.00 per share, $0.07 worse than the Capital IQ Consensus Estimate of $1.07; revenues rose 3.0% year/year to $240 mln vs the $246.39 mln consensus.

Co reaffirms guidance for FY14, sees EPS of $2.85-3.05 vs. $3.02 Capital IQ Consensus Estimate.  

The Company is maintaining its guidance for an increase in comparable store sales (calendar basis) in the low to mid-single digit range. Note that Fiscal 2013 had an ~$0.07 benefit in earnings per diluted share due to the 53rd week. For Fiscal 2014, the Company expects to open 70 to 75 new stores, expand ~18 high performing stores and close 15 to 20 stores.

Comparable store sales increased 0.8% on a calendar basis (comparable 13-week period). First quarter Fiscal 2013 comparable store sales increased 11.1%. Product margin increased 8 basis points as a percentage of net sales, while store occupancy and warehouse expenses increased 18 basis points as a percentage of net sales.

"The colder weather clearly affected the performance of some key spring assortments, especially against last year's strong sales performance."

6:47AM InterOil and Pacific LNG Group entered into exclusive negotiations with ExxonMobil (XOM) on development of the Elk and Antelope resource (IOC) 93.47 : Co and its JV partner, Pacific LNG Group, have entered into exclusive negotiations with ExxonMobil Papua New Guinea Ltd., a subsidiary of ExxonMobil (XOM), on the development of Petroleum Retention License 15 (PRL 15), which comprises the Elk and Antelope fields in the Gulf Province of Papua New Guinea. The transaction has been discussed with the Government of PNG and any future agreement will be subject to their final approval. Items under consideration include:

  • InterOil and Pacific LNG selling ExxonMobil Papua New Guinea Ltd. an interest in PRL 15 that is sufficient to supply gas to develop an additional LNG train at ExxonMobil Papua New Guinea Ltd.'s Konebada site. There will be staged payments before and after production commences.
  • InterOil and Pacific LNG will be funded to drill additional delineation wells in the Elk and Antelope fields, which will be followed by recertification of the resource.
  •  InterOil and Pacific LNG will have the optionality to either independently develop a second LNG project in the Gulf Province that may also use gas from PRL 15 and potentially other discoveries, such as Triceratops, or pursue further development with ExxonMobil Papua New Guinea.

6:33AM On The Wires (WIRES) :

  • Acacia Research (ACTG) announced that its subsidiary, Business Process Modeling Solutions, has entered into a settlement and license agreement with Red Hat (RHT). This agreement resolves patent litigation that was pending in the U.S. District Court for the Northern District of Texas.
  • ACE's (ACE) The ACE Group received provisional approval from Myanmar's Directorate of Investment and Company Administration to establish a representative office in Myanmar.
  • Aegon (AEG) announced the appointment of Aegon Americas COO Brenda Clancy to the new role of Global Chief Technology Officer, effective June 1, 2013.
  • Sinovac Biotech (SVA) announced that Sinovac Beijing, the main operating subsidiary co of Sinovac, obtained the Certificate of Good Manufacturing Practices for Pharmaceutical Products from the China State and Food Administration for its proprietary vaccines, its Haidian district bulk production plants, and its Changping filing and packaging facility. The GMP certificate is valid for five years starting from April 17, 2013.

6:29AM 3SBIO announced earlier shareholders' approval of the amended merger agreement (SSRX) 16.58 : Co announced earlier that, at an extraordinary general meeting, the Company's shareholders voted in favor of the proposal to authorize and approve the previously announced agreement and plan of merger dated February 8, 2013, among Decade Sunshine, an exempted company with limited liability incorporated under the laws of the Cayman Islands, Decade Sunshine Merger Sub, an exempted company with limited liability incorporated under the laws of the Cayman Islands and a direct wholly owned subsidiary of Parent, and the Company, as amended by Amendment No. 1 to the Agreement and Plan of Merger, dated as of April 24, 2013, pursuant to which Merger Sub will be merged with and into the Company, with the Company surviving the merger as a wholly-owned subsidiary of Parent, and to authorize and approve all transactions contemplated by the Amended Merger Agreement, including the Merger.

6:16AM Exeter Resource (thinly traded) announced earlier that initial drilling at Angeles confirmed potential of mineralized structure (XRA) 0.69 : Co announced that the initial results from the first 7 drill holes at the Angeles property in northern Sonora state, Mexico have intersected significant gold, silver, copper, lead and zinc mineralization. Drilling has initially targeted the La Bonanza area. Drilling has tested 100 metres of a possible 3,000 metre strike length of identified surface mineralization at Angeles. All drill holes to date have intersected the Angeles structure, the main target of historical mining. Drill holes AD13-03 and AD13-07 are the deepest down dip intersections below surface (about 160 metres), and exhibit the highest gold, silver and base metal grades encountered to date. Co is currently funding a CAD1.0 million committed exploration program at Angeles, which is largely related to a planned 2,500 metres of drilling at the Bonanza and La Verde target areas, pursuant to an agreement whereby it can earn up to 70% in the Angeles property.

6:11AM Avalon Rare Metals announced earlier that Mr. Brian Chandler, Vice President and Chief Operating Officer will be leaving the co at the end of this month (AVL) 0.97 : Mr. Dave Marsh, Avalon's Senior Vice President, Metallurgy, will assume the responsibilities of Chief Operating Officer on an interim basis. It is anticipated that Mr. Chandler will remain a member of the Company's Technical Advisory Committee, and provide other part-time consulting services to the Company as required.

6:02AM AsiaInfo sells interests in two contractually controlled entities (ASIA) 11.55 : Co announced that it has sold interests in two contractually controlled entities. As previously announced, on May 12, 2013, the co entered into an Agreement and Plan of Merger with Skipper Limited, a Cayman Islands exempted co with limited liability and Skipper Acquisition, a Delaware corporation and a wholly owned subsidiary of Parent, pursuant to which Merger Sub will merge with and into the Company, with the Company continuing as the surviving corporation. In connection with the Merger, certain subsidiaries and employees of the Company entered into a number of agreements with two unaffiliated individuals pursuant to which such individuals purchased the Company's interests in Beijing Zhongxinjia Sci-Tech Development ("ZXJ") and Beijing Star VATS Technologies ("Star VATS"). ZXJ and Star VATS were previously controlled by the Company through a series of contractual arrangements. The transfer of the Company's interests in ZXJ and Star VATS has been completed and the Company no longer has any legal right to control ZXJ and Star VATS. The consideration payable to the Company for its interests in ZXJ and Star VATS is the fair market value of such interests as determined on the basis of an appraisal undertaken by an independent asset appraisal firm.

1:46AM Infinera prices 135 mln of its its 1.75% convertible senior notes due 2018 (INFN) 9.15 :  

1:42AM Agnico-Eagle Mines announces investment in Probe Mines (AEM) 29.32 : Co announces that it has entered into an agreement with Cormark Securities and Probe Mines pursuant to which Agnico has agreed to purchase 7,500,000 units of Probe from Cormark at a price of $1.50 per Unit for total consideration of $11,250,000. Each Unit is comprised of one common share of Probe and three-quarters of one common share purchase warrant of Probe. Each Warrant entitles the holder to acquire one Common Share at a price of $2.10 for a period of two years from the closing date. Closing of the transaction is expected to occur on or about May 28, 2013.

1:34AM Clearwire: Crest supplements its proxy statement opposing revised terms for Sprint-Clearwire merger (CLWR) 3.42 : Crest Financial Limited, the largest independent minority shareholder of Clearwire with approximately 8.25% of the Class A common stock of Clearwire, filed a supplement to its definitive proxy statement with the SEC. Crest continues to urge Clearwire stockholders to reject the proposed merger with Sprint Nextel. Crest reiterated that it opposes the Sprint-Clearwire merger because it believes that Clearwire would be better off if it remained a stand-alone company. Sprint's new offer of $3.40 in cash per share still significantly undervalues Clearwire -- based on several measures -- and was devised by Sprint in a way that unfairly disadvantages minority stockholders, Crest said. The proxy supplement also notes that Crest has been joined in its opposition to the merger by a group of other large minority Clearwire stockholders led by Mount Kellett Capital Management who hold ~18.2% of the Class A common stock of Clearwire.

1:32AM Venaxis prices 10 mln shares and related warrants to purchase 3.5 mln shares (at 1.36) at a combined offering price of $1.25 per share (APPY) 1.36 :  

1:27AM Murphy Oil announces second $250 mln accelerated share repurchase transaction and completion of previous accelerated share repurchase transaction (MUR) 61.99 : Co announces it has entered into a variable term, capped accelerated share repurchase transaction with Merrill Lynch to repurchase an aggregate of $250 million of the Company's common stock. The ASR is the second part of the board authorized program to repurchase up to $1 bln of the Company's stock announced on October 16, 2012. An earlier $250 mln accelerated share repurchase transaction, announced December 10, 2012, has been completed today with an additional 196,711 shares of the co's common stock being delivered to the co.

12:05AM Nikkei & S&P Futures Update : Japan's Nikkei Average just moved aggressively lower; Now through last night's 'Crash' lows... Currently trading at 14620, and just dropped nearly 400 points in about 5 minutes, but stabilizing a bit now.

S&P Futures are exactly Flat after hours, trading now at 1650.