It surely acts as an impedes for BDX to prioritize settling the litigation. Ironically, the injunction has the greatest significance to RVP shareholders since it will make BDX think twice about filing an appeal and delaying the final disposition. They must make this litigation disappear ASAP and will end up costing BDX for expediency and damage control.
For the 4th time, I will repeat the fact that Judge Davis has NEVER been reversed by the 5th circuit.
They spent years and $100s of millions on research and the company is now not worth 1 cent a share. Non business professionals should not be running publicly traded biotech companies.
Quite candidly, I would not own this stock other then the fact that they took BDX to the cleaners. If not for the verdict, the company's ownership structure and executive (i.e. Shaw) compensation would be a complete turn-off. Shaw's track record for generating profits and/or shareholder value has been terrible. His specialty is suing (and beating) BDX.
I will have to recalculate Shaw's stock holdings. Shaw still has a duty to the shareholders despite what appears to be an obvious hatred of BDX. The Board of Directors would be sued if they fail to vote in favor of a BDX takeover at the "right" price.
Where did you come up with 50%? Fully dilluted, the filings show that he controls less then 40%.
By the way, I noticed that this is your first post. With all due respect, I am always suspicious of a posting by someone who posts "out of the blue".
The case would be marked "settled" and the injunction rendered "moot" and thus terminated, as a matter of law.
BD has to settle before the final judgment is entered. The clock is ticking.
A technical analysis may not be applicable to a thinly traded stock with a such a low float. It held $16 today on very good volume - a very impressive showing.
I just checked Texas District Court case law on the assessment of post judgment interest. It appears to be based on Treasury Bills so the rates are nominal. I was initially under the impression that Texas law would govern which would provide for a 5% assessment.
Regardless, we are looking at a $360mm+ judgment and injunctive relief. This equates to about $12/share fully diluted. After taxes and payment of another $15mm in attorneys fees, the net to shareholders should be a minimum of $8/share based just on the judgment. Based on my assessment that BD will lose an appeal, the present value of the verdict should be in excess of $4/share; i.e; a generous 50% risk discount.
The intrinsic value of the company adds another $3+/share based on $1+ for the intellectual property, intangibles & technology, $1 for the real property and equipment and $1 for the cash in hand and a/r. That makes the company's present value approximately $7. This assessment does not take in consideration the tax loss carry forwards which could provide substantial benefit to a acquirer who is profitable.
I thought that the result was excellent. The Judge put more pressure on BD to settle. I would love to see a takeover at $8/share, which I believe is a very fair result for all concerned.
If I did not own so much stock I would be a buyer at the sub- $4 level. The final judgment will accrue interest which will be worth another .50 cents a share a year. That equates to a 12%+ return.
I have not sold a share. I will take my chances on the 5th Circuit affirming Judge Davis- the odds are with us.
I previously posted the following statistics on 10/1 as to Judge Davis' record relative to appellate review of his decisions:
1. Affirmed 81% of the time
2. Affirmed in part 19% of the time
3. He has NEVER been reversed
I have waited a year since the verdict and the stock is up about 40%. I can wait another year for the stock to move up another 200%.
"Tepid reaction"? The stock held a 10% gain, hit a new 8 year high and Swenson was not the buyer of any stock. We already know that "backlog" is a fairly meaningless term. Prior management generated plenty of no profit sales. I am far less concerned about the backlog then the focus on generating a profitable business.
I see the business plan very clearly. They now have an extremely competent management team who can grow the equipment business and gain market share while increasing profitability. The service side will continue to gain critical mass and the FedEx business will provide steady cash flow.
You are correct in one respect- without Swenson this company would be meandering without any vision for the future. He is building a viable business and when the stock hits $20+ you will realize that his stock purchases were extremely prudent.
I just noticed that this was your first post as you just joined Yahoo today under this name. Regardless of future earnings, Swenson surely deserves unequivocal credit for a great quarter. The stock hitting $15 is quite an accomplishment.
Swenson has made a number of substantive improvements after Clark was ousted. The deicer business took a big leap forward when the head of this group was elevated to president. The company began focusing on bidding on contracts with the goal of making money rather then just generating nominal profits (i.e. the tow motor contract). The FBO service side continues to grow, as evidenced by the number of available jobs still being posted on the company's website. In addition, Swenson has cut costs to the bare bones. I believe that the Beech King Air is gone, decreasing fixed expenses and adding cash to the coffers.
The jury is out as to the benefit of the ISIG investment, but it was evident that Clark was unwilling to consider leveraging the company's cash and making any investment that had a the ability of creating a reasonable return.
I am still one of the biggest shareholders ( I believe #3) and will continue to keep a long term perspective. It takes time to implement change and I feel that Swenson has taken very positive steps with the goal of growing AIRT and thus creating sustained shareholder value.
Then all I can say is "Nick, keep on buying". I have met Swenson and he is no fool. There has to be a method to his madness. Either way, the stock is continuing to rise and that is good for shareholders.