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Joined Feb 3, 2009
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M. Whitney Tells It Like It Is

Whitney is calling for a bad ’09 for banks

A surge in borrower defaults and unemployment pressures will make 2009 an even uglier year for banks than last year, analyst Meredith Whitney said.

She predicted “breakups and M&As on a grand scale” as the industry seeks to remake itself in the face of all its capital pressures.

“I don’t think this year is going to look any better than last year,” Whitney said in an interview Tuesday on CNBC. “In fact it will look worse because there’s so much credit coming out of the system.”

Whitney, a former analyst at Oppenheimer who recently opened her own firm, is renowned for calling out the problems with banks’ toxic assets before the issue became widespread.

As some have been predicting the worst may be over for the banking sector, Whitney countered that many of the statements about some of the big banks showing profits ignore the burden that additional writedowns will pose through the year. In particular, she said Citigroup’s statement that it had turned a profit the first two months of 2009 might came back to haunt it once a fuller picture was presented.

Consumers also will face pressure as unemployment grows and banks and credit card companies start calling in credit lines to avoid getting stuck with even more bad debt.

“The probability of more people going into default is higher, so the banks are going to have a tough time,” she said.

As a solution to some of the banking system’s woes, Whitney said the government should focus less on ever-changing rescue plans and instead start helping smaller institutions ramp up their community lending to local businesses and homeowners.

“You can re-energize the local lending scene and then supercharge those banks,” she said. “You supercharge those so they’re able to gain critical mass and start getting loans on a super-regional basis to businesses, to homeowners that qualify. At least that mitigates some of the capital that’s surely going to come out of the market.”

The financial sector has been under pressure since the onset of the credit crisis last fall. But recently major banks like Citigroup [C 2.4401 0.1101 (+4.73%) ], JPMorgan Chase [JPM 23.70 0.61 (+2.64%) ] and Bank of America [BAC 5.9899 -0.1901 (-3.08%) ], have said early results are showing signs of hope.

Whitney predicted that some of the largest institutions will be remade this year in a way not seen before. Those mergers and acquisitions will see companies come together to create unique syynergies–she used a blending of Citi and American Express [AXP 12.35 -0.31 (-2.45%) ] as a hypothetical case where one business’ strength could compensate for another’s weakness.

Meredith Whitney

“You’re going to have some growth vehicles that come out of it but they’re not going to look anything like today’s version of these gobbledygook banks,” she said.

In addition to the natural activity that will take place, Whitney said banks also will need help from Washginton. She urged policy makers above all to be consistent.

“Any game that you want to plan as a corporation, the rules are changing all the time,” she said. “You can’t function as a business operator if the rules are changing.”

Displaying leadership and managing expectations will be the key.

“They need to show leadership by saying, ‘OK, what’s the world going to look like in five years?’ and look backwards from that,” Whitney said. “In five years you know that the big banks are going to have a lot less control and power than they have now. We have to disaggregate, dislodge that market share dominated by five main players.”

“Let’s invigorate and supercharge some of the smaller players to get them to a medium-enough size so they can start making loans and they can start moving the needle.”

And she called on government leaders to harness the American spirit to rebuild the economy, similar to the way so many people come together to wear the color of the Irish on St. Patrick’s Day.

“There’s a spirit that can’t be dislodge by the economic turmoil,” she said. “Now is a great opportunity to capture that spirit as opposed to set expectations too high which is what (Treasury Secretary Timothy) Geithner did with the original plan and then just disappoint. People will give you the benefit of the doubt until you keep disappointing them.”

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INTC Says Put Up Your Dukes AMD

INTC is Angry

Intel Corp. said Advanced Micro Devices Inc.’s deal to spin off its manufacturing operations breaches a patent-licensing pact between the companies, and threatened to cut off AMD’s rights to use the patents in 60 days.

AMD recently spun off the operations — which include factories in Dresden, Germany, that continue to manufacture chips for AMD — to a new company that is largely funded by investors from Abu Dhabi.

AMD retains an ownership interest in the venture, which is called Globalfoundries.

The dispute hinges on whether the venture can be considered an AMD subsidiary, as defined by a 2001 agreement between the rivals to share intellectual property.

Intel argues Globalfoundries isn’t an AMD subsidiary, and therefore the venture doesn’t have rights to use its patents to make chips.

Harry Wolin, AMD’s general counsel, said the Globalfoundries deal meets the requirements of a subsidiary as laid out in the agreement with Intel: The parent company must contribute at least 50% of any spinoff’s assets, retain at least 50% voting control and at least 30% interest in any profits or losses.

Intel’s “legal arguments are incredibly weak, at best,” Mr. Wolin said.

Bruce Sewell, Intel’s general counsel, argued that AMD violates all three parts of the definition.

For example, while AMD counts the assets it is contributing to the venture, he said, it fails to consider AMD debts that Globalfoundries is assuming that reduces AMD’s net contribution to the venture.

Intel also contends that the deal violates a confidential portion of the agreement that Mr. Sewell said prohibits AMD from setting up any corporate structure that has the goal of extending patent rights to a third party.

“It’s clear to us that AMD has gone down this path precisely in order to get around the requirement,” Mr. Sewell said.

Mr. Sewell said Intel remains open to negotiating a patent-license arrangement with Globalfoundries.

Without one, he said, Intel faces the possibility that the new venture could use its patents in making chips for other companies besides AMD.

Intel has raised legal questions about the spinoff plan since AMD announced it in October.

Lawyers from the two companies met last week to discuss the issues, Mr. Sewell said, and Intel followed up with a letter to AMD that accuses AMD of committing a material breach of the license.

Under terms of the license agreement, the companies are expected to begin a mediation process.

But Intel said it is invoking its right to terminate AMD’s license to Intel patents in 60 days unless AMD corrects the alleged breach of the agreement. AMD, in turn, said Intel’s actions to terminate its rights also entitle AMD to terminate Intel’s rights to AMD’s patents.

The dispute is the latest in a series of legal battles between the companies, including a private antitrust suit that AMD filed against Intel in June 2005.

A spokesman for Globalfoundries characterized Intel’s latest action as a “diversionary tactic” to distract from global antitrust scrutiny that Intel faces.

“We remain on track to manufacture products for AMD and other future customers,” he said.

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5 Banks Were Not Enough For PFE’s Aquisition of Wyeth

PFE issues notes for $13.5 billion

March 17 (Bloomberg) — Pfizer Inc., the world’s biggest drugmaker, is planning a five-part, $13.5 billion sale of notes to help finance its purchase of Wyeth in the biggest non- financial offering since Roche Holding AG’s sale in February.

Bankers for New York-based Pfizer are marketing the bonds at yields of 1.95 percentage points to 3.45 percentage points more than benchmarks, according to a person familiar with the offering who declined to be identified because terms aren’t set. Roche paid yields of 2 percentage points to 3.65 percentage points last month for debentures of similar maturity.

Pharmaceutical companies are tapping the debt markets to finance mergers and acquisitions, taking advantage of investor appetite for alternatives to bonds from financial companies. Drugmakers have offered about $40.5 billion of bonds this year, compared with $13 billion in all of 2008, according to data compiled by Bloomberg.

“The market still has faith in the pharmaceutical sector as a whole,” said Guy Lebas, chief economist at Janney Montgomery Scott LLC in Philadelphia. “The opportunities tend to be in the lower risk U.S.-dollar type issuers, and Pfizer of course fits the bill pretty well.”

Roche on Feb. 18 sold $16 billion of bonds to finance its takeover of Genentech Inc. in the second-largest corporate bond offering in a single day, according to data compiled by Bloomberg.

France Telecom

France Telecom SA raised $16.4 billion in March 2001 in the largest corporate bond offering without a government guarantee, Bloomberg data show. The sale consisted of bonds denominated in dollars, euros and pounds.

Pfizer’s $1.25 billion of two-year, floating-rate notes may pay 195 basis points more than the three-month London interbank offered rate, the person said. Libor, a borrowing benchmark, is currently 1.3 percent.

The $3.5 billion of three-year notes may price to yield 305 basis points more than similar-maturity U.S. Treasuries; $3 billion of six-year notes may pay a 340 basis-point spread; $3.25 billion of 10-year notes may pay 325 basis points; and $2.5 billion of 30-year bonds may pay 345 basis points, the person said. A basis point is 0.01 percentage point.

Goldman Sachs Group Inc., JPMorgan Chase & Co., Bank of America Merrill Lynch, Citigroup Inc. and Barclays Plc are managing the sale, the person said.

AAA Rating

Standard & Poor’s ranked the proposed Pfizer securities AAA, according to a statement released yesterday by the New York-based ratings company. The ranking will likely be lowered to AA, two levels lower, after the acquisition of Wyeth, S&P said.

“The additional borrowings needed to fund the acquisition weaken credit measures from the essentially unleveraged position of the past few years,” S&P analyst David Lugg in New York said in the statement.

While adding Madison, New Jersey-based Wyeth’s products to Pfizer’s portfolio “would improve the company’s overall diversification,” it “would only modestly reduce the proportion of revenues exposed to generic competition through 2011,” S&P said.

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Jim Rogers Is Stern About U.S. Bailouts Leading to a Global Depression

Jim: enjoy some green beer

March 17 (Bloomberg) — The U.S. risks sending the world into a depression as its bailouts of failed companies rob healthy businesses of capital, investor Jim Rogers said.

“The U.S. is taking assets from competent people and giving them to incompetent people,” said Rogers, chairman of Singapore-based Rogers Holdings and the author of books including “Investment Biker” and “Adventure Capitalist.” “That’s bad economics.”

The U.S. government should let American International Group Inc., whose fourth-quarter loss was the worst in corporate history, go bankrupt, Rogers added in a Bloomberg Television interview today. Congress approved a $700 billion bank bailout package in October, and President Barack Obama’s administration has suggested it may need an additional $750 billion.

The U.S. is repeating the mistakes made by Japan in the 1990s and risks creating “zombie banks” by rescuing failed financial services companies that should have been allowed to go under, Rogers said.

New York-based AIG has received $173 billion in government aid, and had earmarked $1 billion in retention pay for about 4,600 of the company’s 116,000 employees so they won’t leave.

The Treasury this week intends to provide more information about a $1 trillion plan to remove distressed mortgage assets from banks’ balance sheets. The Federal Reserve is also scheduled this week to start the first phase of a $1 trillion program to revive the market for securities backed by consumer and business loans.

Oil Prices

Oil prices may rise to record levels in the future because of depleting reserves and a lack of major field discoveries, Rogers said. Crude oil in New York hit a record $147.27 a barrel in July and traded at $46.98 at 12:13 p.m. Singapore time.

“Reserves of oil are going down all over the world,” Rogers said. “The price of oil has to go much, much higher. I don’t know if the oil price will go up to record level in three years or five years. I don’t know when but I know it is.”

People should be prepared for inflation as governments worldwide are printing money to prop up economies at a time when commodities supply is under pressure, Rogers said.

“We’re going to have serious, serious inflation down the road,” said Rogers, who owns gold and silver. “I wish I knew when.”

Calls to return to the gold standard, when currencies were backed by bullion owned by governments, are flawed because it is “not going to solve our problems,” he also said.

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Building Permits: Prior 531k / MKT Expects 500k / Actual +3% or 547k … Housing Starts: Prior 466k / MKT Expects 450k / Actual +22% or 583k … PPI : Prior 0.4% / MKT Expects 0.1% / Actual +.01% … + MKT Movers

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