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Old Tricks For New Lead

Published 06/19/2012, 06:14 AM
Updated 07/09/2023, 06:31 AM

Investing in a company that is managed by the person who controls it is a bit of a mixed bag for investors. It's great when management has skin in the game, but not-so-great when management abuses its control at the expense of minority shareholders. Consider what happened in the case of NewLead Holdings (NASDAQ:NEWL), where management not only controls the equity, but also has a significant stake (in fact, larger than its equity stake) in the company's debt.

CEO Michael Zolotas not only effectively controlled NewLead's equity, but also a large portion of its debt. This is a clear conflict of interest, and here's why: Zolotas just converted his debt to equity, issuing himself shares at a 40% discount to the market price of the equity. This caught the market off-guard last Monday, causing several circuit breakers to trip as the stock fell by 60% at one point during the day.

The company is bleeding red ink and has defaulted on some payments already, so such a conversion may have been necessary anyway. But the key issue here is that any negotiation between equity and debt holders is tainted by this conflict, which may have resulted in a conversion price that ripped off minority equity holders.

Be sure you know what you're getting into when you buy into a company that is controlled by one person or group!

Disclosure: No position.

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