es wurde m.W. bisher keine Änderung bei Icahn oder Buffet bekannt gegeben.
- Buffet ist Gläubiger mit guter Besicherung.
- Icahn hat eigene Direktoren im Board.
Somit steht eine Veräußerung wohl kaum auf der Agenda. Ob Nachkäufe getätigt wurden, muss sicherlich zu gegebener Zeit bekannt gegeben werden.
Aus dem Icahn 13D SEC Filing noch vor dem Frieden mit dem Management:
The Reporting Persons acquired their positions in the Shares in the belief that the Shares were undervalued. The Reporting Persons believe the Issuer’s merger with Anadarko Petroleum was a terrible transaction and the Issuer’s CEO and Board of Directors must be held accountable for the historic loss in stockholder value that has seen the Issuer’s share price plummet from almost $70 to $12 in less than a year and which has resulted in the destruction of over $47 billion in stockholder value, which is a decrease of an amazing 83%. It is one of the worst disasters in financial history and we believe the CEO and Board must be held accountable, and the Board must be replaced.
In the near term, critical decisions must be made to ensure OXY’s long-term viability, but most importantly, OXY needs a Board that prioritizes stockholder value ahead of their own personal interests. Although Chairman Batchelder is leaving the Board and is not standing for reelection, he alone is not responsible for losing over $47 billion in stockholder value. The whole Board is responsible for allowing this unconscionable deal and we believe the Board cynically gambled stockholder value to prevent stockholders from seeing a possible bid from a well-capitalized, interested acquiror.
In the near- to medium-term, we believe WTI will meaningfully recover, and because of the industry consolidation we believe will occur, we expect strong bids to emerge for OXY. At that time, we will need a Board that will encourage, not discourage, potential bids, and who will allow shareholders to decide whether or not to accept them.
The Issuer’s CEO and Board unanimously voted to roll the dice and bet the Company by risking stockholder money on a disastrous acquisition. They lost the bet. They have egregiously failed OXY stockholders and should be removed. In other cultures, they would have the dignity to resign, or worse; in the army they would be court-martialed; but here, they will probably award bonuses to themselves because the value of their stock grants collapsed. If we allow them to remain, then corporate democracy is a complete travesty.
The Reporting Persons intend to seek Board representation to represent all stockholders and have notified the Issuer of their intent to nominate directors at the Issuer’s 2020 Annual Meeting of Stockholders. We also intend to present stockholder proposals to amend the Issuer’s Certificate and Bylaws to improve OXY’s restrictive corporate governance that currently serves the incumbent Board of Directors to the detriment of fundamental stockholder rights. In connection with the foregoing, the Reporting Persons have spoken to, and intend to speak with, representatives of the Issuer's Board and management, as well as to other stockholders.
The Reporting Persons are considering all their options and, while they have no present plan to do so (except as otherwise disclosed in this Item 4), they reserve the right and are considering whether to propose other transactions which relate to or would result in one or more of the actions specified in clauses (a) through (j) of Item 4 of Schedule 13D.
The Reporting Persons may, from time to time and at any time: (i) acquire additional Shares and/or other equity, debt, notes, instruments or other securities of the Issuer and/or its affiliates (collectively, "Securities") in the open market or otherwise; (ii) dispose of any or all of their Securities in the open market or otherwise; or (iii) engage in any hedging or similar transactions with respect to the Securities.
|