TAM Capital Management Responds to Loews’s Failure to Address Complaints of Unfair Dealing with Boardwalk LP Minority Unith...
May 11 2018 - 8:39AM
Business Wire
TAM Capital Management, one of the largest minority shareholders
in Boardwalk Pipeline Partners, LP (NYSE: BWP) released the
following open letter to the Boards of Directors of Loews
Corporation (NYSE: L)
May 11, 2018Board of DirectorsLoews Corporation
Dear Members of the Board of Directors:
I write once more to address Loews’s continued efforts to
stonewall Boardwalk’s minority unitholders.
Yesterday, Loews responded to my May 8 letter by complaining
that it was “unfair” to criticize it for causing a 16% drop in
Boardwalk’s unit price, and claiming that the federal securities
laws “oblig[ed]” it to disclose that it was “seriously considering”
exercising a call to buy Boardwalk’s minority units. But Loews
offered no explanation why it waited 6 weeks after the FERC
announcement to make this “oblig[ed]” disclosure—particularly, when
Boardwalk assured investors that FERC’s policy revisions would not
materially impact revenues just 4 days after the guidance was
issued. And more importantly, Loews has still utterly failed to
address the consequences of its actions. By artificially depressing
Boardwalk’s unit price, Loews is improperly threatening to deprive
unitholders of the unaffected price that the MLP agreement entitles
them to receive if the call is exercised. Loews’s silence on this
point is deafening.
In truth, the only thing that is “unfair” in this situation is
Loews’s continued mistreatment of Boardwalk’s minority unitholders.
In the last few days, I have received an outpouring of support and
concern from large and small unitholders alike. Among those who
contacted me is an individual who has been living in fear that
Loews’s actions will deplete his retirement savings. There is no
justification for mistreating minority unitholders this way. If
Loews needs time to evaluate its options, it should offer
assurances to minority unitholders that each passing day will not
be used to deprive them of their savings. Within the next week,
Loews should publicly announce that, if it decides to exercise the
call option, it will pay minority unitholders at least $13.15 based
on the unaffected historical Boardwalk trading price as of April
30, 2018—the day that Loews began affecting the market. It should
further commit that if it decides not to exercise the option, it
will refrain from doing so in the future or convert the partnership
into a C-Corporation to remove the overhang that it has created in
the units.
To be clear, I am not asking Loews to forego exercising its
option if it believes it is permissible to do so—even though it
would be buying Boardwalk at a historically low price. I am only
asking Loews to publicly commit not to profit on the back of
minority unitholders from a decrease in Boardwalk’s stock price
that Loews itself is responsible for creating.
Sincerely,
Tsachy MishalPresidentTAM Capital Management
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TAM Capital ManagementTsachy Mishaltm@tamcm.com
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