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Icahn's open letter to Apple stockholders includes the withdrawal of his share buyback proposal

Posted: , by Alan F.

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Icahn's open letter to Apple stockholders includes the withdrawal of his share buyback proposal
Just a bit more than two weeks before Apple stockholders were set to vote on his proposal, Carl Icahn has given up. The investor, who currently owns more than $4 billion of Apple's shares, was asking holders to vote on a non-binding proposal that Apple buy back $50 billion in stock. Icahn revealed the turnaround in an open letter to Apple stockholders.

In his letter, the investor quoted proxy advisory firm ISS, and stated that with Apple on a pace to buy back $32 billion in shares this year, there was only a small $18 billion difference between both sides. Apple CEO Tim Cook recently revealed that Apple took advantage of a decline in the company's stock to buy $14 billion of shares over the last two weeks. During the last year, Apple has purchased $40 billion in stock, a record for any company. The decline in the stock came after Apple's last earnings report revealed that fewer iPhones were sold than expected by Wall Street.

Icahn is not known for staying in an investment for too long. Apple might be an exception. At the end of the open letter, the investor said, "[I]n light of Tim Cook’s confirmed plan to launch new products in new categories this year (in addition to an exciting product roadmap with respect to new products in existing categories), we are extremely excited about Apple’s future."

Proxy advisory firms like ISS had recommended that Apple stockholders vote against Icahn's proposal, while Apple stockholders like Calpers (California Public Employees’ Retirement System) also objected to it. For an investor like Icahn to back off a proposal without a guarantee of a profit, he truly must be optimistic about Apple's future. Either that, or he is trying to project to other investors a confidence in the company so that the shares will rise, giving Icahn an exit strategy.

CARL C. ICAHN

767 Fifth Avenue, 47th Floor

New York, New York 10153



February 10, 2014

Dear Fellow Apple Shareholders,

While we are disappointed that last night ISS recommended against our proposal, we do not altogether disagree with their assessment and recommendation in light of recent actions taken by the company to aggressively repurchase shares in the market.

In their recommendation, ISS points out, and we agree, that “on the spectrum of options for allocating capital, the board appears to have been sluggish only in returning excess cash to shareholders,” and even though the company has in place “one of the largest buybacks in history” we agree with ISS that this effort seems “like bailing with a leaky bucket” when “given the scale of the company’s cash reserves.”

That being said, we also agree with ISS’s observation, taking into account that the company recently repurchased in “two weeks alone” $14 billion worth in shares, that “for fiscal 2014, it appears on track to repurchase at least $32 billion in shares.” Our proposal, as ISS points out, “thus effectively only asks the board to spend another $18 billion on repurchases in the current year.”

As Tim Cook describes them, these recent actions taken by the company to repurchase shares have been both “opportunistic” and “aggressive” and we are supportive. In light of these actions, and ISS’s recommendation, we see no reason to persist with our non-binding proposal, especially when the company is already so close to fulfilling our requested repurchase target.

Furthermore, in light of Tim Cook’s confirmed plan to launch new products in new categories this year (in addition to an exciting product roadmap with respect to new products in existing categories), we are extremely excited about Apple’s future. Additionally, we are pleased that Tim and the board have exhibited the “opportunistic” and “aggressive” approach to share repurchases that we hoped to instill with our proposal. It is our expectation that Tim and the board continue to exhibit this behavior as fiduciaries to the shareholders since they clearly seem to agree that our company continues to be extremely undervalued, and we all share a common optimism with respect to the company’s bright long term future.

Sincerely yours,

Carl C. Icahn

source: NYTimes

6 Comments
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posted on 11 Feb 2014, 00:03 3

1. PapaSmurf (Posts: 7276; Member since: 14 May 2012)


I don't like this guy.

posted on 11 Feb 2014, 02:58

4. Topcat488 (Posts: 1106; Member since: 29 Sep 2012)


The note is full of the same hot air as another smooth talker i know who said.

************************************YES WE iCAHN***************************************

posted on 11 Feb 2014, 04:19 1

5. Finalflash (Posts: 1412; Member since: 23 Jul 2013)


He's an idiot, but even he gets that this stock won't rise that much more if they buy back 100 billion worth. They just bought back about 14 billion in a week and it barely went up a couple dollars, if you do that 2x that will be about $50 which means at max he will make about 10% if he bought it what it is at right now (which he didn't). So now he gets that he is stuck in this for the long term.

posted on 11 Feb 2014, 00:17

2. Sauce (unregistered)


He is one annoying potatoe.

posted on 11 Feb 2014, 01:16

3. androiphone20 (Posts: 1391; Member since: 10 Jul 2013)


hehe, high fives all around!

posted on 11 Feb 2014, 20:39

6. roscuthiii (Posts: 1785; Member since: 18 Jul 2010)


Good. Apple realized Icahn's proposal was more in his favor than theirs. Not that it would have been detrimental, just that he was attempting to play them like a puppeteer would one of his puppets.
Hell, even if this move were more beneficial to Apple than Carl, they may have balked at it just to show him they're no one's puppet. I know I would.

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