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Merger arbitrage is getting scary

When a new investor first studies merger arbitrage, the concept seems incredible -- the ability to make almost guaranteed profits, especially because it seems that deals are pulled or rejected ever so rarely. But as this new investor begins following the market more, he quickly learns that deals are in fact pulled. Recently, we saw the firms interested in purchasing SLM Corp. (Sallie Mae) (NYSE: SLM) pull their deal. As you can see from the chart on the right, this killed the arbs involved in the deal.

I don't think this is going to be the last time that a potential private equity deal is pulled, much to the disappointment of arbs. As I've been covering on BloggingBuyouts, I think the credit situation in the United States is quickly turning sour. Many professionals in the fixed income space who I talk to constantly talk about not being paid enough interest to justify the risks that they are taking. As a result, I believe private equity firms are going to have much more trouble in borrowing the money they need to continue their leveraged buyouts. I think arbs are going to face more pain in the future.

The only kind of arbitrage that I'd play is what I call "activist arbitrage." This is when an activist believes a buyout price is too low and has stated he is going to vote against the deal. A good example of this is the current situation in Inter-Tel Inc. (NASDAQ: INTL). Currently, the stock is trading for $24.46, while there is a buyout proposal for $25.60 on the table. Activist investor Steven Mihaylo is against the buyout and believes the company is worth significantly more (approximately $28 per share), if it would just perform a recapitalization. Because the company is being adamant about the recap, Mihaylo is now making demands. It is not only Mihaylo who is against this deal; in fact Millennium Management has also come out against the deal and in favor of Mihaylo's recap plan.

I like the situation because worst case, if the deal goes through, investors still profit more than $1 per share. If the deal falls through and the recap is approved, investors stand to make almost $4 per share.

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