The Blackstone Group L.P. (NYSE: BX) has just announced that Laurence Tosi will become the new Chief Financial Officer for the private equity giant. He comes to the company from Merrill Lynch & Co. (NYSE: MER) where he served as Chief Operating Officer for the Global Markets and Investment Banking Group. He will also serve on the executive committee and is expected to take up this position "after the summer."
Blackstone also noted that Michael Puglisi, the current CFO, will remain on board as a senior managing director and will remain a member of senior management while he will take leadership of other firm matters and special projects for Stephen Schwarzman.
Cumulus Media Inc. (NASDAQ: CMLS) has announced that the management-led investor group has terminated the planned merger agreement. While there was a glimmer of hope that this was going to be rekindled, the deal spread on this was so wide that a fleet of trucks could have driven between it.
Cumulus has agreed with the investor group led by Lew Dickey, its Chairman, President and CEO, and an affiliate of Merrill Lynch's (NYSE: MER) Global Private Equity, to terminate the merger agreement which first came on July 23, 2007. The members of the investor group informed Cumulus that after exploring possible alternatives they were unable to agree on terms on which they could proceed with the buyout.
As a result of the termination of the merger agreement, the investor group has agreed to promptly pay Cumulus a merger termination fee of $15 million. In addition, the terms of the previously announced amendment to Cumulus' existing credit agreement will not take effect. Cumulus had a market cap of $253.6 million based upon a $5.81 close on Friday.
The company has also announced that its board of directors intends to explore the possible implementation of a new stock repurchase plan in the near-term in order to provide liquidity opportunities to stockholders.
A report inthe Financial Times says that Merrill Lynch & Co. Inc. (NYSE: MER) is holding talks with TPG about forming closer ties. This may include the possibility of the private equity firm investing in Merrill Lynch if the investment bank needs more capital. John Thain met with key executives from TPG according to the report.
The companies have apparently been in discussions since last fall. One affiliate had offered to put in as much as $3 billion into Merrill Lynch. Merrill Lynch raised some $12+ billion in funds elsewhere for different terms.
What is interesting here is that the article notes that TPG doesn't want to appear too close to Merrill Lynch, because of the appearance of being too close to a competitor.
The company has also raised additional funds this month by selling fixed income and preferred securities.
John Thain's suspenders and belt might be a little tighter since he went on record saying Merrill Lynch will not need any more capital.
Cumulus Media Inc. (NASDAQ: CMLS) has an SEC FILING this morning noting that the company has received necessary consent from the lender group under its existing credit agreement that would allow it to enter into an amendment to permit a merger. It had previously noted on March 5, 2008 that it had entered discussions with lenders.
Members of the lending group holding in excess of 50% of the debt required to enter into an amendment gave their consents. The management-led merger would be with an investment group led by its Chairman, President & CEO Lewis W. Dickey Jr. and an affiliate of Merrill Lynch Global Private Equity, part of Merrill Lynch (NYSE: MER).
This is not a done deal yet as merger completion remains subject to various conditions. Some conditions include approval by shareholders, FCC approval, and other customary closing conditions. The original buyout price was $11.75. On last look, shares were up more than 12% at $5.51, and the 52-week trading range is $4.90 to $11.74.
This has been one of the longer standing mergers as it was announced back in July 2007 right at the peak of the world being awash in liquidity and the height of private equity deals. On last look, the company had roughly 345 radio stations in 67 U.S. markets. Its market cap as of today is $238 million.
The deal is expected to be completed during the first quarter of 2008, and will add an estimated $10 billion plus in assets to GE Capital. Merrill has been hit pretty hard this year with the subprime mortgage mess, and this deal will result in around $1.3 billion worth of capital that the company will be able to allocate elsewhere.
Merrill, which announced a massive $8.4 billion worth of write-downs back in October is in the middle of what it is calling a "strategic focus on divesting non-core assets." This sale is beneficial to Merrill because the firm's commercial-lending business has become reliant on companies that do not posses investment-grade credit ratings and pose a financial risk that Merrill does not need to be assuming, especially after Merrill's recent write-down.
You know the feeling. You've done a lot of shopping -- and used your credit card heavily. It's so easy, right? Of course, until the heavy interest payments pile up.
Simply put, that has been the story for big-time financiers, such as Goldman Sachs (NYSE: GS), Lehman Brothers (NYSE: LEH), Merrill Lynch (NYSE: MER), Citigroup (NYSE: C), JP Morgan (NYSE: JPM) and so on. They kept committing their balance sheets to provide loans to buy up companies. And, of course, private equity funds -- like KKR, TPG, Apollo, and Blackstone (NYSE: BX) -- were ready, willing, and able to take the largesse.
But now the bill is coming due.
Well, in this week's Barron's [a paid publication], there's an excellent story on this topic. In fact, the lenders were so eager to make these mega loans that they were loosey-goosey on the terms. For example, some loans even allowed for deferring debt payments (perhaps the subprime market was not the only crazy place, huh?)
Oh, the lenders also were willing to forgo escape clauses in loan agreements. Hey, wouldn't the gravy train last forever?
So what happens to the hundreds of billions in buyout debt? Barron's thinks that the lenders will sell the stuff at deep discounts. True, this will mean significant losses. But, if things are bad, might as well get everything written down now and then pave the way for a better future, right? Although, I have a feeling banks are going to be a little more circumspect when it comes to new buyout loans.
Look at the history of Wall Street and you will see a major theme: conflicts of interest. After all, the business is based on relationships.
Conflicts of interest are not necessarily bad. So long as there is disclosure – and clients understand the dynamics – it should be fine.
But, there should still be vigilance. That's the take from a recent piece in the New York Times.
In fact, with the surge in private equity deals, it's getting tough to see who's representing who.
Perhaps the biggest issue is when investment banks engage in their own deals and also advise the client. This is actually becoming common for firms like Goldman Sachs (NYSE: GS), Morgan Stanley (NYSE: MS), and Merrill Lynch (NYSE: MER)
But in this scenario, is the client really getting good advice? Or is the investment bank just trying to get a juicy deal?
One way to manage this has been for investment banks to invest alongside others. Thus, there would be no control position.
But with Goldman raising a $20 billion fund and other investment banks in the process of forming mega funds, is this realistic?
In other words, investment banks are going to start looking more and more like private equity funds – that, incidentally, provide advisory services.
Tom Taulli is the author of various books, including the Complete M&A Handbook and the EDGAR-Online Guide to Decoding Financial Statements.
BloggingBuyouts is provided for informational purposes only. Nothing on the service is intended to provide personally tailored advice concerning the nature, potential, value or suitability of any particular security, portfolio or securities, transaction, investment strategy or other matter. You are solely responsible for any investment decisions that you make. The contributors who provide the content of BloggingBuyouts may, from time to time, hold positions in the securities discussed at the time of writing and they may trade for their own accounts. Such holdings will be disclosed at the time of writing. By using the site, you agree to abide to BloggingBuyouts' Terms of Use.
BloggingBuyouts is the best resource for news, opinion, and research on the least understood, most powerful force driving financial markets today -- private equity investing.
For more coverage of America's favorite publicly traded stocks, check out BloggingStocks
and 
Look at the history of Wall Street and you will see a major theme: conflicts of interest. After all, the business is based on relationships. 
