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Technology Stocks : XO Holdings, Inc. (XOHO - XO Communications)

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To: tech101 who wrote (550)4/2/2010 4:56:57 PM
From: tech101   of 615
 
messages.finance.yahoo.com

Stop Carl Icahn's New Attempt to Steal - R2 Letter

1-Apr-10 08:01 pm

sec.gov

Mr. Icahn will likely try to convince the board that it is in the company's best interest to allow him to convert his $217.4MM of Class A preferred stock into equity or an equity-linked security. Not only does the company have ample liquidity to completely cash out the Class A preferred stock, but the company could also easily raise enough debt to completely cash this stock out given its recent improvement in operating trends and the strength of the debt capital markets. We believe it would be a tragedy for minority shareholders if the board were to let Mr. Icahn exchange his Class A preferred shares into anything with an equity component. If he is able to surpass 90%, the minority shareholders will be subject to possibly being merged out of existence, and Mr. Icahn will have succeeded in destroying minority shareholder value while being the sole beneficiary of that destruction.

Rest assured, we are going to do everything in our power to ensure that justice is served and that the rights of minority shareholders are protected. Should Mr. Icahn succeed in pressuring you to hand over the company to him through what we view as this back door method, we would pursue all legal remedies available to us, including holding each of you personally liable to the maximum extent permitted by law, for this latest infraction in trampling the rights of minority shareholders. Please stand up and do the right thing!

2-Apr-10 04:03 am

What a soap opera!

Without R2, XO would have been in Icahn's pocket years ago. He's got to be shocked by the growing firestorm over XO, which he must have figured was an easy addition to his empire.

The only option that makes any sense as an out for Icahn and to avoid YEARS of legal maneuvers is to accept a takeout offer. Icahn could stir up a bidding war if he wanted to. XO would be HUGELY accretive for a TWTC, Q, or LVLT & would be the best outcome for all parties.

Hey Carl, rein in the ego & realize it's time to move on...

2-Apr-10 03:17 pm

Not necessarily just R2.

Another time bomb – the class action representing all minority shareholders brought by the former XO executive Hillenmeyer in the Delaware Chancery Court is ticking with even more powerful explosion to the Icahn empire.

Carl Icahn’s destructive nature has prevented him from converting XO - with a total $8 billion invested in a decade – into a legitimate business with multi-billion dollars revenue and market cap. That would be several times more than he could grab with the NOLs and steal from minority shareholders. Carl Icahn has lost the opportunity of doing constructive works like Warren Buffet while choosing to go to grave being cursed by tens of thousand people robbed by this predator and theft as claimed, “I create nothing! I own.” in the movie “Wall Street”.
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