To: Cube who wrote (2589 ) 4/5/1999 8:10:00 PM From: David R Read Replies (2) | Respond to of 5102
You have a flawed conclusion in your original post. Inprise can still be shorted by any off shore broker. Even naked shorting is legal in many countries. Anybody in the US who wants to short INPR can do so using an offshore broker. Thus you can not draw any concrete conclusions by observing the short interest (i.e. suggesting that it must be the holders of the floorless debt). Likewise, you have a flawed assumption that the holders of the debt are hostile, and will gladly engage in a very risky even trying to short the company into the ground. You seem to imply that by holding the debt, they can try short INPR with zero risk. This is not true. Imagine this hypothetical scenario: The buyer of the debt decided to try and short INPR to Ground-Zero. Under such a scenario, the lawyers would certainly consume all INPR cash in shareholder and customer lawsuits leaving nothing for any debt holders. Thus, the only way that the debt holders could recover their $25M investment would be via shorting (8,000,000 shares at today's price). If they tried to short sell that many shares, they would likely drive the price down so that they would endup having to short perhaps 10,000,000 shares, or more, to recoup the original $25,000,000. Now certainly, Oracle does not want INPR to go belly up since they use INPR tools, and seeing INPR at $1.25/share, they make a $5 share buyout offer and use the cash-out provision to deal the debt. Being short 10,000,000 shares means that these debt-holders now have to produce 10,000,000 shares, and they would be in competition with all other short sellers. Under the best scenario of a ground-zero short, they might recoup their initial investment. Worst case losses could be in the hundreds of millions (several companies bidding for INPR technology). No, the holder of this debt does best if INPR thrives. INPR has some good technology and still has a loyal base of developers (in spite of Del). INPR has Value far beyond the book value, and at an attractive price, there would be a buyer. $