Falcone ‘steels’ away shares of Schuff
International
Phil Falcone
Photo:
Stefan Jeremiah |
It’s official: Phil Falcone has succeeded with his
controversial tactic to take over a small but profitable
steel-fabrication company on the cheap.
The hard-charging hedge-fund tycoon disclosed Monday
that he has acquired more than 90 percent of Schuff International,
whose construction projects have included the University of Phoenix
Stadium and attractions at Walt Disney’s Epcot Center.
Under Delaware law, clearing that hurdle will allow
Falcone to force remaining shareholders to sell their stock to him — a
maneuver known as a “squeeze out.”
Falcone’s fund HC2 cleared the hurdle Oct. 29 through
an “open-market transaction” that increased its stake in Schuff to
90.6 percent, the fund said in a Monday securities filing.
“We intend to execute a short-form merger as soon as
practicable,” HC2 said in the filing. “Such short-form merger will
increase our ownership of Schuff shares to 100%.”
That’s despite protests from some Schuff investors, who
have complained that Falcone’s tender at $31.50 severely undervalued
the firm.
Schuff shares, traded on the loosely regulated
over-the-counter market, have frequently traded above the $31.50 mark
in recent months, qualifying Falcon’s tender as a “takeunder.”
Some holdout shareholders still remain unhappy about
the deal — so much so that a few s intend to ask a Delaware judge to
determine the true value of the stock, a source familiar with the
plans told The Post.
The holdouts may even allege that HC2 paid as much as
$34 a share — more than the tender price — for a large block of the
stock last week in order to get above the 90 percent threshold needed
to make the deal final, this person said.
Falcone didn’t respond to requests for comment.
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