Nabi Biopharmaceuticals (NDAQ:NABI) may find itself in trouble after Third Point has apparently become fed up with management, stating in a
13D/A filing: "We have repeatedly warned this Board that we (and, we are confident, other shareholders) will not tolerate a "burning the furniture to heat the house" policy with respect to asset sales and spending, which is precisely the policy your October 12 conference call and this morning's letter appear to adopt ... We have now determined to pursue a consent solicitation to remove not only McLain but, as well, a majority of the Company's directors from the Board".
In the letter, Third Point makes several arguments supporting its elevated valuation of the company and plan to maximize shareholder value:
"As you are probably aware, on October 12th Nabi Biopharmaceuticals (the "Company") held a conference call following the announcement of the sale of PhosLo to Fresenius. In that call, Tom McLain articulated a plan which, when stripped down to its essence, would use the sale proceeds to fund $30 million per annum of cash burn in 2007 and 2008. Thus, the Company has proven our thesis that it contains valuable and coveted assets. The net present value of the PhosLo sale, which was exactly in line with our estimates, confirms our view that Nabi's assets are worth roughly twice as much as where the stock currently trades.
We have repeatedly warned this Board that we (and, we are confident, other shareholders) will not tolerate a "burning the furniture to heat the house" policy with respect to asset sales and spending, which is precisely the policy your October 12 conference call and this morning's letter appear to adopt. Indeed, there is no conceivable reason why Nabi should be in a cash burn position once the PhosLo disposition has been consummated and the major development projects sold or partnered. In fact, if the Company were to become an efficiently-run ongoing entity after such a restructuring, it should be earnings and cash-flow positive by mid-2007."
With many investors furious at management for bringing the company down from over $15 per share in 2004 down to around $5 per share now. Meanwhile the company's margins continue to decline while cash burn only increases. Third Point offers a way out for investors, and it appears that they are interested, as shares have moved up over 2% today on the news.
Related CompaniesGenzyme Corporation (GENZ)Inhibitex, Inc. (INHX)Gilead Sciences, Inc. (GILD)