Awaiting the Lehman CDS Auction

Here’s an interesting theory: the reason that bank lending has ground to a halt is that everybody’s waiting until the results of the Lehman CDS auction, which is currently scheduled for October 10. "Banks are hoarding cash," says Elizabeth MacDonald, "in expectation of expected payouts on anywhere from $200bn to $1 tn-no one knows the amount, adding to volatility-for these defaulted credit derivatives".

I think there might be a germ of truth to this, but that it’s largely a second-order, rather than first-order, effect. And I have a slightly peculiar reason for being a little hopeful: the banks are not triple-A rated, and never were.

If I recall correctly, back in the early days of the derivatives market, banks would set up bankruptcy-remote triple-A subsidiaries to buy and sell derivatives; the reason was to reassure their clients about counterparty risk. But clearly the derivatives market couldn’t really take off if everybody had to be triple-A. So a lot of derivatives trading moved to exchanges, and other protocols sprung up in the OTC markets — mainly involving the posting of collateral.

But some triple-A writers of derivatives remained. And as Bill Ackman said at the Value Investing Congress yesterday, all of the big blowups in the CDS market — AIG, MBIA, Ambac, etc etc — were caused by triple-A entities. (He ignored Bear Stearns, but as far as I know, Bear didn’t lose money on its CDS portfolio.)

Ackman’s point is that the discipline of posting extra collateral when the CDS price moves against you actually worked. And the only place where it failed was the one place where it didn’t exist: customarily triple-A entities didn’t have to post collateral, precisely because they were triple-A.

Which brings us to Lehman. Is it really the case that a lot of banks wrote credit protection on Lehman brothers, without hedging their exposure? I doubt it, somehow. Banks have more than enough counterparty risk with other banks as it is, they have no need to gratuitously add to it by writing CDS.

Now there are people who made money betting against Lehman Brothers by buying default protection. And since the CDS market is a zero-sum game, there must therefore be people who lost money by selling that protection. The $400 billion question is whether they have the wherewithal to make good on their obligation. (And remember that $400 billion is a gross number: the net exposure — the total amount that some people made and others lost — is much smaller.)

I’m optimistic on that front: I think the answer is yes, although it might well involve selling collateral and other securities in order to come up with the cash. So there could be some nasty liquidation events on or around October 10. But I suspect that a lot of the exposure to Lehman came from synthetic bonds, CDOs of CDSs, and that kind of thing — in other words, it resides on the buy-side, not on the sell-side.

It’s always possible that some hedge fund somewhere will find itself going bust as a result of writing protection on Lehman — but so far the big hedge-fund returns on CDS have been positive (Paulson, Lahde) and not negative. I’m holding out hope that the same will hold true on October 10.

Posted in derivatives | Comments Off on Awaiting the Lehman CDS Auction

TARP for CP

Hey, the Fed has a new acronym! It’s called the CPFF (commercial paper funding facility) and it’s basically the TARP, only instead of buying toxic mortgage-backed securities, the government is buying commercial paper. The new facility is backstopped by the Treasury, which raises at least one obvious question: if Treasury and the Fed can just come out and do this for CP, why did they need to go through such a nightmarish legislative process before getting the TARP approved?

There’s no doubt that the CP market needs help. TED’s at 369bp right now, which means that there’s still no interbank lending; yes, the banks are probably the riskiest of all the major corporate credits, but worries in the financial sector have definitively spilled over into the rest of the credit markets.

But I’m not convinced that expanding the Fed’s lender-of-last-resort role yet further is necessarily a great idea. A lender of last resort, at least in my conception, is someone who will extend funds to a systemically important financial borrower, quite possibly at punitive rates, when no one else will. What the Fed’s doing here is lending to everyone when no one else will. And even the vast resources of the US government are clearly insufficient to do that.

A line has to be drawn somewhere: we’re never going to see the Fed issuing personal credit cards. I do appreciate that now’s not a great time to be drawing lines. I just wish that the policy response to this crisis was a bit more strategic and coordinated, rather than looking ever more confused, ad hoc, and panicked.

Posted in bonds and loans, regulation | Comments Off on TARP for CP

Extra Credit, Monday Edition

Carry Trade Bloodbath: AUD/JPY

The European collective response: "Europe as a whole lacks a safe asset as focal, liquid, and available as T-Bills and now that is becoming a problem."

Signs Of Panic: CNBC Talking Heads Multiplying Beyond Reason: The Octobox is so two weeks ago. Ladies and gentlemen, the Decabox!

Not impressed with the Tarp, BNP Paribas edition

Lehman E-Mail: Execs Mock Idea of Bonus Cut: Also some visibility here of how difficult Neuberger Berman employees are to manage.

He Foresaw the End of an Era: John Cassidy on George Soros.

Internet Blogger Guy: Dow To "Test" 8,000: Technical analysis gibberish goes mainstream.

Posted in remainders | Comments Off on Extra Credit, Monday Edition

Five Investment Principles

  1. There’s no rush. If an asset is cheap today, it’ll be cheap tomorrow. Think before you act.
  2. If an investment causes worry or stress, don’t make that investment. You should be happy with your investments. Your gut is a good barometer of your risk appetite.
  3. There’s no need to invest. If you don’t want to take a certain risk, don’t take it.
  4. Up markets generally last for a very long time. Down markets can last just as long.
  5. There are few things more valuable, in a liquidity-constrained down market, than dry powder. Consider the opportunity cost of investing now. Down markets afford you the luxury of being patient, and waiting for opportunities which you love.
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Bernanke’s in Charge of the Special Sauce

Analogy of the day comes from Mohamed El-Erian, who likens the credit markets to a drive-thru burger joint:

“Imagine yourself at the drive-thru ordering a Big Mac. At one window you order and pay, at the other – 20 feet ahead – you pick up your lunch. What if you thought that after paying at the first window, your 1000 calorie sandwich might not be waiting for you a few seconds later. You might not pay; business as usual might not take place.”

Wait, the credit crunch is a way for everybody to order fewer Big Macs, and consume fewer calories? Maybe it does have a silver lining, after all!

Posted in bonds and loans | Comments Off on Bernanke’s in Charge of the Special Sauce

The Duplicitous Sheila Bair

After Wachovia agreed to be bought by Wells Fargo on Friday, the FDIC’s Sheila Bair put out a press release saying that her agency "stands behind its previously announced agreement with Citigroup".

Except, it wasn’t quite as simple as that. During that whole week, according to the affidavit of Wachovia’s Bob Steel, Wachovia had been negotiating in good faith with Citigroup; there was no contact with Wells Fargo. Until, that is, quite late on Thursday night:

On October 2, 2008 at approximately 7:15pm, I received an unexpected call from Chairman Bair. She asked if I had heard from Mr Kovacevich. I assured her I had not spoken to him since the initiation of the negotiations with Citi. She advised me that it was her understanding that he would be calling me to propose a merger transaction that would result in Wachovia shareholders receiving $7.00 per share of Wells Fargo common stock and encouraged me to give serious consideration to that offer.

At that point on Thursday, the agreement between Wachovia and Citi was all but nailed down; they’d even scheduled a time to sign it — 2pm on Friday. Of course, that never happened. And it looks very much, from Steel’s affidavit, that Bair had been working behind the scenes with Kovacevich and the crew from Wells Fargo, putting together a rival deal.

Which puts her public statement on Friday morning into a bit of perspective: yes, she might stand behind the agreement with Citi. But left unsaid was her clear support for a new deal with Wells.

This isn’t so much ad hoc policymaking as post hoc policymaking. The agreement with Citi was put together over the course of a very hurried Sunday, because Wachovia would have to have declared bankruptcy on Monday morning if it didn’t have a deal. As Jamie Dimon would say, buying a house and buying a house on fire are two different things. Citi bought a house on fire, thereby saving it from burning to the ground. And then Mr Kovacevich waltzed in, decided that, on reflection, he rather liked the look of the house after all, and used a provision of the newly-enacted TARP legislation to gazump the hapless Mr Pandit.

It’s easy to see why Citi’s rather aggrieved about the whole deal; it’s harder to see why Bair would so drastically burn her bridges with 399 Park. If she ever wants to work with Citigroup again, when next she needs to rescue a bank in trouble, I suspect she’ll get an extremely frosty reception.

Posted in bailouts, banking, M&A, regulation | Comments Off on The Duplicitous Sheila Bair

Why I’m Not Buying the Financials

At 10am this morning, Evan Newmark stuck his neck out, with a blog entry entitled "Why I’m Buying the Financials". They were spiralling downwards nastily at the time, but obviously the piece had been written long before the market opened. And in any case, Newmark’s a long-term investor:

Since early July, I have been building a position in XLF shares. My average cost is $19.70 a share. By Friday’s market close, that put me down a buck a share, or just under 5%…

These are strange and volatile markets. But for most of the third quarter, the XLF has been steady ß≠bouncing between $18 and $22.

All I have to do is believe that the US financial-services industry will survive. That is why I lean toward the camp of the optimists.

Can the XLF go down further? Absolutely. Look how vulnerable Citigroup’s stock was Friday. But how much further down? For the XLF a break down of more than 20% from Friday’s close, would put it at less than $15.

This would probably indicate the total collapse of the U.S. financial system. And I just don’t buy that.

The XLF closed at $17.80, which means Newmark’s now down 10%. But never mind that — as he says, he’s a long-term investor. What are the real reasons not to buy financials right now, or, for that matter, any leveraged stocks?

  1. You’re hitting the most overpriced part of the capital structure. If you want to buy banks, buy their bonds. Or their sub debt. Or their preferred shares. Or their convertibles. Or just about anything, really, except for their equity. The stocks might look beaten-down to you, but they’re actually much healthier than the bonds, which now offer the potential for healthy capital gains on top of their current high yields, if, as Newmark predicts, the financial-services industry will survive.
  2. The banks haven’t written down their assets to true mark-to-market levels, probably because if they did so they would violate minimum capital ratios and quite possibly be revealed to be insolvent. Insolvent banks can and do continue as going concerns — but if I’m buying an insolvent bank, I want to know I’m buying an insolvent bank. Instead, we get lies.
  3. If you thought the asset side of the balance sheet was bad, just wait till you see the liability side. Yes, banks have access to central bank liquidity facilities, although they hesitate to suck on that particular teat because of the stigma involved. But other financials, and other leveraged companies, can’t tap the Fed. They have to fund themselves in the market. And that’s pretty much an impossible thing to do, these days. If you find yourself — just once — incapable of rolling over your debt, then you have to liquidate. And what are the chances of any given company once being unable to roll over its debt, in this market? Pretty high, I’d say.
  4. It’s easy to get misled by the stock chart. Consider a comparison of Apple with GE. Let’s say that Apple, with no debt and $20 a share in cash, goes from $200 a share to $100 a share. And let’s say that GE, with $55 a share in debt and a negligible amount of cash, goes from $40 a share to $20 a share.

    On the face of it, they’ve both fallen the same amount: 50%. But Apple’s enterprise value has fallen from $180 per share to $80 per share: a drop of 55%. While GE’s enterprise value has fallen from $95 per share to $75 per share: a drop of just 20%.

    In other words, a large percentage fall in the stock price of a leveraged company is actually a much smaller event, in terms of what’s happened to that company’s total value, than an equally-large fall in the stock price of an unlevered company. If you want to go bottom-fishing right now, look to the companies without lots of debt. Not the companies with it.

Posted in banking, stocks | Comments Off on Why I’m Not Buying the Financials

Stocks: Are Retail Investors Buying?

For many years, whenever any global economy threatened to run out of steam, the US consumer would step in to save the day. Now, it seems, the US consumer is tapped out — at least when it comes to personal consumption expenditures.

But looking at the action in the stock market today and over the past week or so, I wonder if the indefatigable US consumer isn’t simply shifting his attention to stocks. Dow 10,000? Must be a buying opportunity!

Stocks aren’t cheap — certainly not when compared to bonds. But when stocks have fallen a lot, people rush in to buy "bargains" based on nothing more than the all-but-meaningless metric of percentage off all-time highs.

The magnitude of the housing crash, in terms of percentage off highs, is important, because such a vast proportion of the population either bought or refinanced at top-of-the-bubble valuations. But that doesn’t make houses cheap. In the case of stocks, the percentage-off-highs number is not important, because there wasn’t particularly high volume at those high points in any case. And it’s certainly not a bullish indicator, as some of the value investors at today’s conference maybe hoped.

Both days that we’ve seen a 700-point down move in the Dow, it’s been followed by a sharp and immediate retracement of about half the losses. I put that down to bargain hunters, looking at the sell-off like they might a 30% off sticker at their local department store.

Or put it this way: there’s a huge "sale" going on in the credit markets too, but the credit markets are largely inaccessible to retail investors, who discount future cashflows at a much lower interest rate than anybody who’s actually tried to borrow money in this market. When stocks fall towards the kind of levels implied by credit-market discount rates, retail investors, with their much lower discount rates, step in and catch the falling knife. So far, they’ve ended up very bloody every time they’ve tried to pull off this act.

A smarter move, for a long-term investor, would be to wait for the credit markets to return to some semblance of normality before jumping into stocks. You might not buy at the absolute bottom — but anybody who fancies themselves a market timer is deluded anyway. And you’ll have much less in the way of downside.

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Topsy-Turvy Datapoint of the Day, Fannie Mae CDS Edition

Reuters reports on the results of the Frannie CDS auction:

Protection sellers on the companies’ subordinated debt were the biggest winners, with contracts on Fannie Mae’s subordinated debt recovering 99.9 percent of the sum insured…

Credit default swaps on the senior debt, by contrast, will recover less, with Fannie Mae’s senior swaps recovering 91.51 percent the sum insured.

This is what happens when markets go haywire: credit default swaps lose all connection with, well, credit — and start trading on entirely technical factors. I don’t understand why recovery on the senior debt was so low, or why recovery on the sub debt was so high; it probably has something to do with eligibility requirements for cheapest-to-deliver bonds, and the relatively popularity of insuring the sub debt against default rather than the senior debt.

But in any event, instruments with a US government guarantee — senior Fannie Mae bonds — are clearing at 91.5 cents on the dollar. Remember that, if you think that the stock markets are ugly.

Update: Alea confirms that it’s a CTD artifact:

Some people are surprised that the sub recover more than the senior, this is due to the cheapest to deliver effect, both the FNM/FRE senior have zero coupon on the deliverable list, while there are no zero sub.

Which just goes to show how important it is to know exactly what you’re buying, when you buy default protection.

Posted in bonds and loans, derivatives | Comments Off on Topsy-Turvy Datapoint of the Day, Fannie Mae CDS Edition

The Icelandic Response to Crisis

If you’re looking for a sensible and coherent response to a major crisis, you could do a lot worse today than look to Iceland. The country’s current currency crisis happened because it’s so small. But the solution, too, is something which would be almost impossible to implement in a much larger economy: it involves everyone — buy side, sell side, government, banks — all working together, in concert, with nobody trying to game the system.

In a nutshell, the government first guarantees all the banks’ deposits. Then the buy side — the Icelandic pension funds, which have billions of dollars in foreign securities — sell everything they own abroad, and bring it back home. At an exchange rate of 126 kronur to the dollar, that will buy them a lot of kronur. (The currency has lost fully half its value over the past year.) The banks, too, will liquidate their foreign holdings, and bring them all back home.

The resulting inflows into the krona should put some kind of a floor under the currency, helping to prevent runaway inflation in a country which is uncommonly reliant on imports. And there’s an all-for-one-and-one-for-all aspect to the scheme, too: the banks are helping out the government in return for the government helping out the banks. It’s entirely possible they’ll all go down together: one look at the country’s credit default swaps will tell you that. But they’re certainly stronger together than they were apart.

What’s more, now that the government is guaranteeing deposits, there might even be a tiny trickle of interest in getting back in to the carry trade: after all, interest rates are in the 15% to 20% range, and given the recent crash in the krona there has to be some scope for serious currency appreciation on top. Of course, it was the carry trade which was largely responsible for getting Iceland into this mess to begin with, but that doesn’t mean that a few foreign speculators might not actually be quite welcome right now.

In fact, I quite like the idea of going long the Icelandic krona right now, and hedging by buying default protection on the sovereign. If all the inflows come according to plan, then the currency should at least stay flat, if not appreciate, and in the meantime you’re getting something over 15% on your money. And if everything goes spectacularly wrong and the country isn’t bailed out by its fellow Nordic governments, the CDS should pay off handsomely.

Of course, there’s downside risk in this trade — basically that Iceland devalues even further — but that’s something the entire country seems to be trying very hard to avoid. So if you have faith in the Icelanders, this could be an attractive way to support the country and make money at the same time.

Posted in economics, foreign exchange | Comments Off on The Icelandic Response to Crisis

Where is Citi’s M&A Expertise?

Bill Ackman made an interesting point at the Value Investing Congress today: Citi announced its deal with Wachovia on Monday September 29, at which point both boards had signed off on it. Given that all the specifics were in place, how come there was no signed deal agreement come Friday October 3, when Wells Fargo came galloping in to ride off into the sunset with all of Wachovia? A good lawyer, said Ackman, can put that kind of an agreement together overnight: it certainly shouldn’t take a full week.

If an agreement had been signed, then Citi would be in a much stronger position right now. Rather than desperately litigating exclusivity agreements, it could demand very specific breakup fees and the like. Instead, it’s desperately trying to pay Wachovia more money for fewer assets.

Did Citi simply take its eye off the ball, in not forcing a Wachovia exec to sign a deal immediately after it was approved? Were they played by Wachovia’s Robert Steel, who never really wanted the Citi deal but who knew that he needed something so that he could survive the week and come out the other side in the arms of someone more attractive? No one knows for sure, but it certainly looks that way.

Citigroup is in massive M&A mode these days: it’s not only bidding for distressed assets; it’s also trying to sell off non-core assets like the German retail bank, which went to France’s Credit Mutuel. Right now, it needs nothing so much as world-beating M&A expertise. If it can be caught as flat-footed as it looks right now, that bodes ill for any future deals.

Incidentally, trading in Wachovia was suspended for about 12 minutes shortly after noon today. No one seems to know why. But given that Wells Fargo is willing to pay $7 a share, and that there seems to be some kind of bidding war going on, it’s peculiar that Wachovia’s only trading at $5.75: I would have expected it to be trading over $7 a share, not under, even after accounting for the fact that Well’s Fargo’s offer is an all-stock deal and Wells shares are down 5% today.

Posted in banking, M&A | Comments Off on Where is Citi’s M&A Expertise?

Global Cardiac Arrest

John Burbank of Passport Capital appeared at the Value Investing Congress this morning. I’m getting inured to scary prognoses at this point, but he managed to scare me by saying that GE, which is having difficulty rolling over its paper, and which has 22 times as many assets as it has tangible equity, is "at great, great risk of going bankrupt".

"The global capital markets system has had a heart attack," said Burbank, "and the policymakers are prescribing exercise and vitamins." If they really want to unblock things, they’ll need to try something much more drastic: Burbank was talking about amounts as large as $5 trillion which could be injected into the system today, and taken out only when it was no longer needed.

Burbank also said that the US should aggressively devalue the dollar: the upspike in the dollar and concomitant downturn in oil prices, he said, has hurt hedge funds badly, just as they were coming to the end of their quarter and were allowing redemptions. The redemptions will cause panic selling, and indeed that might be what we’re seeing this morning.

I’m not sure that it’s either feasible or desirable for the government to attempt a $5 trillion bailout. And competitive devaluations don’t help anybody. But I do think that GE, in particular, with more than $500 billion in debt, is at great risk in a credit crunch of today’s proportions. It’s outperforming the market today, but if you think it’s a safe haven, think again.

As for what the government should do, a couple of correspondents have written to me this morning asking whether discount window funds from central banks could come with strings attached: essentially forcing some percentage of those funds to be onlent in the interbank market. Is that possible? Would it be useful, in terms of restarting interbank lending? It’s a genuine question: I really don’t know.

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The Crisis Goes Global

Europe’s woes are clearly the key driver for the big slump in global stock markets today: the credit crunch has moved decisively across the Atlantic, and has engulfed the other great home of leverage. But the biggest losers of all are the BRICs: Brazil’s down 15% today, Russia’s off 19%. This is what a global crisis looks like: no one has decoupled, nowhere is safe.

We’re long past the point at which a global coordinated rate cut — the dropping of vast amounts of money from helicopters — will help things. Central bank liquidity injections are powerless in the face of serious worries about the solvency of the global financial system. In order to restore trust, what’s needed is massive bank recapitalizations.

The TARP can, in theory, do that, if it pays much more than market rates for toxic securities. The problem is that the mechanism is far from transparent — and also that the TARP might not be big enough. Let’s say that Treasury pays 50% over the odds for distressed debt: that means that the effective recapitalization from the TARP would come to only one third of the fund, or about $230 billion. That’s less than the write-downs banks have already taken; it’s not the overwhelming force that the markets want to see.

Given the pain involved in getting TARP through Congress, I can’t imagine that anybody has any appetite for yet another massive bailout bill, even if such a thing is desperately needed. At the very least, we’re going to have to wait for the arrival of a new administration, in January. Which means the next three months could be extremely gruesome indeed. If there’s any hope at all, I think it might come from the European Central Bank. There hasn’t been a lot of leadership up until now out of Frankfurt and Brussels; maybe it’s time for the Eurocrats to step up.

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Wachovia: Getting Messy

The fight over Wachovia is getting messy. Court judgments are getting overruled; obscure provisions in the bailout legislation are taking on a crucial importance; the Fed is acting like King Solomon, splitting the baby between the West Coast and the East Coast. And then there’s this, from Wachovia’s CEO:

Illustrating the competing interests at play, a sworn affidavit filed this weekend in federal court by Mr. Steel paints a picture in which the eighth-largest U.S. bank in stock-market value is caught between two takeover bids while facing pressure from the FDIC to sell itself. The affidavit suggests that Wachovia has come within inches of failing at least twice during the past week.

The fact is that the global credit crunch is significantly nastier now than it was last week — which means that the only reason Wachovia is still operating as a going concern is that everybody is certain it’ll end up getting sold to Citi, to Wells, or to some combination of the two. And in this market, certainty is not good for you.

On Friday, when it looked as though Citi had lost Wachovia, Citigroup’s stock plunged. Today, it looks as though Citi might get at least some of Wachovia — and Citigroup’s stock is down another 5% at the open. Truly, there is no good news today.

Posted in banking, bonds and loans, M&A | Comments Off on Wachovia: Getting Messy

Lehman’s Lies

The WSJ has a fantastic piece of reporting about Lehman’s failure this morning, which explains something I hadn’t understood until now. Yes, Lehman’s bankruptcy caused the credit crisis to get much worse. But the mechanism might well have been Lehman’s lies, rather than its failure per se:

On Sept. 10, one day after Lehman executives calculated the firm needed at least $3 billion in fresh capital, the firm assured investors on a conference call it needed no new capital at all. Lehman said its massive real-estate portfolio was valued properly, but Wall Street executives who have seen it say it was overvalued by more than $10 billion. As hedge-fund clients began yanking their money from Lehman, the firm assured them it was on solid financial footing.

In the wake of the collapse, it was clear that if Lehman couldn’t be trusted, then it would be silly to trust any other troubled financial institution, either — AIG, WaMu, Wachovia, Fortis, Hypo Real Estate, you name it. And so they all got taken over.

And it’s not nearly over yet. The European shoe is only beginning to drop: banks there are much more leveraged than banks in the US, and a European credit crunch is therefore even more devastating than a US credit crunch. Add in the feedback mechanisms from Europe back into the US, and things are likely to get much worse before they get any better.

Oh, and did I mention? TED’s at 391bp — another new record. I have a feeling this is going to be a long week.

Posted in banking, bonds and loans | Comments Off on Lehman’s Lies

Extra Credit, Sunday Edition

Dear Investor: Dreadful returns from hedge funds.

Agency’s ’04 Rule Let Banks Pile Up New Debt: Good narrative reporting from Stephen Labaton.

The Economist’s poll of economists: They’re overwhelmingly pro-Obama.

A Proposal for Money Market Funds, and More: I like this idea.

Wells-Wachovia: That’s $270 billion less we’re on the hook for: "One thing about the new Big Three that I find interesting: Their names are all brands they picked up along the way from banks they acquired. If I’ve got it right, they’re really Chemical, Nationsbank and Norwest."

Correa May Cancel Payment of Some "Illegitimate" Debt: Not global bonds.

Posted in remainders | Comments Off on Extra Credit, Sunday Edition

How Much Will a Wells-Wachovia Deal Cost Taxpayers?

Anybody following the fight between Citi and Wells Fargo has to read Binyamin Appelbaum’s front-page piece in the Washington Post on the tax assumptions behind the Wells Fargo offer.

In touting the deal, Wells Fargo executives said they did not need money from the Federal Deposit Insurance Corp., which had agreed to limit Citigroup’s losses on a portfolio of Wachovia’s most troubled loans.

"This agreement won’t require even a penny from the FDIC," Wells Fargo chairman Richard Kovacevich said.

But experts in tax law said the Wells Fargo deal actually was likely to be more expensive for the government…

The amount of lost tax revenue would depend on the future profitability of Wells Fargo and the losses on Wachovia’s loans, but based on Wells Fargo’s financial disclosures, it could shelter $74 billion in profits from taxation.

Meanwhile, the NYT reports that Citigroup, now armed with its latest injunction, is seeking $60 billion in damages from Wells Fargo for interfering with the initial transaction — a number which seems to have been arrived at by the famous "think of a number and treble it" technique.

Elizabeth Nowicki and Steven Davidoff also weigh in on what the exclusivity agreement may or may not force Wachovia to do. I’m inclined agree with Davidoff here:

I think the most elegant solution is for Citi to match the Wells Fargo bid over the weekend and litigate the deal-protection devices in Friday’s transaction as illegal. This is a better case to pursue than a tortious interference case on a three-page letter in New York, even though the letter is very clear on the issue.

As far as the cost to the government is concerned, I do wonder whether Sheila Bair worries overmuch about Treasury’s future tax revenues, or whether there’s anybody in charge who can reject the Wells Fargo offer on the grounds that it will cost the government more than the Citi offer. Now that WaPo is fronting the issue so forcefully, though, I suspect that everybody will pay more attention to it.

Posted in banking, fiscal and monetary policy, M&A, taxes | Comments Off on How Much Will a Wells-Wachovia Deal Cost Taxpayers?

Blogonomics: Gawker Kills Pay-Per-Pageview

A couple of interesting developments in the world of blogonomics:

First, Gawker’s Nick Denton has, at least for the time being, killed his pay-per-pageview model. It’s predicated on the idea that advertising revenues will rise with pageviews, but the outlook for 2009 is that pageviews will go up even as advertising revenues go down. Nick tells me he’s still a "believer in the system" and that it might reappear at some point, but I wouldn’t hold your breath.

Rex Sorgatz had a question for Nick about what this means for Gawker’s payroll; Nick didn’t answer, so I’ll try. Rex says that "doing some quick math, it looks like the so-called savings of $50K/month is comparable to the loss of adding 5% to base salaries", but that’s not quite right.

I’m not sure how Rex calculates the savings, but I assume he’s looking at the loss of 9 net jobs, and assuming that base salaries for 9 jobs will come to about $50k/month. The fact is, however, that almost everyone on the editorial side at Gawker is getting a pay cut — in some cases, a quite substantial one. And with 114 former editorial employees remaining after this downsizing, the savings there are likely to be quite large.

Remember that up until now, base salaries weren’t really base salaries at all, but rather advances against your pay-per-pageview bonus. If you didn’t exceed your base salary comfortably and regularly, you didn’t just make less money: you risked being fired. What’s more, in most months, someone somewhere in the Gawker empire would hit a home run and bring in a really big bonus check with just one post.

Let’s assume that 10% of Gawker writers fail to get any advance in any given month; that 80% get a bonus of about 20% of base salary; and that 10% have hit one of those home runs and get a bonus of about 100% of base salary. And let’s say, pace Sorgatz, that payroll is $1 million per month, including bonuses. Then base salaries would account for about 79% of total payroll. Increase them by 5% but abolish all bonuses, and you’re still saving $167,000 a month — which means that Nick is saving more money by killing off pay-per-pageview than he is by reducing headcount.

Nick is also, now, much less exposed to tail risk than he was. Of course he loves it when a blog entry goes viral and gets an enormous number of pageviews. But those aren’t particularly valuable pageviews, as far as advertisers are concerned — and at the same time Nick has to pay out a large amount of money to the author of that post. If a few Gawker writers manage to come up with a massively viral blog entry all in one quarter, that could really screw up Gawker Media’s budget and cashflow.

Meanwhile, there’s yet more proof, if proof were needed, that the easiest way to make money online is not web advertising but email advertising: Peter Shankman’s startup Help a Reporter Out, which has a relatively small email list of just over 30,000 subscribers, is reportedly pulling in $3,150 a day — or $800,000 a year — just through selling ads in emails at between $650 and $1,250 a pop. Not at all bad, for a project which Shankman reckons uses up about 90 minutes per day of his time.

I think that one of the reasons is that email ads are like radio ads: it’s much more difficult to tune them out than it is banner ads on websites. Have you ever looked for a link on a web page and not been able to find it, cursing the web designer all the time for overlooking the most obvious link they should have included — only to find it on a third or fourth look in bright colors right at the top of the page? You missed it the first couple of times around because you mentally skipped over it, considering it to be an ad. That kind of thing doesn’t happen nearly as often in email advertising — and email advertising, of course, is much more targeted, and reaches many people who simply don’t surf the web for content.

I briefly popped in to a "how to make money from your blog" panel when I was at Blog World in Las Vegas. I didn’t stay long, but I did overhear one panelist say that he really didn’t care at all about ad revenues from his blog, which he thought of first and foremost as a way of getting extra names onto his email list. With numbers like Shankman’s, it’s easy to see why.

Update: Rex points out in the comments that he wasn’t talking about base-pay payroll reduction when he was referring to the $50,000/month in cost savings — he was referring to Nick’s own estimate of $50,000/month in bonus costs. My bad. But this way at least Nick eliminates his tail risk.

Posted in blogonomics | 1 Comment

Extra Credit, Friday Edition

Schwarzenegger to U.S.: State may need $7-billion loan

Things that make you go "eww": Trichet’s unfortunate choice of words.

Manhattan real estate prices headed downward

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Iceland: When Too Big To Fail Becomes Too Big To Rescue

We know that credit ratings agencies made enormous errors over the past few years when it came to rating structured products. And of course it’s never easy to rate leveraged institutions, like banks, which are susceptible to runs. But what about the more conventional credits, like sovereigns?

Last year, Moody’s briefly gave all of Iceland’s major banks, including Glitnir, a triple-A rating, on the grounds that if they ever got into trouble, the Icelandic government would bail them out. After much ridicule, Moody’s changed its mind. Clearly, it was silly to treat Iceland’s banks as though they were just as creditworthy as the sovereign.

Fast-forward to today, and Iceland has indeed bailed out Glitnir. But here’s the thing: Iceland’s credit default swaps are now suggesting that the sovereign itself is a distressed credit.

Contracts on Iceland’s debt jumped to 17.5 percent upfront and 5 percent a year to protect 10 million euros ($13.8 million) of bonds.

This is not how triple-A sovereigns behave. It’s as though the analysts at Moody’s were only able to see one step ahead, and not two: they could anticipate that Iceland would bail out its banks, but they couldn’t anticipate that when a tiny country bails out a bank whose assets vastly exceed the country’s own GDP, then the sovereign itself loses much creditworthiness. One scary datapoint: the assets of Kaupthing Bank amount to 623% of Iceland’s GDP, which is possibly why its own credit default swaps are trading somewhere over 2500bp.

How bad can things get in Iceland? Here’s what one local emailed Tom Braithwaite:

They are fighting powers that they are powerless to fight. It’s like tackling a storm raging in the sea with a teaspoon.

The main supermarket can’t get imported goods because they have no currency. The shops are half empty. One of the store managers has advised people to start hoarding. We’re running out of oil. And winter came last night – about a month early.

Received opinion has it that if Iceland backstops the Icelandic banks, then the other Nordic countries, or someone, will backstop Iceland. Which might be true: we’ll find out "very soon". But there’s no news yet.

Posted in banking, credit ratings, fiscal and monetary policy | Comments Off on Iceland: When Too Big To Fail Becomes Too Big To Rescue

So Much for the Bailout

On Monday morning, it looked as though Congress was going to pass the bailout bill, and the S&P 500 opened at 1,204. Here we are on Friday afternoon, and Congress has indeed passed the bailout bill; the S&P closed the week at 1,099. To get back to its Monday opening level, it would need to rise by 9.6%.

The bill, clearly, is not enough to turn anything around — not the banking system, and certainly not the entire economy. If it does restore confidence in banks, it will do so slowly: don’t expect the TED spread to tighten sharply on Monday. The best-case scenario right now is a long and painful recovery. The worst-case scenario starts with more financial-institution failures, probably in the insurance industry, and continues with a series of systemically-devastating falling dominoes, with the Fed and Treasury looking on powerlessly from the sidelines.

I don’t know how it’s possible to hedge against such a thing, but I do know that I wouldn’t want to be in equities were it to happen. Stocks might have fallen a lot, but they’re not yet cheap.

If you’re looking for a safe haven in these difficult times, I think that bank deposits and CDs (use CDARS if you’re over the $250,000 FDIC limit) are about as safe as you can get, and very liquid. ING Direct offers rates from 3.75% to 4.50%, depending on maturity: in real terms, you’re preserving your capital.

Alternatively, you might be tempted to jump in to the stock market at these levels. In which case I wish you the best of luck. There’s certainly a lot of upside there. But you have to have a strong stomach for losses and volatility. Whatever happens, I can guarantee you a bumpy ride ahead.

Posted in bailouts, stocks | Comments Off on So Much for the Bailout

Citi Examines its Carrots and Sticks

I just got off the phone with Carl Tobias, a professor at Richmond School of Law; I asked him whether the exclusivity agreement between Citigroup and Wachovia was worth the paper it was written on.

His take was that it’s extremely unlikely any court would enforce the "specific performance" remedy in the agreement: i.e., force Wachovia to go ahead with the Citi deal and leave Wells Fargo with nothing. "It’s draconian to have specific performance, it’s just too much," said Tobias. "Very few courts so far have enforced those kind of agreements. Most lawyers would advise their clients that they might have to pay money [for violating the agreement], but that it’s unlikely a judge would order them to consummate a deal of this sort."

Of course, the agreement specifically says that financial damages would not be an acceptable form of recompense — but there’s the law for you.

In any case, the chances are it won’t go to court. My best guess is that Citi is putting together a package of carrots and sticks to try to make its deal go through; the exclusivity agreement is in its arsenal of sticks, but Citi hopes not to have to use it in court.

Another stick may or may not be Sheila Bair. If she comes out in adamant opposition to the Wells Fargo deal, then Wachovia might well be stuck with Citi. But that seems unlikely at this point.

As for the carrots, the main one would surely be a sweetened offer. Citi’s also going to try to persuade the Wachovia board that they’re underestimating the value of the stub Wachovia, which they’ll continue to be in charge of if the Citi deal goes through. Maybe Citi’s investment bankers are trying to find another buyer for what’s left of Wachovia, to prove just how much it’s worth. In any case, they’re going to try very hard to demonstrate that the total value for Wachovia’s shareholders from the Citi deal is significantly higher than just the amount that Citi is paying for the bank.

Then there’s the more personal/emotional stuff. Citi will rake Wachovia’s executives over the public coals if they get those golden parachutes as a result of accepting the Wells Fargo offer. At the same time, they’ll promise to move the retail banking headquarters of a combined Citi-Wachovia to Charlotte, and to keep more Wachovia jobs, especially in Charlotte, than Wells Fargo might be inclined to do.

At the same time, Wells Fargo might be willing to pay some amount of money to Citi to make them go away, especially if it has a deal pretty much sewn up. So the noisier Citi gets, the better off it’ll be, even if it doesn’t get the big prize.

How much money might Citi hope to get as a de facto break-up fee? Well, its market capitalization fell by about $18 billion today, although Wells Fargo would never spend that much.

The market spoke today, and it spoke clearly: it thinks the Wells Fargo deal is going to happen, and that Citi is going to walk away with next to nothing. But I’m not so sure. Given the rise in Citi’s stock price that would result from snatching Wachovia back from Wells Fargo, I suspect Vikram Pandit would be willing to spend quite a lot of money and effort to make that happen.

Posted in banking, M&A | Comments Off on Citi Examines its Carrots and Sticks

How Have Credit Unions Survived the Crisis?

John Gapper has post up about "the enduring financial advantages of mutuality", talking about insurers, investment banks, and British building societies. The ones which went public got an immediate windfall upside, but also a longer-term downside:

One effect was that they took more risk in order to raise revenues and profits, and thus satisfy their public shareholders. Another was that they exposed themselves to a crisis of confidence, either in wholesale funding markets or the stock market…

The remaining mutuals are, in general, in a stronger and less exposed position as a result of their accumulated capital and non-public status.

Gapper doesn’t mention credit unions in the US, which is a pity. There have been no major credit union failures during this crisis, and I think that their mutual status has helped them weather it (so far) much more ably than the banks.

Credit unions were much more likely than banks to be assiduous mortgage underwriters, and to hold their own loans rather than selling them on: they generally avoided getting caught up in the originate-to-distribute model.

But it’s also worth noting another possible reason why credit unions have held up so well: they don’t mark their assets to market.

If credit unions were forced to mark to market, then the cashflow from all their long-term assets, including mortgages, would have to be discounted at current crazy credit-crunch interest rates. That would in turn reduce the value of those assets, hitting their capital base and possibly setting off a vicious spiral of write-downs and dearer money.

But since credit unions don’t mark to market, that hasn’t happened, and so far at least, confidence in credit unions seems to have held up very well.

I’m not saying that this survival technique would work for a public company — it probably wouldn’t. But it does go to show that a healthy financial system can exist without mark-to-market accounting.

Posted in accounting, banking | Comments Off on How Have Credit Unions Survived the Crisis?

The Citi Exclusivity Agreement

Here is the exclusivity agreement upon which Citigroup is placing so many of its hopes; it was signed by executives from both Citi and Wachovia. If it holds up in court, Citi might just be able to walk away with Wachovia. But I think that Citi’s best hope of derailing the Wells Fargo-Wachovia deal would be if Citi can persuade the regulators not to approve it. After all, as of right now, the Citi-Wachovia deal has regulatory approval; the Wells Fargo deal doesn’t.

Citi will also attempt to fight a public-relations war related to executive compensation: because Wells Fargo is buying all of Wachovia, rather than just the banking operations, it’s going to trigger the change-of-control provisions in Wachovia’s employment agreements. That could, in turn, mean $250 million going to Wachovia’s senoir management, at a time when politicians on both sides of the aisle are railing against exactly those kind of pay packets.

The exclusivity agreement does say what Citi says it says; the question, of course, is how enforceable it is. If it is enforceable, Wachovia might be forced to go through with the Citi deal. But the history of the credit crunch so far would seem to indicate that agreements on paper aren’t worth very much. And with Citi’s stock down 14% today even with the TARP going through, the market would seem to agree.

Posted in banking, M&A | Comments Off on The Citi Exclusivity Agreement

How Banks Hedge Counterparty Risk

Here’s the long post I promised yesterday on hedging counterparty risk. It’s by someone who wishes to remain anonymous, but who used to do this for a living at a very large bank. It’s also incredibly wonky, even without a section on correlations and netting agreements.

If you want to cut to the chase (the what, rather than the how), here’s a couple of excerpts.

A firm that wants to know how much money it would make or lose if a credit spread widens — or defaults — will aggregate the effect on credit derivatives that were explicitly written on that credit with the effect on counterparty risk due to derivatives with that counterparty. If you buy a CDS with a risky counterparty, your exposure to the credit of the reference credit goes down; your exposure to the credit of the counterparty goes up. If you accumulate a lot of risk on a single credit because you buy a lot of credit protection from it, that will show up in the risk reports, and you will hedge it just as you would if you had a lot of risk because you had sold a lot of protection to a client.

Ultimately, you try to hedge what you can hedge; what you can’t hedge, you try to quantify; what you can’t quantify, you try to understand; and what you can’t understand, you keep small enough not to sink the firm.

In the real world, what would all this have meant if AIG went bankrupt? If it did so in a vacuum, then there’s a good chance that the banks who bought credit protection from AIG would indeed have been hedged against such an event. But I don’t know whether all hedge funds have the kind of risk controls which are outlined in this post. And when markets simply seize up without prices, as they’re doing right now, hedging becomes effectively impossible. But to answer the narrow question of whether Goldman Sachs was justified in saying it was hedged against an AIG bankrupcy, I do believe the answer is yes.

Anyway, here’s the whole thing. From here on in, "I" means the former risk manager, not Felix:

I’d like to start with a general background note: in pricing any risk, where market prices are available, we take those as "correct". If there is a liquid market for the coin flip in the upcoming Super Bowl that places the odds of heads at 40% — we can take either side of a bet that pays off 3:2 — then the price of a contract in which our counterparty delivers a barrel of oil in February only if the coin comes up heads is 0.4 times the forward price for a barrel of oil, not 0.5 times. We will probably want to take a significant stake on that coin flip (supposing it is clean — there’s no counterparty risk or other complication associated with it), but we can do that directly, and for purposes of pricing anything else, the market tells us how much it costs us to increase or decrease our risk. This is the basic relationship between hedging and pricing: the price of an instrument is equal to the cost of hedging all of its risks. Conversely, if we know how the price of an instrument varies with respect to some market variable — interest rates, for example, or the implied probability of a coin flip — then we can hedge our risks by making trades with the opposite risks.

If we wish to price a corporate bond from a particular company, then, where the bond is less liquid than the associated credit default swap, we can get the price of the default swap from the market; this tells us how much risk there is. The price of the CDS tells us what the default risk is, and that default risk and risk-free interest rates imply a bond price. If we charge a customer that price for the bond, and then buy the associated default swap, we should have a portfolio that is risk free and produces a risk-free rate of return.

The temptation of technicians, especially those of an academic orientation, is to be overly concerned about making statements that aren’t quite true — we complicate things by over-explaining. Well, the last sentence of the preceding paragraph isn’t quite true; forgive me for the moment if I note: 1) I have assumed that the CDS itself does not have counterparty risk; if the reference credit defaults, we *will* be able to sell the bond at par; 2) I’m ignoring bid-offer spreads; we use a CDS price that reflects what we have to pay to lay off the risk, not necessarily the price at which the swap last traded in the market, and we will charge a customer something for our troubles; 3) I’m assuming the existence of an appropriate risk-free interest rate that I’m presuming is the correct amount to charge 4) a CDS+bond portfolio is actually not a perfect hedge, because if interest rates generally go up, the bond would be worth less than par even if it were risk-free; the credit risk is overhedged if interest rates are high (i.e. we make money if the counterparty defaults), while it is underhedged if interest rates are low (we only get par for the bond, rather than the higher price that a risk-free bond would offer). I’ll try to suppress the need to get this wonky in the future, but items 1, 3, and 4 happen to be things I want to touch on directly anyway.

Starting with 4, what one would prefer here would be a contract to buy back the bond not at par but at some value reflecting interest rates. In fact, this sort of thing could solve our problem for any contract; if we pay for an option on a stock, we just go to a risk-free counterparty and buy a contract from them that will buy the option from us (or pay us for its lost value) if the counterparty on the option goes bankrupt. This is a contingent credit default swap, CCDS, and a market for these things has developed, particularly in commodities, in the past few years. If one has a price for a derivative with a risk-free counterparty, and a price for the associated CCDS with a risk-free counterparty, the appropriate price of the derivative with a risky counterparty is the risk-free price minus the cost of insuring against the risk. The CCDS is not, generally, terribly liquid, so its price is derived from ordinary CDS prices and the prices of the associated derivative. One of the main tasks of derivatives desks at the big sell-side institutions is to buy complicated derivatives from clients and hedge unwanted risks in more liquid markets; it will use the same tools to hedge unwanted counterparty risk the same way it would hedge the risk if it sold a CCDS to a client.

Back to item 1: a CDS has counterparty risk. If you bought a CDS to protect you on AIG, but you bought it from Lehman Brothers, you’re not protected. If you were responsible, and had a lot of credit derivatives from Lehman Brothers, you probably then went and bought a CDS on them. In a simpler world, you could go around in a circle, buying insurance from a big set of counterparties on each other. In practice, because multiple counterparties can go bankrupt, you can’t hedge your risks perfectly; the best you can hope for is to minimize them and to understand them.

One of the big advantages to the development of the credit derivatives market is that it is now easier to view counterparty risk as a market risk. A firm that wants to know how much money it would make or lose if interest rates go up by one basis point can aggregate the effect on the value of all the derivatives the firm has. Similarly, now, a firm that wants to know how much money it would make or lose if a credit spread widens — or defaults — will aggregate the effect on credit derivatives that were explicitly written on that credit with the effect on counterparty risk due to derivatives with that counterparty. If you buy a CDS with a risky counterparty, your exposure to the credit of the reference credit goes down; your exposure to the credit of the counterparty goes up. If you accumulate a lot of risk on a single credit because you buy a lot of credit protection from it, that will show up in the risk reports, and you will hedge it just as you would if you had a lot of risk because you had sold a lot of protection to a client.

Everything I’ve mentioned up to this point involves pricing or hedging counterparty risk that has been incurred. Pricing involves passing along to the client the cost of protecting yourself against its credit; if you buy an option, you pay less for it from a risky counterparty than from a risk-free counterparty. This makes selling the option less attractive to the counterparty; for long-dated contracts, this can be a big effect. On the other hand — this was item 3 above — your actual cost of funds is going to be higher than a "risk-free" rate of interest, and if you’re putting up money up front, you need to make at least your own cost of funds on that. Accordingly, you end up charging the counterparty for your credit risk, too. Because of this, it is attractive to try to reduce the counterparty risk inherent in the contract. The simplest, first thing to do is to try to structure it as a swap; instead of my paying you for an option, I enter a contract with you in which I will pay you a fixed amount on the day the option expires. If you go bankrupt before then, I haven’t paid the money up front, and stand to lose a lot less. On the other hand, if I go bankrupt before then, and the option has lost value, you will lose value due to my failure to make good on the deal. Still, for certain kinds of contracts, the aggregate counterparty risk can be diminished considerably.

A more obvious solution is to require collateral; every time the value of the deal changes by more than some threshold amount — say the option has gained value, and I now stand to lose $5M if you go bankrupt tomorrow — you will post collateral that I can sieze if you go bankrupt, applying it to your debt. This has its complications. For one thing, if the derivative is illiquid, you might not agree that you now owe me $5M; you think the option is worth less than I do, and refuse to post the collateral. These things will typically be subject to arbitration clauses. For another thing, it will typically take time for you to post collateral. Even if we have a deal that is supposed to be fully collateralized — anytime the option is worth more than you have posted, you have to post more collateral — I can still lose money if the market moves against me between the last margin call you actually meet and the point at which I figure out that you’ve definitively defaulted. We can try to calculate the size of this risk, too.

All of this can, to varying degrees, go wrong, which is why there is still a point at which risk controllers will say "no more". It can be very difficult to hedge against several big market moves happening at the same time, which, when counterparties are going bankrupt, is usually happening. Some corners of bankruptcy law haven’t been tested, and, particularly in developing countries, the big foreign bank may find that laws that appear to be on its side aren’t seen that way by a local judge. Ultimately, you try to hedge what you can hedge; what you can’t hedge, you try to quantify; what you can’t quantify, you try to understand; and what you can’t understand, you keep small enough not to sink the firm.

Posted in banking, derivatives | 7 Comments