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Saks, Struggling to File Annual Report, Gets Notice of Default From Debt Holder





I should say this is a new business model for the hedge fund industry :-)

From New York Times:

Saks Inc., the department store owner under investigation by the Securities and Exchange Commission and the Justice Department, said yesterday that a hedge fund holding a portion of its $230 million in convertible notes sent it a notice of default because the company has delayed filing its 2004 annual report.

...

John C. Coffee Jr., a professor at Columbia University's law school and a specialist on securities law, said the action by the hedge fund was unusual, and was "a pretty aggressive strategy."

He questioned whether the hedge fund took its position counting on a default. In a default, the bondholder is entitled to 100 percent of the face value of the debt, he said, even if the holder paid less than face value.

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