A hedge fund is opposing already approved AMC Proposals in a new letter to court.
A group of AMC investors were quick to scrutinize the motion as well as other investors who weren’t particularly too fond of the AMC/APE conversion and reverse stock split.
Andrew Hahn of URSA Fund Management, LLC has filed a complaint against the approved conversion of AMC and APE.
Documents have been circulating online of the letter sent to Vice Chancellor Zurn; however, if you questioned the authenticity of the letter no one would blame you.
The letter to court was written rather unprofessionally, leading some investors to believe that the letter is not authentic.
The letter was e-filed on Monday, May 22nd by Co-Founder and Senior Portfolio Managers Andrew Hahn and Russell Douglas.
In the letter, the hedge fund managers question the authenticity of the proposal’s approval rate and oppose the implementation of the reverse split and conversion.
URSA Fund Management, LLC has a large put position against AMC Entertainment valued at approximately $57 million, per WhaleWisdom.
Both Fintel and WhaleWisdom report the hedge fund has more than 11 million shares in put positions with a small hedge in calls.
Shareholders who’ve stuck to their conviction in voting yes argue that the hedge fund’s disapproval must mean they are on the right path.
But as Mullen Automotive shareholders have experienced, these proposals only lead to bigger dilution and bigger shareholder losses, at least in the short term.
There’s no telling how the approved proposals will play in retail’s favor, though it means big cash for the company and one of its various lifelines from its investors.
AMC Lawsuit to Be Resolved in Late June
“Some misunderstand the 1-for-10 reverse stock split, approved by 87% of March 14 votes, saying we are “stealing 90%” of your shares. You forget that the share price rises 10-fold at that time. EXACTLY the same as trading ten $1 bills for one $10 bill. Either way, you have $10.”
Investors have questioned why the reverse stock split in the first place if ‘nothing’ truly changes, but AMC Entertainment needs the capital.
“In your comments, some fear that after a RS, short pressure could cause price to go back down. But you neglect that it is EVERY bit as easy to short a stock priced at $3.00 as it is on a stock priced at $30. A RS itself has NOTHING to do with any subsequent prices afterwards,” said the CEO on Twitter.
Today we’re seeing Mullen Automotive stock hit a new 52-week low after it went through a 1-for-25 reverse stock split, demonstrating a stock may indeed get shorted back down to pre-split levels.
AMC’s lawsuit is scheduled to be resolved sometime in late June.
A Delaware court is targeting June 29-30 for a hearing to consider the proposed settlement between AMC and plaintiffs regarding the conversion of APE equity into class A common shares, share issuance, and a 1-for-10 reverse stock split.
The approved proposals will allow AMC Entertainment to raise capital to pay down its debt and use cash towards other business ventures and ideas.
Vice Chancellor Morgan Zurn was set to consider the proposed settlement in early April that would allow AMC to move forward with its conversion plan.
However, it seems this case might be bigger than we thought.
“I think it’s going to be almost impossible to do this in less than 60 days, given the stockholder interest that we anticipate,” Zurn said.
The judge was open to “getting this wrapped up by the end of June,” suggesting June 29 or June 30 for a settlement hearing.
AMC stock is currently up nearly +28% this year-to-date.
Latest AMC Entertainment Stock News and Updates
AMC FTDs have reached new high records this year in both number of fails-to-deliver and dollar amount.
For the month of April, AMC FTDs soared between 17 million and 18 million, reaching new high records this year.
The dollar figure topped at $85.4 million on April 10th, though none of these number figures are cumulative.
FTDs, or Failure-to-deliver occurs when one party in a trading contract (whether it’s shares, futures, or options) fails to deliver on their obligations.
These failures derive due to buyers not having enough money to take delivery and pay for the transaction at settlement.
In the case of sellers, it means not having the goods to meet that transaction.
Failure-to-delivers can occur in options trading or when selling short naked, per Investopedia.
FTDs can also occur if there is a technical problem in the settlement process carried out by the respective parties (clearing houses).
In April, AMC CEO Adam Aron announced that the company had contacted both FINRA and the NYSE to look closely at the trading of their stock.
“Many of you, and we, are aware that AMC Entertainment has been on ‘The Threshold List‘ for 3+ weeks, indicating a number of FTDs.
Some of you may be pleased to learn that we have contacted both FINRA and the NYSE asking that they both look closely at the trading of our stock.”
However, the CEO has not updated shareholders on what the NYSE or FINRA said in regard to the skyrocketing volume of AMC FTDs or today’s new high record.
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