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Let the SPARCs Fly

By Steve Hecht on September 15, 2021
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As reported here in Bloomberg, after launching a record-size $4 billion SPAC last summer, Bill Ackman’s Pershing Square Tontine Holdings is unwinding and returning its invested funds back to shareholders.

In June, Pershing Square announced it was buying a 10% stake in Universal Music Group, surprising investors who had been expecting a classic SPAC merger.  After litigation was filed alleging that the SPAC was acting (improperly) as an investment company instead of an operating company, Ackman denied the merits of the lawsuit but also reversed course and aborted pursuit of the Universal Music stake.

In response to this controversy, Ackman has also announced that he is pursuing SEC approval for a new type of blank-check company, one that may have been better suited to take on the Universal Music investment: Ackman is contemplating the creation of a SPARC – a special purpose acquisition rights company – that would only take investor money after finding a deal.  If approved, existing Pershing Square shareholders may be given the option to participate in a SPARC down the road, in a vehicle under less pressure to identify an acquisition within the customary two-year period facing SPACs.

Photo of Steve Hecht Steve Hecht

Steve Hecht is a go-to trial lawyer for hedge funds, institutional investors, family offices, university endowments, venture funds and other investors interested in utilizing the legal process to create value for their own investors. Whether by activist litigation, fiduciary duty claims, or appraisal…

Steve Hecht is a go-to trial lawyer for hedge funds, institutional investors, family offices, university endowments, venture funds and other investors interested in utilizing the legal process to create value for their own investors. Whether by activist litigation, fiduciary duty claims, or appraisal and other valuation strategies, Steve has extensive experience across the gamut of options for shareholders.  He regularly tries cases in Delaware Chancery Court and around the country for clients seeking outsized returns. Steve is a partner of Rolnick Kramer Sadighi LLP.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Valuation Litigation & Shareholder Rights Blog
  • Organization:
    Rolnick Kramer Sadighi LLP
  • Article: View Original Source

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