Thursday, May 5, 2016

Why did Univ of Texas Investment Management Co sell out of Ziopharm?

*Full disclosure, I own ZIOP put contracts so my opinions and views are not without bias.

Was UTIMCO "mandated" to sell its holdings in Ziopharm?  Or was that just something a stock promoter made up?

Marketing is an interesting thing, sometimes it borders on propaganda.  Repeat something often enough, and many people come to accept it as fact, even if there are no facts to back it up.

Companies and their advertisers repeat a line over and over until it becomes embedded in the collective conciousness.  If I say "Maxwell House", the first words that will spring into the minds of many people will be "good to the last drop".  Hear the words "Fox News" and the statement "fair and balanced" will likely be associated, even by those who believe Fox News to by anything but.

Its not just in business either, branding statements are all over politics as well.  The city of Toronto had a famous and infamous mayor, who maintained much of his popularity even after numerous scandals and drug use because of the oft repeated line that he "saved Toronto taxpayers $1 billion dollars".  It wasn't true, but it was repeated so often that....in the minds of a good many people, it was.

Which brings me to Ziopharm and the Univ of Texas Investment Management Co or UTIMCO for short.

As most people reading this will be aware Ziopharm and Interexon entered entered into a licensing agreement with the University of Texas MD Anderson Cancer Center.  As part of this agreement Ziopharm issued 11,722,163 common shares to the Board of Regents of the University of Texas System.


Those shares have since been sold.  But why were they sold?

There's a Seeking Alpha blogger with the username Options2Wealth with over 700 followers on that site who's blogged frequently about ZIOP.  Back on November 29th 2015 he put up a posting: "ZIOP You Ain't Seen Nothin' Yet!". That was back when Ziopharm was trading over $13 per share.  He was predicting big things, to the moon....all the usual stuff.

Then in December 2015 the bottom fell out as the share price cratered all the way to about $5 by the end of January. 

Part of the reason for that drop may have been that the University of Texas reported selling off a large number of their shares, and they've since sold off what was remaining.  The question was (and is) why?

Seeking Alpha To The Rescue

Options2Wealth then wrote another blog posting entitled "Oh, What  A Whupping!" published February 21, 2016.

In this posting the writer explains why he'd been so wrong about the predictions he'd previously made.  And he wrote that the University of Texas' charter "mandated" that UTIMCO had to sell any unrestricted securities, and not to be worried about it because they had no choice basically:
  • ZIOP shares that MD Anderson received as part of the landmark agreement it signed with ZIOPHARM and Intrexon in January 2015, were all sold off by the Committee tasked with managing MD Anderson's investments...(Not because the Committee lost faith in ZIOP's technology and decided to bail, but it disposed off those shares because its charter so mandates...) - *Bolding is mine.
And that's all well and good.  But is it true?  Or is it like former Toronto Mayor Rob Ford's claims that he never used drugs?

If you check that blog posting on this supposed "mandate" you will see that I asked for the author to provide a link to that information, but I did not get a reply.  Just another poster saying:
  • If the endowment funds receive unrestricted securities, UTIMCO will follow a liquidation plan to convert the securities to cash (see Plan below). When the Funds receive distributed securities, Securities Operations notifies the liquidating investment manager and indicates any restriction on the sale of those securities. If the endowment funds receive restricted securities that cannot be immediately sold, the securities are held until they become unrestricted and then are liquidated based on the liquidation plan for distributed securities."
I replied again asking for a link, but again there was never any reply to my request.  I've done numerous searches of the verbiage in that reply looking for a verifiable source, but have so come up totally empty.  All I find is that its been cut and pasted into investor forums all over the place.

The share price then recovered, getting up close to $10 by the beginning of March 2016.  Did this widely disseminated "information" (sic) about UTIMCO being "forced" to sell help shore up investor confidence?

I have conducted my own research on the matter and have found nothing about UTIMCO being mandated to sell unrestricted securities, like those paid to them by Ziopharm

Is there a mandate or not?  I'm guessing that a lot of ZIOP shareholders are under the impression that there is.  Ziopharm has quite the footprint in social media.  At InvestorVillage the ZIOP thread is pretty much always the most active board.  On stocktwits the ZIOP stream has over 4,000 IDs watching it.  And on Yahoo's board for ZIOP, this story that UTIMCO had no choice but to sell is accepted as fact, just as it is on all the other social media sites I've looked into.

Just like with Maxwell House and Fox News....I bet if you asked most ZIOP shareholders why UTIMCO sold they'd answer:  "Oh, they had to sell...its part of their mandate", based on what they've seen on social media.

My own research on the matter led me to this:


And to this:

I find it hard to reconcile an organization with an "equity orientation" divesting equities unless it had reason to believe that it was a good time to sell, not because of some "mandate", that I'm unable to find information on anywhere except via second hand sources on social media sites with no attribution and links.

Now....could I be wrong?  Absolutely, if someone could provide a link to information about this charter that mandates stocks like ZIOP must be disposed of, then I will be happy to acknowledge having been mistaken.



9 comments:

  1. https://www.utimco.org/extranet/WebData/INVESTMENT/DistributedStockPolicy.pdf

    ReplyDelete
  2. Wow, dude, the sick obsession continues! UTIMCO does not keep/hold large biotech investments for a long time! And with all the fear in the market last year, it was not so illogical that they sold out at year end, as it was only a payment for Intellectual Property & not a usual investment for them. Also, as for ZIOP price performance, that you criticize whether the price is at $6.8 or $12 or $14, just look at others like JUNO & KITE and even the XBI index, all (all of them) at lows not highs, but you keep insisting that all of this is due to the incompetence of ZIOP or XON....LOL! You are hilarious! Also, Ziopharm has major I/P advantages acquired from MDA and via Intrexon, such as the non-viral Sleeping Beauty Transposon vector for T cells, that is proven over many years to be safer, less cost, faster & better for regulatory approval, so if after Intrexon improved upon SBT in pre-clinic, when they do release that data update (maybe this summer), it will not matter that they are early (these T cell tx's can be approved after Phase II anyway), because, Merck Serono will have to make a decision, to either pay up Billions for more CAR targets (& maybe add in tCR & other) or just buy the whole lot of ZIOP for $2 to $3 billion, maybe. It is not rocket science dude. And, Kirk and Cooper both have said that there is much interest in ZIOP, for TCR partnering and other, yet no deal yet in over a year. Might they be waiting for a year to pass, so that the tax advantage comes on those free shares given away (of ZIOP) by XON last year at $9.67 (?) Why did Kirk go to that trouble to begin with? Is it just Merck Serono that is interested in a deal w/ ZIOP and XON? Might they partnering up with the asset ad-RTS-IL12 or just RheoSwitch in Oncology? Have you really done your due diligence? I doubt it.

    ReplyDelete
  3. Where have I ever accused ZIOP, or XON for that matter of being "incompetent"?

    ReplyDelete
    Replies
    1. Maybe not your exact words, but one could easily get that non-loving sort of feeling.

      Delete
    2. I don't like over the top pump and promotion...but I don't think ZIOP as a company is "incompetent", just grossly over valued.

      Delete
    3. This comment has been removed by the author.

      Delete
  4. Oh well, that is your mantra, criticizing the $13 to $14 price chaser while many of us bought and added way back under $3 - what pump & promotion anymore than any other company? Only recently did Intrexon start someone on Twitter & all they promote is mainly Oxitec GM mosquitos & Arctic Apples - no Ziopharm at all (in fact very silent of late on that) - Ziopharm does no promotion, and certainly not many insider sales, like those in Juno or Kite. Overvalued? For being one of the top companies involved in curative T cell therapy aligned w/ MDA and Merck Serono & only 2 targets chosen by Merck so far, and one of the few top CAR players w/ many un-partnered assets, under $7 here, you have to insane to sell right here. And Kirk, one of the few in the business willing to sell a company before full maturity, I would be very afraid to short in the next year. Just my opinion.

    ReplyDelete
    Replies
    1. Those that got in when trading was light, before Griffin BMO and the other shops underwriting their dilution in 2015 weren't yet putting out their $20+ price targets....they did extremely well obviously, even if they missed selling for $10+....if they bought in 2014 for $3 or so...they're still up big time.

      Of course ZIOP didn't start grabbing everyone's attention all over social media until after they paid Anderson for the "partnership" and the secondary that saw all the underwriting houses with analysts putting big price targets out.

      I've been hearing that ZIOP is a great investment since March of 2015 when it was over $13.....the same arguments that were used then are being used now.

      Fact is this is bio tech and Ziopharm is at the very early stages still.....they got to phase III once and guys like the Griffin analyst were touting FDA approval as being expected.

      Might they develop something in 2020 or later? Its possible, but according to their own filing they're only have enough cash to last another year and a bit....and even in making that projection they allow that its "forward looking" and that it could be wrong.

      At any rate good luck....I was told I was an idiot for not seeing $13 and $14 as a bargain, I still don't see $5 or even $6 as a bargain. $2 or $3? If it does get that low I might consider it....

      Delete
  5. Here is the text of the link: It refers to securities distributed to the PUF and GEF funds....PUF being Permanent University Fund and GEF being the General Endowment fund.

    The SEC filing: http://www.sec.gov/Archives/edgar/data/1019231/000101923115000008/sec13gziopharm.htm

    It makes no reference to the PUF and GEF funds.

    ** The following information was just posted to the comment section: Appx 8:30 am 5 May 2016

    https://www.utimco.org/extranet/WebData/INVESTMENT/DistributedStockPolicy.pdf

    UTIMCO Guidelines for Liquidation of Distributed Securities from investments in Non-Marketable Limited Partnerships Purpose:

    To address liquidation of public securities, which have been distributed to the PUF and GEF (“Funds”) from the Funds' limited partnerships. Background: Limited partnerships are the primary investment vehicles for the Alternative Non-Marketable Asset Class.

    These partnerships may distribute publicly traded equity securities in lieu of cash to the endowment funds. These securities will be received in one of two forms, restricted or unrestricted. If the endowment funds receive unrestricted securities, UTIMCO will follow a liquidation plan to convert the securities to cash (see Plan below). When the Funds receive distributed securities, Securities Operations notifies the liquidating investment manager and indicates any restriction on the sale of those securities. If the endowment funds receive restricted securities that cannot be immediately sold, the securities are held until they become unrestricted and then are liquidated based on the liquidation plan for distributed securities. Some restricted securities can be sold with the proper paperwork (Rule 145 is a Seller’s Rep letter as to affiliation and recently sales; S-3 Registrations require delivery of the appropriate prospectus; Rule 144 has many variations). If the restricted stock can be sold at the time of distribution, the liquidation plan can be followed.

    Liquidation Plan ·

    By default, the liquidating investment manager will attempt to sell distributed securities within a reasonably short period of time (usually one month). The manager will have discretion regarding the timing of the sales, but will attempt to maximize the value of the distributed securities within this time frame. ·
    If the CEO or any Managing Director of Non-Marketable Alternative Investments or Public Markets wishes to override these guidelines, such individual will write a brief memo to describe the rationale for such decision.

    ReplyDelete