Well, technically you are right but the bottom line is that D day is like 40 days away and that's what I mean. Its actually further than that because VRX has 1.2B in cash and 1.4B in revolver debt, they could pay off that just with an asset sale and only have to deal with bond holders. Then D day goes out even further. Then if by some off chance, there is still no 10-K by then, they can negotiate an amendment and they are likely to get it. Bondholders won't want to roll the rice on bk without knowing what is up with the ad hoc comittee, looking at the 10-k etcNot sure I agree with that...
Here's the relevant indenture:
http://www.sec.gov/Archives/edgar/data/885590/000119312515109400/d900048dex41.htm
My read of it (section 4.3) is that they're in default, but they have a 60 day grace period to cure it.
Ultimatetly, for things to go wrong, the short thesis has to be right about the cashflows and that's where I believe they are likely to be wrong
But the Ackman hate train has gotten to such a ridiculous level that I don't even have to be right about VRX anymore. PSH has been trading at a 15% discount to NAV (up from ~5%) recently. 10% is what they own in VRX these days, so effectively, VRX can go to $0 and I still wont lose anything (assuming the discount will come back in, which in the long-term I believe is pretty likely, they will also do buybacks if that gets out of line as written in the prospectus). I increased my stake by 25% and I'm looking to increase more
At $28 is just makes sense to fade the short thesis. If they are right, sure, its a $0, but if they are wrong (and Pearson's "cash EPS" is real), the stock is at 3 times earnings and the cashflows WILL be there to service debt. when people realize that, the stock will be at $100+. So from a r/r basis, its attractive. When the discount on PSH, then its just downright a nobrainer