Quote from alanm:
That's a fail list from 15 months ago. It's typical of people that are convinced the whole world is out to kill "their" stock to post something like this. UVN is not currently failing, according to the threshold lists from the last two weeks, and can be easily borrowed in size from a number of firms.
The takeout bid is 36.25. The current narrow trading range reflects the narrow range of consensus of the merger arbitrage community about the likelihood of the deal going through. That is, the time value of money to hold the position between now and the estimated date of merger, plus the small estimated percentage chance of it failing is about 7.8%. If you see "big" blocks print, it's often because the arbs have a tight collar on the price that they're willing to sell or buy based on their failure estimate. The block trades when one arb disagrees with another arb or the public. Look at where the blocks are actually trading. If it's printing on the third market ('S' exchange ID), and you don't see it on INET's print list, it's coming from one of the block-crossing platforms (e.g. Pipeline).
If it's happening on the NYSE itself, look at any other major NYSE stock for similar action. When it becomes apparent that someone has a large block for sale, the quote will gap and prices will ramp down until you see the big block prints. Same thing in reverse for a buy. There is no reason, just from the price action, to think that this represents a short-sale. In fact, I'd guess that most institutional-size trades in a given day are not shorts, or are short only for the temporary purpose of facilitation of a buyer. The only thing that is usually a sign of a short is when you see a large offer for a non-uptick-exempt listed stock stepping down in price to a penny above the last sale (or the bid in the case of NASDAQ stocks). Note that this is not the case for UVN, which is uptick-exempt - they can short at will. Also, for NYSE stocks, I think this stepping-down can indicate that the spec is trying to short or sell from his own inventory, and is prevented by exchange rules from creating a minus-tick, though this will usually go on for much less time (much less size) than a short.
If you think UVN is priced too low for the risk, buy and then tender it. It's that simple. You're probably wrong, though. The merger arbs are pretty good. It's unlikely that you can outplay them unless you have access to inside info.