Trump’s greatest choice to get $540M might be ‘clear’ property, personal lenders

Republican presidential candidate and former U.S. President Donald Trump speaks during a Fox News town hall at the Greenville Convention Center in Greenville, South Carolina, on Feb. 20, 2024.

Justin Sullivan | Getty Images

Donald Trump is racing to stave off a pair of civil penalties totaling nearly $540 million, without having to first put up the full amounts in cash or bonds.

The former president’s lawyers claim that he would face “irreparable” harm if required to fully secure his judgments in order to keep them from coming due, and might even have to quickly sell off properties that can’t be rebought.

They also say Trump can’t simply post a cash deposit — at least not in his New York civil business fraud case, where he is facing $454 million in fines and interest alone.

“No one, including Jeff Bezos, Elon Musk and Donald Trump, has five hundred million laying around,” Trump’s attorney Chris Kise told an appeals court judge last week.

But legal experts say there’s another option that Trump’s lawyers haven’t mentioned in the court filings: Trump could offer up some of his properties as collateral to borrow what he needs — potentially from private equity sources.

There are “lots of private lenders out there in the debt markets and private equity markets that could lend” to Trump, said Columbia University law professor Eric Talley.

“In all cases, the loans would probably have to be secured with Trump properties, but if there is enough equity in some of them, he should be able to obtain secured credit, even on a compressed timeline,” Talley said.

In this courtroom sketch, former U.S. President Donald Trump looks on as his attorney Alina Habba delivers closing arguments during E. Jean Carroll’s second civil trial in which Carroll accused Trump of raping her decades ago, at Manhattan Federal Court in New York City on Jan. 26, 2024.

Jane Rosenberg | Reuters

The professor underscored the irony of Trump using his real estate to fight a lawsuit in which he was found liable for fraudulently inflating his property values for financial gain.

Any loans “would themselves involve making declarations of the value of the property — and that of course is what got him into this mess to begin with,” said Talley.

But accurately appraising the value of Trump’s assets is not a serious obstacle. As Trump’s lawyers noted during the fraud trial, the institutions that have lent him money already have conducted their own analyses of Trump’s finances, and did not rely solely on the claims at issue in his financial statements.

A more important factor could be whether Trump’s real estate assets are already mortgaged, said law professor John Coffee.

“He would have to come up with clean real estate property that is not already securing something that some other bank has a lien on,” Coffee said.

“Does he have that property? I can’t tell you.”

More CNBC news on Donald Trump

What Trump owns

As of late January, the Trump Organization comprised 415 entities, according to Barbara Jones, a retired federal judge tasked with monitoring the company’s finances.

Of those, Jones identified 70 operating entities that generate revenue. That includes long-term leases of buildings such as 40 Wall Street, commercial office space on 13 floors of the 58-story Trump Tower, plus the Trump National Doral Miami resort.

In New York City, the value of Trump’s real estate holdings totals $690 million, according to a September 2023 estimate by Forbes. Some of the most prominent buildings that bear Trump’s name in the city are largely owned by other entities.

New York Attorney General Letitia James, who brought the fraud case, said she would seize Trump’s real estate assets if he cannot pay his civil penalty.

“There’s absolutely no reason for the New York attorney general to be kind and gentle to him if he doesn’t post the bond,” Coffee said.

A view leading into Trump National Doral in Miami, Florida, on April 3, 2018.

Michele Eve Sandberg | AFP | Getty Images

Trump said in a deposition last year that he had “substantially in excess of $400 million in cash.” But his lawyers claimed last week that, if Trump is forced to secure the full $454 million penalty, “properties would likely need to be sold to raise capital under exigent circumstances.”

They instead offered to post a $100 million bond, but New York appeals court Judge Anil Singh rejected the proposal.

Unless a full appeals court reverses Singh’s decision, Trump has until March 25 to post an “undertaking” — cash or bonds — covering the entire penalty in order to stop it from taking effect during his appeal.

Trump has also asked a federal judge to delay another fast-approaching deadline to pay an $83.3 million penalty in E. Jean Carroll’s civil defamation case.

Carroll’s attorneys argued that Trump’s request “boils down to nothing more than ‘trust me.'”

Trump’s next move

If Trump does attempt to sell assets to meet his undertaking, he won’t have much time to get it done.

He would have to hire a broker to market his properties, and any deal would have to close to free up the cash to use toward a bond, said Neil Pedersen, owner of New York-based bond agency Pedersen & Sons.

“There could be opportunistic buyers approaching him as well,” Pedersen noted.

So far, Trump has given no indication that he is moving in that direction.

“There are no sales planned or contemplated,” Kise told CNBC in an email before Singh’s ruling. “So no appraisers hired, no steps taken, etc.”

The Trump Tower on 5th Avenue is pictured in the Manhattan borough of New York City on April 18, 2019.

Caitlin Ochs | Reuters

After Singh ordered Trump to pay the full penalty, Kise and Trump’s other attorneys did not reply to questions about whether they were now preparing to sell off properties.

Coffee said Trump “can very likely” get a loan to help him meet his undertaking. That’s in part because Singh temporarily halted another penalty that would bar Trump from applying for loans from New York registered lenders.

Moreover, said Coffee, Trump is well-known within New York financial circles, so he is “not going into a market with strangers.”

“The real problem is, can he give the banks enough collateral that they’re satisfied?”

Talley agreed. “There is a lot of ‘dry powder’ out there — not just with banks, but also in non-banks,” he said.

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High Political Strategist Says Trump Is Getting Worse And Melting Down

Paul Begala said that Joe Biden hasn’t really changed, but Trump’s mental abilities have gotten worse, and he’s melting down.

Begala said on CNN, “Remember when Joe Biden confused Barack Obama with Donald Trump? Oh, wait, no, that was Trump. Well, remember when Joe Biden was under oath, and he mistook a woman he raped for his wife. Oh no, that was Donald Trump. In other words, I think the coverage of this has, has frankly, not been very accurate, right? Biden’s gaffes have always been built in. He’s always had his verbal slip-ups, as we all do. I’ve known him for 35 years. I haven’t seen it really get worse. Trump is getting worse. He’s  elting down.”

Video:

Paul Begala tells @Acosta about Biden and Trump “Gaffes have always been built in. He’s always had his verbal slips as we we all do. I’ve known him for 35 years. I haven’t seen it really get worse. Trump is getting worse. He’s melting down. ” pic.twitter.com/GriaFpHxUz

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— Sarah Reese Jones (@PoliticusSarah) March 5, 2024

Begala is right. The coverage has been unfair. He went on to say that if Biden did any of the things that Trump has done, there would be four-inch headlines in The New York Times, and it would dominate the news.

The good news is that Biden and his party are not powerless in this situation. Part of the answer is what the White House has started doing. President Biden is getting out there and doing more interviews. The more visible Biden is, the more concerns about his age will ease.

The second half of what Democrats can do is highlight Trump’s decline. It needs to be made clear to the American people that this Donald Trump is not the same person who ran in 2016 and 2020. They can hammer the idea that Trump is in decline in every media appearance, and they can use some of their massive fundraising advantage to define Trump with ads, while he and the Republican Party are broke.

The vast majority of voters are paying zero attention to the election right now, but Trump seems to be declining more by the day, and Democrats should be ready to highlight this reality in every way possible.

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Viking Therapeutics emerges as competitor

Cr | Istock | Getty Images

Biotech company Viking Therapeutics has emerged as a strong potential entrant — or takeover target — in the budding weight loss drug market. 

Viking is just one of several companies racing to join the growing space. Some analysts say the market could be worth $100 billion by the end of the decade.

Viking aims to compete with injectable drugs from Eli Lilly and Novo Nordisk. Their treatments sparked the weight loss drug industry gold rush over the past year despite their hefty price tags and barriers to insurance coverage. 

Some Wall Street analysts said Viking’s experimental obesity treatment may be “best-in-class.” In a midstage trial, an injectable version of Viking’s drug appeared to promote even greater weight loss than Eli Lilly’s Zepbound.

Viking gave a first glimpse at data from that study on Tuesday, and its shares soared 120%. The promising results make the company an impressive potential player in a market that will likely have room for more entrants in the coming years. 

Goldman Sachs projects that between 10 million and 70 million Americans will be taking weight loss drugs by 2028. Eli Lilly and Novo Nordisk have also struggled to offer enough supply of their treatments, giving other companies a chance to win market share.  

The new data also makes Viking a more attractive deal target for larger companies trying to break into the space or expand their obesity treatment offerings.

It’s too early to say whether Viking’s drug could have an edge over existing or developing weight loss treatments. It’s difficult to compare therapies without pitting them head to head in the same clinical trial. 

Viking also needs to conduct a late-stage study on its drug, and likely won’t launch the injection until the later part of the decade. The small company faces hurdles to entering the market, such as manufacturing enough of the drug to meet booming demand. But an acquisition by a larger company could help solve some of those issues.

Data suggests Viking’s drug may have an edge

Viking’s phase two trial followed more than 170 patients who are overweight or obese. They received different dose sizes of the injectable drug or a placebo.

The trial did not directly compare Viking’s treatment to other drugs. Still, many analysts compared Viking’s injection to Eli Lilly’s Zepbound, largely because they work the same way. 

An injection pen of Zepbound, Eli Lilly’s weight loss drug, is displayed in New York City on Dec. 11, 2023.

Brendan Mcdermid | Reuters

Both drugs imitate two naturally produced gut hormones called GLP-1 and GIP. GLP helps reduce food intake and appetite. GIP, which also suppresses appetite, may also improve how the body breaks down sugar and fat.

Meanwhile, Novo Nordisk’s weight loss injection Wegovy only targets GLP-1. 

Analysts were particularly impressed by the weight patients lost after they took the highest dose of Viking’s drug. Those who received a weekly 15 milligram dose of the treatment lost 13.1% of their body weight on average after 13 weeks compared to those who took the placebo. 

Notably, there was no evidence of a plateau in weight reduction at week 13 for any dose of the drug. That suggests that “further weight loss might be achieved” by keeping patients on the treatment longer, Viking CEO Brian Lian said during a call with investors on Tuesday.

Viking’s drug data shows a “best-in-class profile” among both approved and experimental weight loss drugs with phase two trials, William Blair analyst Andy Hsieh wrote in a note Tuesday. Eli Lilly’s Zepbound generated roughly 7% weight loss relative to a placebo after 12 weeks in a phase three clinical trial, Hsieh noted.

Viking’s drug also appears to top Novo Nordisk’s weight loss injection Wegovy, according to a separate Tuesday note from BTIG analysts.

Based on chart data from a phase three trial, the analysts estimated that Wegovy caused around 5% weight loss at 13 weeks compared to a placebo.

Meanwhile, several analysts estimated that some doses of Eli Lilly’s experimental injection, retatrutide, caused between 9% and 13% weight loss relative to a placebo at 13 weeks based on chart data from a midstage trial.

The majority of adverse side effects that patients experienced after starting Viking’s drug were mild or moderate. Many of those instances were gastrointestinal, which is common across all weight loss and diabetes treatments.

Around 20% of patients who took the 15 milligram version of Viking’s drug discontinued treatment early in the study. That compares with around 14% of those taking the placebo who stopped early in the trial. 

But Jefferies analyst Akash Tewari wrote in a note Tuesday that Viking’s trial used faster “titration” in patients. That refers to increasing the dose size a patient takes over time until they reach a target dosage level. 

He said Viking may be able to make its drug easier for patients to tolerate in a future trial with slower titration, which could potentially lower the treatment’s efficacy. 

Viking still has a long way to go

Despite the compelling data, Viking has far more work to do before it can compete in the weight loss drug market. 

The company plans to meet with the U.S. Food and Drug Administration later this year to discuss a clinical development plan for the treatment. 

Viking CEO Brian Lian told investors on a call Tuesday that the company will likely conduct another phase two trial that could last six to nine months.

Jefferies’ Tewari estimates that Viking’s treatment won’t reach the market until 2029 or later. A late-stage trial on the drug could be lengthy. Eli Lilly’s phase three study on Zepbound lasted two and a half to three years.

The late entrance of Viking’s drug is one reason why Tewari doesn’t believe the company will meaningfully cut into Eli Lilly’s market.

The pharmaceutical giant could also launch a slate of other weight loss treatments over the next few years that may have advantages over Zepbound, whether they offer more weight loss or convenience. They include Eli Lilly’s experimental pill orforglipron and the widely watched retatrutide, which mimics three gut hormones instead of two. 

An Eli Lilly and Company pharmaceutical manufacturing plant is pictured in Branchburg, New Jersey, on March 5, 2021.

Mike Segar | Reuters

Analysts from Deutsche Bank added in a note Tuesday that manufacturing the treatments “at scale to meet outsized demand has proven to be no easy feat.” They said that gives Eli Lilly and Novo Nordisk a “defensive moat” against rivals.

Viking acknowledged this hurdle on the call Tuesday. Lian said the company has enough supply of the drug to support its clinical trials, but its manufacturing capacity is insufficient for a commercial rollout. 

But Lian noted that the company is “spending a lot of time” evaluating multiple manufacturing processes to understand “what’s fastest, what’s highest yielding, what’s cheapest and what’s most scalable.” 

Partnerships, buyouts are on the table 

Viking’s impressive data could make it an attractive target for a takeover or partnership with a large pharmaceutical company. That could give Viking the commercial and manufacturing capabilities needed to compete in the weight loss drug market. 

William Blair’s Hsieh added that large pharmaceutical companies could maximize the value of Viking’s treatment because they could better navigate the rebate and reimbursement landscape for weight loss drugs.

Some analysts expect other companies to have high interest in Viking.

“This very well could be on the shopping list for any large-cap pharma or biotech company that wants to be in the obesity market but currently doesn’t have a drug. There are plenty of them out there,” Oppenheimer analyst Jay Olson told CNBC. 

He added that a company could “pay a pretty significant premium for Viking and pick this up … for a relatively low price compared to the potential that exists for a drug like this.” As of Friday, Viking had a market cap of more than $8.5 billion.

Injection pens of Novo Nordisk’s weight loss drug Wegovy are shown in this photo in Oslo, Norway, on Nov. 21, 2023.

Victoria Klesty | Reuters

Viking is an appealing deal target because of more than just the new data. Wall Street is eager for the company to release early-stage trial results on an oral version of its weight loss treatment this quarter. 

The BTIG analysts noted that the intellectual property coverage for both versions of the drug extends beyond 2040, “boding well” for potential partnership discussions. 

Viking also has other drugs in development, including a promising oral treatment for a certain form of liver disease. Eli Lilly, Novo Nordisk and other drugmakers are also racing to see whether their drugs can treat that same condition. 

Viking hasn’t disclosed any details about its discussions with potential partners. But the company has “always been open to partner discussions since day one, so we’re always opportunistically evaluating whatever is presented to us,” Lian said during Viking’s fourth-quarter earnings call last month. 

Other drugmakers have pursued deals over the past year to carve out a space in the weight loss drug market. 

Swiss company Roche said it would buy the privately held U.S. obesity drugmaker Carmot Therapeutics for $2.7 billion. AstraZeneca signed a licensing agreement with Chinese biotech company Eccogene to develop an obesity pill. 

Even Novo Nordisk and Eli Lilly have snapped up smaller obesity drug companies this year to maintain their dominance in the market.

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The Taylor Swift financial system has reached each city in America

Amanda Edwards | Getty Images Entertainment | Getty Images

In Middletown, Ohio, a line of fans snaked around the Skateway’s parking lot on Presidents Day. Traffic backed up on the main street out front. A pizza truck lumbered into the already crowded lot to deliver some pies. A crowd of predominantly young girls showed off Taylor Swift-themed bracelets and sang “Shake It Off.”

The atmosphere had all the trappings of an Eras Tour stop. Except the singer was nowhere in sight.

But that didn’t matter to the crowds of people who attended. And it didn’t matter to the rink owners. Over 300 skaters and some parents took the small rink close to capacity during the two-and-a-half hour “Swiftie Skate.”

The event was so popular that the rink owners are planning a repeat soon.

“We know Taylor Swift is popular; her music is the most requested at the rink,” said Ginny Kidd, Skateway spokesperson. Kidd said the skate session was augmented with Swift-themed friendship bracelets, t-shirts, themed drinks, and the top Swifty fan crowning.

 “It was one of our most successful events,” Kidd said.

Gonzaga University economics professor Ryan Herzog says that while quantifiable economic data is challenging, it makes perfect sense for small businesses like Skateway to try to get a cut of the Taylor action.

“Nothing is preventing a rink from playing Taylor Swift music and getting a line out the door. Those numbers won’t show up in economic data but will show up in the bottom line of small businesses,” Herzog said.

Herzog and New York Times Op-ed columnist and Nobel Prize-winning economist Paul Krugman developed a class of economic principles tied to Taylor Swift’s success.

“She is in and of herself an economic event. She is a global economic phenomenon, even at the micro level,” Herzog said of the singer, who earlier this week was named to the inaugural CNBC Changemakers list, which spotlights women bringing innovation to the business world and global economy. 

The Taylor Swift events that don’t involve Taylor Swift showing up range from library events, to bar crawls, cruises, painting parties, dance parties, and more. 

At Lumi by Akira Back, an upscale Japanese food restaurant in San Diego’s trendy Gaslamp Quarter, restaurant management decided to host a Taylor Swift Brunch on the same August weekend the singer was scheduled in Los Angeles.

“Within a few hours, we had sold out the day,” said Katie Bosworth, director of marketing for RMD Group, which owns Lumi.

The rethemed menu featured $13 mimosas in homage to the star’s favorite number, cocktails named after Swift’s cats, and a bracelet swap as the singer’s remixed music played. The restaurant added another Swift brunch the following weekend and plans a listening party when the singer’s new album is released in April.

More from CNBC Changemakers

The brunch attracted 140 people for each and a waiting list. Bosworth says the response to Swift is comparable to the boost the restaurant gets during San Diego’s Comic-Con convention, which draws over 100,000 to the city, and that the economic ripple effect was evident in the brunch-goers that then went shopping at the artisan market in the adjacent Gaslamp District.

“It’s a great way to cross-pollinate business,” Bosworth said, adding that the restaurant used the experience to engage with potential new customers. They expected the brunch to attract regulars, but it brought mainly Swift fans who had never been to the restaurant.

The Swift microeconomy reaches all corners of the country, and cuts across age groups.

Katie Lovell, private events manager for the Palace and Rex Theatres in Manchester, New Hampshire, wanted to hold a dance party to bring some younger customers to the local landmark. She thought that a Taylor Swift event would be successful.

The theater held two Swift dance parties on December 30, and they both swiftly sold out. Tickets were $20 for children under $12 and $25 for older.  Lovell, herself a Swiftie, put together a playlist and video content, created signature drinks, a bracelet station, a face glitter station, a photo booth, Swift cardboard cuts, and more for the attendees.  

“It was a really fun event, very positive,” Lovell said. She could see the economic ripple effect that the 600 attendees created outside the theater.

“People went out to eat and shopping downtown,” Lovell said, adding that for a lot of people that came, it was the first time to the Rex Theater and downtown Manchester. The event was such a success they’ll be holding another one on March 23.

The Swift Lift: Restaurants see massive boost in sales within 2.5 miles of Eras Tour venues

With so many Taylor Swift items and terms trademarked by the singer (Swifties, for instance), some marketers are careful to tiptoe around violations.

Rebecca Landry, a Swiftie mom and travel agent in Frisco, Texas, responded to her 18-year-old daughter’s wish for a Taylor Swift cruise by organizing one herself. Landry put together a Taylor Swift-themed cruise that complete with a midnight pajama party, Taylor trivia, bingo, and karaoke, on Royal Caribbean, leaving Galveston in June. She wanted an event catering to small-town Swifties in the Plains that couldn’t make it to Miami, where some larger lines have Swift-themed cruises. Landry is christening it the Summer Era Cruise but is careful to point out that the event is not affiliated with the singer. 

Why the Swift microeconomy is good for Taylor, too

Brittany Hodak, celebrity branding expert and author of “Superfan,” says these small venues probably don’t have to worry about hearing from Swift’s attorneys.

“Her team is savvy enough to know anytime she sends any letter, there will be coverage. So their strategy in protecting themselves is not so teenage fans in Montana can’t throw a skating rink party but to keep larger organizations and business models from making millions by creating confusion in the marketplace, by having fans think there is an affiliation or support from Taylor for things that don’t exist,” Hodak said.

And for Swift, these small-town celebrations’ economic impact and branding benefits are significant.

“One of the most powerful things that she has done is create a community that her fans want to be a part of in any way they can. Since she is only one person, she can only be in one city at one time. For superfans who can’t be where she is that night, there is still a desire to come together communally to celebrate and take joy,” Hodak said. That joy has created its own “Swift micro-economy” that may fly under the Federal Reserve’s radar — its Beige Book on national economic performance recently included an accounting of the Eras tour impact on Philadelphia — but not the radar of the local craft shop or dance studio.

“She has been able to create an entire economy around people who love and support her,” said Hodak, who worked with Swift on some projects early in her career.

Small businesses will continue to capitalize with the new Swift album due out in April and the singer’s popularity sky-high. 

Herzog, however, thinks that the Swift economic phenomenon will fade over time.

He may not be a hater, but he said, “I think we are at peak.”

Does Zac Efron Plan on Being a Dad? He Says…

Zac Efron Loves Those Taylor Swift & Travis Kelce Comparisons to ‘High School Musical’

When it comes to the idea of fatherhood, Zac Efron is soaring, flying.

In fact, the High School Musical alum recently told E! News, “I think I’d love to have kids one day.”

And while Zac has kept his love life out of the spotlight in recent years—he and model Vanessa Valladares split in 2021 after nearly a year together—he has put his family life on full display. After all, he and brother Dylan Efron, 32, have often given glimpses into life with their younger half-siblings Olivia, 4, and toddler Henry

In fact, The Iron Claw star makes it a point to always show some love for his younger brother and sister—showcasing memories with them at the circus and even declaring Olivia to be his Valentine last year.

Back in 2022, the 36-year-old shared a series of sweet snaps with Olivia in honor of her birthday, including him holding her and another of him kissing her on the head. And he let the pics do all the talking as he simply wrote, “Happy bday lil sis.”

Trump Media sued over DWAC merger share dilution

Donald Trump, right, and producer Andy Litinsky, left, attend the Comedy Central Roast of Donald Trump at the Hammerstein Ballroom in New York City on March 9, 2011.

Michael Kovac | Wireimage | Getty Images

Former President Donald Trump was accused in a lawsuit on Wednesday of trying to “drastically dilute” the value of stock shares in his social media company held by the firm’s co-founders, potentially depriving them of hundreds of millions of dollars in profits.

The partnership, United Atlantic Ventures, alleges that Trump Media & Technology Group engaged in “wrongful 11th hour … maneuvering” to dilute UAV’s minority stake in the media company, a court filing says.

The Delaware Chancery Court lawsuit comes in advance of the planned merger of TMTG with a shell company called Digital World Acquisition Corp., which would result in the shares of the combined entity being publicly traded.

If DWAC shareholders approve the merger next month, Trump’s 90% stake in TMTG could be valued at more than $3 billion, given DWAC’s current share price.

On Thursday, an investment vehicle controlled by former DWAC Chairman and CEO Patrick Orlando sued in Chancery court to block the merger unless it receives a larger number of shares from the combination than DWAC proposes, Reuters reported.

The news service noted that TMTG and DWAC on Tuesday sued Orlando and his Arc Global Investments II vehicle in Florida, claiming that he is trying to “obtain a windfall by extortion.”

UAV is a partnership of Andy Litinsky and Wes Moss, who initially pitched Trump the idea of creating Trump Media in February 2021, after the former president was banned from Twitter and Facebook following the deadly Jan. 6 Capitol riot.

Both Litinsky and Moss were contestants on Trump’s television show “The Apprentice.”

Donald Trump attends the “Celebrity Apprentice” red carpet event at Trump Tower in New York City on Jan. 5, 2015.

Mike Pont | FilmMagic | Getty Images

TMTG later built and launched Truth Social, the social media platform that Trump uses almost exclusively to communicate with the public.

The planned merger comes as Trump, who is the leading candidate for the Republican presidential nomination, has been ordered to pay more than $500 million in civil judgments in New York, related to trial verdicts for business fraud and the defamation of writer E. Jean Carroll.

“The attempt here is to deprive them of the deal,” said Christopher Clark, the lawyer for UAV in the partnership’s Delaware lawsuit against TMTG.

“It’s not like they went out and bought a lottery ticket,” Clark said of the co-founders. “They actually went out and did the work, they created Truth Social, and now the beneficiary of that, Donald Trump, doesn’t want to pay.”

“Not a unique story, unfortunately,” Clark said, referring to Trump’s infamous practice of contesting bills from contractors and lawyers.

CNBC has requested comment from spokesmen for Trump, TMTG and DWAC about the lawsuit, which was first reported by The Washington Post.

“Former President Donald J. Trump … is causing TMTG to not only dispute UAV’s established right to 8,600,000 shares or 8.6% of TMTG’s issued and outstanding stock, but also attempting to drastically dilute UAV’s interests in connection with an impending merger,” a motion in the Delaware suit says.

That motion claims that UAV’s current 8.6% stake in Trump’s company would be diluted to less than 1% as a result of the TMTG board approving an eight-fold increase in the total number of authorized shares in the firm, from 120 million shares to 1 billion shares.

“There is no legitimate business purpose for the Billion Share Authorization or the creation of non-voting stock in the face of the pending Merger, particularly because any unissued TMTG stock will be cancelled in the Merger,” the motion by UAV says.

“The only plausible reason for TMTG to authorize this massive new block of stock and create non-voting stock is so Trump can dilute UAV and take the lion’s share of merger consideration for himself,” the motion says.

UAV’s lawsuit against TMTG, which is seeking injunctive relief against the dilution effort, is sealed for now in the Delaware court, which as a rule initially keeps complaints off its public docket until the parties agree on any necessary redactions.

But a motion by UAV asking a judge to expedite the suit is public. That motion details the claims in the complaint.

In October 2021, TMTG and DWAC, which is a so-called special purpose acquisition company, announced a plan to merge.

That merger was delayed for more than two years by investigations launched by the U.S. Securities and Exchange Commission and the Department of Justice, among other factors.

But earlier this month, the SEC said the merger’s registration statement was effective, essentially green lighting the SPAC merger. DWAC shareholders are scheduled to vote on potential approval of the merger on March 22.

Read more CNBC politics coverage

DWAC appears to have known this lawsuit might be coming, according to a Feb. 14 filing with the SEC.

“UAV also communicated to TMTG and to a holder of TMTG Convertible Notes that it may pursue an action to enjoin consummation of the Business Combination,” that DWAC filing said.

“Although TMTG advised DWAC that it firmly believes that neither UAV nor Mr. Cohen possess any anti-dilution or consent rights with respect to the Business Combination, if such claims involve the issuance of additional shares in connection with the Business Combination and such claims were determined valid, settlement of such claims could have a material adverse effect from a monetary and dilutive impact (both from an economic and voting standpoint) on the Combined Entity and its stockholders,” the filing said.

— Additional reporting by CNBC’s Jim Forkin.

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Birkenstock (BIRK) earnings Q1 2024

Birkenstock on Thursday beat holiday quarter revenue expectations, reporting a 22% year-on-year jump, as the German sandal company benefited from higher pricing and rising U.S. demand.

As a newly public company, Birkenstock is still getting into a public reporting rhythm and only just released its fiscal 2023 results and 2024 guidance a little over a month ago. On Thursday, it said it stands by guidance issued then and still expects sales to be between 1.74 billion euros ($1.89 billion) and 1.76 billion euros ($1.91 billion), representing growth of 17% to 18%.

Here’s how the shoemaker did in its first fiscal quarter compared with what Wall Street was anticipating, based on a survey of analysts by LSEG, formerly known as Refinitiv:

  • Earnings per share: 9 euro cents adjusted vs. 9 euro cents expected
  • Revenue: 302.9 million euros vs. 288.7 million euros expected.

The company reported a net loss of 7.15 million euros ($7.75 million) for the three-month period that ended December 31, or a loss of 4 euro cents per share. A year earlier, it reported a loss of 9.19 million euros ($9.96 million), or a loss of 5 euro cents per share. Excluding one time items, Birkenstock reported a profit of 17 million euros ($18.4 million) or 9 euro cents per share.

Sales rose to 302.9 million euros ($328.5 million), up 22% from 248.5 million euros ($269.4 million) a year earlier.

CEO Oliver Reichert has said the company deliberately engineers its distribution strategy so demand is higher than supply but its working to build out its production capabilities to narrow that gap. The chief executive said those investments, along with other efforts the company is undertaking to drive growth, is having a “planned” but “temporary” impact to profitability.

“Our results for the first quarter of 2024 once again demonstrate the resilience of our business model and the strong sustained demand for our products. Given our engineered distribution model, demand continues to outpace supply in all regions, channels and categories,” said Reichert. “In the medium-term, we are confident we will continue to deliver our objectives of a gross profit margin over 60% and an adjusted EBITDA margin in the low thirties percent.”

The company’s gross profit margin inched down to 61% from 61.7% during the same period last year, with Birkenstock citing “unfavorable currency translation and the planned, temporary under-absorption from our ongoing capacity expansion.” The company said it continues to carefully track input costs and is mitigating inflationary pressures with “executed, selective price increases.”

Adjusted earnings before interest, taxation, depreciation and amortization (EBITDA) rose 12% year-on-year to 81 million euros, with an adjusted EBITDA margin of 26.9%, down from 29.1% a year earlier.

The newly public shoemaker, which started trading on the New York Stock Exchange under the ticker “BIRK” in October, saw a muted debut when it first hit the public markets, with shares sliding more than 12% on its first day as a public company. Shares have since rebounded and are up more than 5% this year, as of the Wednesday close. 

In January, the company reported its fiscal 2023 results and said it was the most successful year in the company’s nearly 250-year long history. Sales grew 20% and the retailer made strides in growing its direct-to-consumer business, which comes with better profits and more customer insights than relying on wholesale partners. 

During the quarter, Birkenstock saw more gains in its direct channels and said DTC sales accounted for 53% of overall revenue.

As other retailers like Nike, Under Armour and Timberland-owner VF Corp contend with soft demand in North America, Birkenstock reported outsized strength in the region with sales up 21% during fiscal 2023. That momentum continued during its fiscal first quarter with sales up 14% in the region. In Europe, where demand in some parts has been softer than in North America, sales grew 32%, and in the Asia Pacific, Middle East and Africa region, revenue jumped 47%.

The recent growth comes several years after private equity powerhouse L Catterton acquired a majority stake in Birkenstock in 2021, ending nearly 250 years of family ownership that began when German cobbler Johann Adam Birkenstock founded the company in 1774. 

Birkenstock’s new owners set off on an aggressive growth strategy that focused on growing direct-to-consumer sales, exiting certain wholesale partnerships and focusing on driving sales of items with higher price points. Within a few years, its sales nearly doubled and its market cap is now around $9.7 billion, double its 2021 valuation of $4.85 billion. 

Since going public, Birkenstock has used some of its proceeds to pay down debt. In the fall, it made a number of debt payments that reduced its net leverage. As of the end of December, Birkenstock was levered at 2.6 times EBITDA.

Correction: Birkenstock reported a loss per share of 4 euro cents. Adjusting for one-time items, it reported a profit of 9 euro cents per share, matching Wall Street estimates according to LSEG. An earlier version of this story misstated those figures.

Novavax (NVAX) earnings report This fall 2023

Shares of Novavax closed more than 20% lower on Wednesday after the vaccine maker reported fourth-quarter revenue and earnings that missed Wall Street’s estimates and said it expects full-year 2024 sales to come in flat or lower than last year.

Still, Novavax narrowed its losses in the quarter from the same period a year ago, even as demand for the biotech company’s Covid vaccine – its only marketable product – and other shots and treatments that combat the virus continue to plummet worldwide. 

Here’s what Novavax reported for the fourth quarter compared with what Wall Street was expecting, based on a survey of analysts by LSEG, formerly known as Refinitiv:

  • Loss per share: $1.44 vs. a loss of 45 cents expected 
  • Revenue: $291.3 million vs. $322 million expected

The company posted a net loss of $178.4 million, or $1.44 per share, for the quarter. That compares with a net loss of $182.2 million, or $2.28 per share, in the year-earlier quarter. 

Novavax generated fourth-quarter sales of $291.3 million, down from the $357.4 million in the year-earlier period. 

Novavax CEO John Jacobs told CNBC that the company had some revenue move from 2023 into 2024 due to the timing of some advance purchase agreements for doses of its Covid shot. But Jacobs also said on an earnings call with investors Wednesday that Novavax is “disappointed” with its performance in the U.S. Covid vaccine market last season.

Several factors, such as the later entry of Novavax’s updated Covid shot last fall, affected the company’s ability to gain Covid vaccine market share in the U.S., Novavax Chief Operating Officer John Trizzino said on the call.

But he said factors “outside of our control,” including a smaller-than-expected Covid market size and an overwhelming number of vaccinations that took place in retail pharmacies, led Novavax to perform below expectations.

Trizzino said the company will work to increase its market share this year through efforts such as rolling out its next Covid shot in early September and streamlining its customer engagement teams to focus on retail pharmacies, which accounted for more than 95% of vaccinations this past season. Next season, Novavax also hopes to offer its vaccine in a pre-filled syringe, which would be more convenient than the shot’s current five-dose vial form.

Novavax expects full-year 2024 revenue to come in between $800 million and $1 billion. That forecast reflects an expected $500 million to $600 million in revenue from advanced purchase agreements and $300 million to $400 million from commercial market product sales, royalties and other revenue from the company’s “partner-related activity.” 

Analysts surveyed by LSEG expect 2024 revenue of $969.6 million. 

Novavax anticipates first-quarter revenue to come in at $100 million, which reflects the tail end of the current Covid vaccination season. The company previously expected $300 million in sales for the period.

Novavax reiterated its program to slash more expenses this year as part of the global cost-cutting plan it launched last year. 

The company plans to lower its combined research and development as well as selling, general and administrative expenses to a range of $700 million to $800 million in 2024. 

Novavax already shaved down those combined expenses to $1.21 billion last year. That’s $150 million more than the company’s initial target for those expenses, Jacobs noted. Those combined expenses came in at $1.69 billion in 2022. 

The company also reduced its operating expenses in 2023 by $1.1 billion, or 41%, compared with 2022. It also cut its workforce by 30% compared with the first quarter of 2023. 

The cuts will help Novavax focus on further developing its combination vaccine targeting Covid and the flu, which it plans to launch in 2026. The company expects to start a late-stage trial on that shot in the second half of the year.

Jacobs said that combination jab will open up a market that ranges between 120 million and 140 million doses a year. The company’s data suggests that a large portion of people who receive separate Covid and flu shots will convert to combination options, he added.

The results come a year after the biotech company first raised concerns about its ability to stay in business. Shares of Novavax fell more than 50% last year. 

But the stock got a huge boost last week after it eliminated what some analysts considered one of the biggest uncertainties around the company. 

On Thursday, Novavax said it will settle a bitter arbitration dispute with Gavi, a nongovernmental global vaccine organization, over a canceled Covid vaccine purchase agreement. Novavax could pay around $300 million to $400 million to the organization, but the total amount may be less if Gavi decides to order more shots from the company over the next five years.

If Novavax gets to settle part of the arbitration through vaccine orders, the company will be able to set a price for those doses, Jacobs said.

“We get to set that price and it allows us to control the economics of that,” he said, adding that “it would be a quite favorable way to settle that agreement through doses and again, that helps fulfill the mission” of distributing shots more equitably in lower-income countries.   

Don’t miss these stories from CNBC PRO:

First pictures from Intuitive Machines’ Odysseus

Intuitive Machines CEO Steve Altemus explains how the company’s IM-1 lander tipped over on the moon’s surfacing during a NASA press conference on Feb. 22, 2024.

NASA TV

Intuitive Machines’ cargo lander, Odysseus, returned its first images from the moon’s surface over the weekend, as the spacecraft settles in to its lunar destination.

The company’s historic IM-1 mission is now operating on the moon after landing on Thursday, becoming the first privately developed spacecraft to soft land on the lunar surface.

Intuitive Machines initially reported Odysseus was standing upright. But in an update late Friday, company executives said they believe the spacecraft caught its landing gear sideways in the moon’s surface while touching down and tipped over.

Despite resting on its side, Odysseus is still sending back data. Intuitive Machines expects Odysseus to operate until Tuesday morning, when its solar panels will no longer be exposed to the sun.

Intuitive Machines’ stock fell 35% in Monday trading to close at $6.27 a share.

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The Odysseus lander carried 12 government and commercial payloads — six of which are for NASA under a $118 million contract through the agency’s Commercial Lunar Payload Services, or CLPS, initiative.

NASA leadership emphasized the IM-1 mission was still successful despite the spacecraft tipping over, calling the landing “a gigantic accomplishment.”

The Nova-C lunar lander designed by aerospace company Intuitive Machines is displayed at the company’s headquarters in Houston, Texas, on Oct. 3, 2023.

Staff | Reuters

One of the payloads, “EagleCam,” is a small camera developed by Embry‑Riddle Aeronautical University. Originally, EagleCam was to be ejected in the final moments of Odysseus’ landing, to capture the first images of a moon landing from outside a spacecraft, but an issue with the lander’s navigation system meant the camera did not deploy. Embry-Riddle’s team said Intuitive Machines still plans to release EagleCam from the lander at a later time.

Here are some of the initial images from the landing:

Coming in for landing

The company’s cargo lander Odysseus is seen flying toward the lunar surface in preparation for its landing on Feb. 22, 2024.

Intuitive Machines

On the surface

A wide field-of-view image taken shortly after Odysseus tipped over.

Intuitive Machines

Spotted from above

NASA’s Lunar Reconnaissance Orbiter Camera identified Intuitive Machines’ Odysseus lander on the surface.

NASA/GSFC/Arizona State University

Don’t miss these stories from CNBC PRO:

Democrats Push Actuality as Republicans Attempt to Gaslight Nation About IVF

Democrats are not just sitting by as Republicans try to gaslight Americans about the inevitable consequences of their anti-abortion laws.

It wasn’t just Gov. Gretchen Whitmer (D-MI) who took down the Republican attempts to backtrack on their attacks on IVF and reproductive rights.

Senator Tammy Duckworth tied Republican attacks on IVF to their anti-abortion rhetoric that led to the overturning of Roe.

On ABC’s This Week, @SenDuckworth reminded viewers that attacks on IVF are possible because of the elected Republican war on Roe v. Wade and reproductive freedom pic.twitter.com/GCWFfaM4z7

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— Robyn Patterson (@RMPatterson46) February 25, 2024

“I’ve been talking about this since 2018 when it was very clear that Republicans were working to eliminate women’s reproductive rights,” Duckworth said on ABC’s This Week. “I said, if Neil Gorsuch gets put on the Supreme Court, if Amy Coney Barrett gets put on the Supreme Court, we’re gonna have an erosion of Roe v. Wade. And even back in 2018, I said IVF is next. They’ve said they’re coming for IVF. So unfortunately, I wasn’t surprised.”

Jen Klein, Director of the White House Gender Policy Council, wasn’t having it either. “Women in this country are being denied access to emergency rooms when they’re in the middle of having an emergency, whether they need an abortion or they’re having a miscarriage,” Klein said on MSNBC’s The Weekend.

“What just happened in Alabama is fertility clinics are now closed. They are unsure what to do. And these are people who desperately want a family, who desperately want a child – and now are unsure if that is legal to do in their state,” Klein added.

On @TheWeekendMSNBC:

The White House’s Jen Klein made clear that despite Republican claims about supporting IVF, women across red-states are being denied access to care, fertility clinics are closing, and Americans who want families are scared it isn’t legal in their states. pic.twitter.com/GEacB6OQQs

— Robyn Patterson (@RMPatterson46) February 25, 2024

How we got here:

Problems for Republicans started when a survey “found that 86% of all respondents supported access to IVF, with 78% support among self-identified ‘pro-life advocates’ and 83% among Evangelical Christians.

After the strong reaction against the Alabama ruling against IVF based on the Republican argument used to overturn Roe v Wade by a conservative Supreme Court, Republicans were told to get out there and deny deny deny. They were told to express support for IVF.

The Senate Republican campaign arm memo urging members to come out in support of IVF came just “three days after the Alabama Supreme Court ruled that frozen embryos used in IVF are children and have legal protections under the state’s ‘personhood’ laws.”

And Republicans are doing just that, ignoring their own records to do so.

Here’s how that’s going: Rep. Byron Donalds says IVF is important because it helps couples “breed.”

Rep. Byron Donalds on Meet the Press says IVF is important to couples because it helps them “breed great families.” pic.twitter.com/WeO20BGvMk

— Aaron Rupar (@atrupar) February 25, 2024

Republicans are trying to run away from their own policies

What is behind all of this is the conservative notion of “personhood” attributed, but only when convenient, to embryos. There are many obvious ramifications from this unfounded belief, which Republicans have been well aware of for at least 20 years, so denial at this point beggars belief.

The bottom line is if “life begins at conception” as they argue, then embryos are human beings. The Alabama ruling allowed parents to sue for wrongful death of their frozen embryos.

This caused several fertilization clinics to cease their work, out of concern that they “could be held liable for embryos that are destroyed or lost.” The Alabama AG then tried to reassure everyone that he won’t prosecute IVF clinics and families.

However, the Alabama Supreme Court referred to IVF cryotanks where embryos are stored as “cryogenic nurser(ies).” That would certainly give pause to anyone concerned about legal liability.

Logically, there is no way out of this one: It’s either one way or the other. Republicans can equivocate about in utero versus in an IVF lab, but that argument undercuts their entire premise. Either life beings at conception or it does not.

Oh, and by the way, we all saw this coming. It is the inevitable next step of their premise, which has no medical or scientific foundation. If only Republicans hadn’t overturned Roe, their illogical attacks on freedom could have flown largely under the radar.

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