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Investments of Operating Entities and Consolidated Funds
6 Months Ended
Jun. 30, 2011
Investments of Operating Entities and Consolidated Funds  
Investments of Operating Entities and Consolidated Funds

5. Investments of Operating Entities and Consolidated Funds

a.     Operating Entities

Securities owned, at fair value

        Securities owned are held by the Company and considered held for trading and carried at fair value. Substantially all equity securities and options are pledged to the clearing broker under terms which permit the clearing broker to sell or re-pledge the securities to others subject to certain limitations.

        As of June 30, 2011 and December 31, 2010, securities owned consisted of the following, at fair value:

 
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

US Government securities(a)

  $ 162,410   $ 143,247  

Common stocks

    207,841     116,215  

Restricted common stock

    5,000     5,000  

Convertible bonds(b)

    27,222      

Corporate bonds(c)

    316,126     191,702  

Exchange traded funds

    218,135      

Options

    45,409     14,349  

Warrants and rights

    3,411     2,334  

Mutual funds

    870     1,248  
           

 

  $ 986,424   $ 474,095  
           

(a)
As of June 30, 2011, maturities ranged from June 2013 to February 2041 and interest rates ranged between 0.38% and 8%. As of December 31, 2010, maturities ranged from November 2019 to February 2026 and interest rates ranged between 3.38% and 8%.

(b)
As of June 30, 2011, the maturity was April 2015 with interest rate of 5.50%.

(c)
As of June 30, 2011, maturities ranged from December 2011 to February 2041 and interest rates ranged between 0.38% and 13.50%. At December 31, 2010, maturities ranged from May 2011 to August 2039 and interest rates ranged between 1.4% and 13%.

        The Company's direct involvement with derivative financial instruments includes credit default swaps, futures, equity swaps, options and warrants and rights. Open equity in futures transactions are recorded as receivables from and payables to broker-dealers or clearing brokers as applicable. The Company's derivatives trading activities exposes us to certain risks, such as price and interest rate fluctuations, volatility risk, credit risk, foreign currency movements and changes in the liquidity of markets. The Company's long exposure to futures, equity swap and credit default swap derivative contracts, at fair value, as of June 30, 2011 and December 31, 2010 of $0.5 million and $0.4 million, respectively, is included in other assets in the accompanying condensed consolidated statements of financial condition. The Company's short exposure to futures and equity swap derivative contracts, at fair value, as of June 30, 2011 and December 31, 2010 of $0.8 million and $0.6 million, respectively, is included in accounts payable, accrued expenses and other liabilities in the accompanying condensed consolidated statements of financial condition. The gains/(losses) related to derivatives trading activities for the three months and six months ended June 30, 2011 were not material. The gains/(losses) on derivative contracts are included in other income in the condensed consolidated statements of operations.

        Pursuant to the various derivatives transactions discussed above, the Company is required to post collateral for its obligations or potential obligations. As of June 30, 2011 and December 31, 2010, collateral consisting of $15.8 and $3.2 million, respectively, is included in receivable from brokers on the condensed consolidated statements of financial condition. As of June 30, 2011 and December 31, 2010 all derivative contracts were with multiple major financial institutions.

Other investments

        As of June 30, 2011 and December 31, 2010, other investments consisted of the following:

  • Other investments

 
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

(1) Portfolio Funds, at fair value

  $ 32,645   $ 29,391  

(2) Real estate investments, at fair value

    2,289     1,882  

(3) Equity method investments

    13,607     8,734  

(4) Lehman claims, at fair value

    501     313  
           

 

  $ 49,042   $ 40,320  
           
  • (1)    Portfolio Funds, at fair value

        The Portfolio Funds, at fair value as of June 30, 2011 and December 31, 2010, included the following:

 
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

Tapestry Investment Co PCC Ltd(a)

  $ 284   $ 565  

Cowen Healthcare Royalty Partners(b)(*)

    14,618     14,769  

Cowen Healthcare Royalty Partners II(b)(*)

    279     143  

Ramius Global Credit Fund LP(c)(*)

    13,739     11,733  

Ramius Alternative Replication Ltd(d)(*)

    864     866  

Ramius Enhanced Replication Fund LLC(e)(*)

    553      

Starboard Value and Opportunity Fund LP(f)(*)

    323      

Other private investment(g)

    1,313      

Other affiliated funds(h)(*)

    672     1,315  
           

 

  $ 32,645   $ 29,391  
           

*
These portfolio funds are affiliates of the Company

The Company has no unfunded commitments regarding the portfolio funds, at fair value held by the Company except as noted for Cowen Healthcare Royalty Partners, Cowen Healthcare Royalty Partners II and Starboard Value and Opportunity Fund LP in Note 13.

(a)
Tapestry Investment Co PCC Ltd is in the process of liquidating and redemptions will be made periodically by the investment managers' decision based on cash available.

(b)
Cowen Healthcare Royalty Partners and Cowen Healthcare Royalty Partners II are private equity funds and therefore redemptions will be paid out at the investment manager's discretion.

(c)
Ramius Global Credit Fund LP has a quarterly redemption policy with 60 day notice period and a one year soft lock (4% penalty).

(d)
Ramius Alternative Replication Ltd has monthly redemption policies with a seven day notice period.

(e)
Ramius Enhanced Replication Fund LLC has monthly redemption policies with a seven day notice period.

(f)
Starboard Value and Opportunity Fund LP has quarterly redemption policies, after a one-year anniversary of the contribution, with thirty days notice period.

(g)
Other private investment represents the Company's closed end investment in an Italian Wi-Fi company.

(h)
The majority of these funds are real estate fund affiliates of the Company or are managed by the Company and the investors can redeem from these funds when cash is available.
  • (2)    Real estate investments, at fair value

        Real estate investments as of June 30, 2011 and December 31, 2010 are carried at fair value and include real estate equity investments held by RCG RE Manager, LLC ("RE Manager"), a real estate operating subsidiary of the Company, of $1.5 million and $1.1 million, respectively, and real estate debt investments held by the Company of $0.8 million, respectively.

  • (3)    Equity method investments

        Equity method investments include investments held by the Company in several operating companies whose responsibilities primarily include the day to day management of a number of real estate funds, including the portfolio management and administrative services related to the acquisition, disposition, and active monitoring of the real estate funds' underlying debt and equity investments. The Company's ownership interests in these equity method investments range from 30% to 55%. The Company holds a majority of the outstanding ownership interest (i.e., more than 50%) in three of these entities: RCG Longview Debt Fund IV Management, LLC, RCG Longview Debt Fund IV Partners, LLC and RCG Longview Partners II, LLC. The operating agreements that govern the management of day-to-day operations and affairs of each of these three entities stipulate that certain decisions require support and approval from other members in addition to the support and approval of the Company. As a result, all operating decisions made in these three entities require the support of both the Company and an affirmative vote of a majority of the other managing members who are not affiliates of the Company that is not protective in nature. As the Company does not possess unilateral control over any of these entities, the presumption of consolidation has been overcome pursuant to current accounting standards and the Company accounts for these investments under the equity method of accounting. Also included in equity method investments is the investment in a) CHRP GP (see Note 3), b) an investment in the Chicago Board Options Exchange CBOE (Chicago Board Options Exchange) Stock Exchange LLC representing a 9.7% stake in the exchange service provider and c)Starboard Value LP (and certain related parties) which serves as an operating company whose responsibilities primarily include the day to day management (including portfolio management) of a deep value small cap hedge fund and related managed accounts. The following table summarizes equity method investments held by the Company:

 
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

RCG Longview Debt Fund IV Management, LLC

  $ 1,172   $ 2,009  

Cowen Healthcare Royalty GP, LLC

    1,206     1,176  

Cowen Healthcare Royalty GP II, LLC

    21     8  

Chicago Board Options Exchange

    2,545      

Starboard Value LP

    2,266      

RCG Longview Partners, LLC

    1,560     2,203  

RCG Longview Louisiana Manager, LLC

    650     186  

RCG Urban American, LLC

    1,100     889  

RCG Urban American Management, LLC

    798     359  

RCG Longview Equity Management, LLC

    349     499  

Urban American Real Estate Fund II, L.P. 

    1,279     833  

RCG Kennedy House, LLC

    315     259  

Other

    346     313  
           

 

  $ 13,607   $ 8,734  
           

        As of June 30, 2011, the Company's share of losses in its equity method investment in RCG Longview Partners II, LLC has exceeded the carrying amount recorded in this investee. RCG Longview Partners II, LLC, as general partner to a real estate fund, has reversed previously recorded incentive income allocations and has recorded a current clawback obligation to the limited partners in the fund. This obligation is due to a change in unrealized value of the fund on which there have previously been distributed carried interest realizations; however, the settlement of a potential obligation is not due until the end of the life of the respective fund. As the Company is obligated to return previous distributions it received from RCG Longview Partners II, LLC, it has continued to record its share of gains/losses in the investee including reflecting its share of the clawback obligation in the amount of $6.2 million. All such amounts are included in accounts payable, accrued expenses and other liabilities in the condensed consolidated statements of financial condition.

        The Company's income (loss) from equity method investments was $1.2 million and $0.5 million for the three months ended June 30, 2011 and 2010, respectively, and was $2.4 million and $1 million for the six months ended June 30, 2011 and 2010, respectively, and is included in net gains (losses) on securities, derivatives and other investments on the accompanying condensed consolidated statements of operations. In addition, the Company recorded no impairment charges in relation to its equity method investments for the three months and six months ended June 30, 2011 and 2010.

  • (4)    Lehman Claims, at fair value

        Lehman Brothers International (Europe) ("LBIE"), through certain affiliates, was a prime broker to the Company, and the Company held cash and cash equivalent balances with LBIE. On September 15, 2008, LBIE was placed into administration (the "Administration") in the United Kingdom and, as a result, the assets held by the Company in its LBIE accounts were frozen at LBIE. The status and ultimate resolution of the assets under LBIE's Administration proceedings is uncertain. The assets of the Company at LBIE at the time of Administration (the "Total Net Equity Claim") consist of $1 million, which the Company believes will represent an unsecured claim against LBIE. This does not include claims held by the Company against LBIE through its investment in Enterprise Master discussed in Note 4b. There can be no assurance that the Total Net Equity Claim value, as determined by the Company, will be accepted by the Administrators, nor does the Company know the manner and timing in which such claim will be satisfied and the ultimate value that will be received.

        Given the great degree of uncertainty as to the status of the assets held at LBIE and the process and prospects of the return of those assets, the Company has decided to record the estimated fair value of the Total Net Equity Claim at an approximately 52% discount at June 30, 2011 and a 70% discount at December 31, 2010, which represents management's best estimate at the respective dates of the value that ultimately may be recovered with respect to the Total Net Equity Claim (the "Estimated Recoverable Lehman Claim"). The Estimated Recoverable Lehman Claim was recorded at estimated fair value considering a number of factors including the status of the assets under U.K. insolvency laws and the trading levels of LBIE unsecured debt. In determining the estimated value of the Total Net Equity Claim, the Company was required to use considerable judgment and is based on the facts currently available. As additional information on the LBIE proceeding becomes available, the Company may need to adjust the valuation of the Estimated Recoverable Lehman Claim. The actual loss that may ultimately be incurred by the Company with respect to the pending LBIE claim is not known and could be materially different from the estimated value assigned by the Company.

Securities sold, not yet purchased, at fair value

        Securities sold, not yet purchased, represent obligations of the Company to deliver a specified security at a contracted price and, thereby, create a liability to purchase that security in the market at prevailing prices. The Company's liability for securities to be delivered is measured at their fair value as of the date of the condensed consolidated financial statements. However, these transactions result in off-balance sheet risk, as the Company's ultimate cost to satisfy the delivery of securities sold, not yet purchased, may exceed the amount reflected in the condensed consolidated statements of financial condition. Substantially all equity securities and options are pledged to the clearing broker under terms which permit the clearing broker to sell or re-pledge the securities to others subject to certain limitations. As of June 30, 2011 and December 31, 2010, securities sold, not yet purchased, consisted of the following, at fair value:

 
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

U.S. Government securities(a)

  $ 119,127   $ 100,559  

Common stocks

    140,459     88,580  

Corporate bonds(b)

    69,562     2,615  

Exchange traded funds

    97,769      

Options

    15,344     6,162  
           

 

  $ 442,261   $ 197,916  
           

(a)
As of June 30, 2011, maturities ranged from May 2014 to January 2040 and interest rates ranged between 0.75% and 7.415%. As of December 31, 2010, maturities ranged from December 2015 to August 2026 and interest rates ranged between 2.13% and 6.75%.

(b)
As of June 30, 2011, maturities ranged from September 2011 to June 2031 and interest rates ranged between 0.50% and 10%. As of December 31, 2010, maturities ranged from June 2013 to December 2025 and interest rates ranged between 2.25% and 3.75%.

Securities purchased under agreements to resell and securities sold under agreements to repurchase

        The following table represents the Company's securities purchased under agreements to resell and securities sold under agreements to repurchase as of June 30, 2011and December 31, 2010:

 
  As of June 30,
2011
 
 
  (dollars in thousands)
 

Securities purchased under agreements to resell

       

Agreements with Barclays Inc bearing interest of (0.3)% - 0.08% due on July 1, 2011*

  $ 77,333  
       

Securities sold under agreements to repurchase

       

Agreements with Royal Bank of Canada bearing interest of 1.52625% - 1.58125% due on January 31, 2012 to June 25, 2012

    49,450  

Agreements with Barclays Inc bearing interest of (0.02)% - 0.12% due on July 1, 2011*

    119,989  
       

 

  $ 169,439  
       

*
The repurchase date is open and the agreement can be terminated by either party at any time. The agreement continues on a day-to-day basis.


 
  As of December 31,
2010
 
 
  (dollars in thousands)
 

Securities purchased under agreements to resell

       

Agreements with Barclays Capital Inc bearing interest of 0.07% - 0.14% due on January 3, 2011

  $ 97,755  
       

Securities sold under agreements to repurchase

       

Agreements with Royal Bank of Canada bearing interest of 1.415% due on February 22, 2011 to September 1, 2011

    48,532  

Agreements with Barclays Capital Inc bearing interest of 0.18%-1.50% due on January 7, 2011 to June 6, 2011

    143,633  
       

 

  $ 192,165  
       
  • Other

        During the second quarter of 2011, the Company acquired a Luxembourg reinsurance company from a third party through a wholly-owned local subsidiary, which, upon acquisition, recorded deferred assets and subsequently deferred tax benefits. The purchase price of the reinsurance company totaled EUR 208.3 million (USD $294.4 million). The acquisition was not accounted for as a business combination as after separation from the transferor, the reinsurance company does not contain all of the inputs and processes necessary for it to continue to conduct normal operations including the ability to sustain a revenue stream by providing as outputs to customers. This is discussed in more detail in the Income Taxes footnote.

b.     Consolidated Funds

Securities owned, at fair value

        As of June 30, 2011 and December 31, 2010 securities owned, at fair value, held by the Consolidated Funds are comprised of:

 
  As of June 30,   As of December 31,  
 
  2011   2010  
 
  (dollars in thousands)
 

Government sponsored securities*

  $ 4,064   $ 7,682  

Commercial paper**

    1,726      

Corporate bond***

    401     1,040  
           

 

  $ 6,191   $ 8,722  
           

*
As of June 30, 2011, maturities ranged from March 2012 to May 2013 and interest rates ranged between 0.35% and 1.74%. As of December 31, 2010, maturities ranged from January 2011 to December 2012 and interest rates ranged between 0.35% and 4.88%.

**
Commercial paper was purchased at a discount and matures on July 1, 2011.

***
As of June 30, 2011, the maturity was April 2012 with interest rate of 0.60%. As of December 31, 2010, the maturity was January 2011 with interest rate of 0.42%.

Other investments, at fair value

        As of June 30, 2011 and December 31, 2010 other investments, at fair value, held by the Consolidated Funds are comprised of:

 
  As of June 30,   As of December 31,  
 
  2011   2010  
 
  (dollars in thousands)
 

(1) Portfolio Funds

  $ 254,578   $ 327,131  

(2) Lehman claims

    7,320     6,243  
           

 

  $ 261,898   $ 333,374  
           
  • (1)    Investments in Portfolio Funds, at fair value

        As of June 30, 2011 and December 31, 2010, investments in Portfolio Funds, at fair value, included the following:

 
  As of June 30,   As of December 31,  
Description
  2011   2010  
 
  (dollars in thousands)
 

Investments of Enterprise LP

  $ 215,457   $ 257,246  

Investments of consolidated fund of funds investment companies

    39,121     69,885  
           

 

  $ 254,578   $ 327,131  
           
  • Consolidated investments of Enterprise LP

        Enterprise LP operates under a "master-feeder" structure with Enterprise Master, whereby Enterprise Master's shareholders are Enterprise LP and RCG II Intermediate Fund, L.P. The consolidated investments in Portfolio Funds recorded in other investments on the condensed consolidated statements of financial condition include Enterprise LP's investment of $215 million and $257 million in Enterprise Master as of June 30, 2011 and December 31, 2010, respectively. On May 12, 2010, the Company announced its intention to close Enterprise Master. Prior to this announcement, strategies utilized by Enterprise Master included merger arbitrage and activist investing, investments in distressed securities, convertible hedging, capital structure arbitrage, equity market neutral, investments in private placements of convertible securities, proprietary mortgages, structured credit investments, investments in mortgage backed securities and other structured finance products, investments in real estate and real property interests, structured private placements and other relative value strategies. Enterprise Master had broad investment powers and maximum flexibility in seeking to achieve its investment objective. Enterprise Master was permitted to invest in equity securities, debt instruments, options, futures, swaps, credit default swaps and other derivatives. Enterprise Master has been selling, and will continue to sell, its positions and return capital to its investors. There are no unfunded commitments at Enterprise LP. See Note 13 for unfunded commitments of Enterprise Master.

  • Investments of consolidated fund of funds investment companies

        The investments of consolidated fund of funds investment companies of $39.1 million and $70 million at June 30, 2011 and December 31, 2010, respectively, include the investments of Levered FOF, Multi-Strat FOF and Vintage FOF, all of which are investment companies managed by Ramius Alternative Solutions LLC, as well as RTS Global 3x, which is managed by Ramius Trading Strategies LLC. Multi-Strat FOF's investment objectives is to invest discrete pools of their capital among portfolio managers that invest through Portfolio Funds, forming a multi-strategy, diversified investment portfolio designed to achieve returns with low to moderate volatility. Levered FOF had a similar strategy, but on a levered basis, prior to the fund winding down. Levered FOF is no longer levered. Vintage FOF's investment objective is to allocate its capital among portfolio managers that invest through investment pools or managed accounts thereby forming concentrated investments in high conviction managers designed to achieve attractive risk adjusted returns with moderate relative volatility. RTS Global 3x's investment objective is to achieve attractive investment returns on a risk-adjusted basis that are non-correlated with the traditional equity and bond markets by investing substantially all of its capital in managed futures and global macro-based investment strategies. RTS Global 3x seeks to achieve its objective through a multi-advisor investment approach by allocating its capital among third-party trading advisors that are unaffiliated with RTS Global 3x. However, unlike a traditional "fund of funds" that invests with advisors through entities controlled by third-parties, RTS Global 3x will allocate its capital among a number of different trading accounts organized and managed by the general partner.

        The following is a summary of the investments held by the four consolidated fund of funds, at fair value, as of June 30, 2011 and December 31, 2010:

 
   
  As of June 30, 2011  
 
   
  Ramius Levered
Multi-Strategy
FOF LP
  Ramius
Multi-Strategy
FOF LP
  Ramius Vintage
Multi-Strategy
FOF LP
  RTS Global 3x
Fund LP
  Total  
Description
  Strategy   Fair Value   Fair Value   Fair Value   Fair Value   Fair Value  
 
   
  (dollars in thousands)
 

Ramius Multi-Strategy Master FOF LP*

  Multi-Strategy   $   $ 9,576   $   $   $ 9,576 (a)

Ramius Vintage Multi-Strategy Master FOF LP*

  Multi-Strategy               10,724         10,724 (a)

Tapestry Pooled Account V LLC*

  Credit-Based     635                 635 (b)

Independently Advised Portfolio Funds*

  Futures & Global Macro                 14,990     14,990 (c)

Externally Managed Portfolio Funds

  Credit-Based     427                 427 (b)

Externally Managed Portfolio Funds

  Event Driven     2,129                 2,129 (d)

Externally Managed Portfolio Funds

  Hedged Equity     35                 35 (e)

Externally Managed Portfolio Funds

  Multi-Strategy     547                 547 (f)

Externally Managed Portfolio Funds

  Fixed Income Arbitrage     58                 58 (g)
                           

 

      $ 3,831   $ 9,576   $ 10,724   $ 14,990   $ 39,121  
                           

 
   
  As of December 31, 2010  
 
   
  Ramius Levered
Multi-Strategy
FOF LP
  Ramius
Multi-Strategy
FOF LP
  Ramius Vintage
Multi-Strategy
FOF LP
  RTS Global 3x
Fund LP
  Total  
Description
  Strategy   Fair Value   Fair Value   Fair Value   Fair Value   Fair Value  
 
   
  (dollars in thousands)
 

Ramius Multi-Strategy Master FOF LP*

  Multi-Strategy   $   $ 28,633   $   $   $ 28,633 (a)

Ramius Vintage Multi-Strategy Master FOF LP*

  Multi-Strategy               20,722         20,722 (a)

Tapestry Pooled Account V LLC*

  Credit-Based     687                 687 (b)

Independently Advised Portfolio Funds*

  Futures & Global Macro                 15,889     15,889 (c)

Externally Managed Portfolio Funds

  Credit-Based     522                 522 (b)

Externally Managed Portfolio Funds

  Event Driven     2,800                 2,800 (d)

Externally Managed Portfolio Funds

  Hedged Equity     39                 39 (e)

Externally Managed Portfolio Funds

  Multi-Strategy     535                 535 (f)

Externally Managed Portfolio Funds

  Fixed Income Arbitrage     58                 58 (g)
                           

 

      $ 4,641   $ 28,633   $ 20,722   $ 15,889   $ 69,885  
                           

*
These Portfolio Funds are affiliates of the Company.

The Company has no unfunded commitments regarding investments held by the four consolidated funds.

(a)
Investments held in affiliated master funds can be redeemed on a monthly basis with no advance notice.

(b)
The Credit-Based strategy aims to generate returns via positions in the credit sensitive sphere of the fixed income markets. The strategy generally involves the purchase of corporate bonds with hedging of the interest exposure. The investments held in Tapestry Pooled Account V LLC, a related fund, are held solely in a credit based fund which the fund's manager has placed in a side-pocket. The remaining amount of the investments within this category represents an investment in a fund that is in the process of liquidating. Distributions from this fund will be received as underlying investments are liquidated.

(c)
The futures and global macro strategy is made up of several portfolio accounts, each of which will be advised independently by a professional commodity trading advisor implementing primarily managed futures or global macro-based investment strategies. The trading advisors (through their respective portfolio accounts) will trade independently of each other and, as a group, will employ a wide variety of systematic, relative value and discretionary trading programs in the global currency, fixed income, commodities and equity futures markets. In implementing their trading programs, the trading advisors will trade primarily in the futures and forward markets (as well as in related options). Although certain trading advisors may be permitted to use total return swaps and trade other financial instruments from time to time on an interim basis, the primary focus will be on the futures and forward markets. Redemption frequency of these portfolio accounts are monthly (and intra-monthly for a $10,000 fee) and the notification period for redemptions is 5 business days (or 3 business days for intra-month).

(d)
The Event Driven strategy is generally implemented through various combinations and permutations of merger arbitrage, restructuring and distressed instruments. Approximately 1.3% as of June 30, 2011 and 3% as of December 31, 2010 of the investments in this category represent investments in a fund that is in the process of liquidating. Distributions from this fund will be received as underlying investments are liquidated. The remaining amount of the investments in this category is in a side pocket or suspended with undetermined payout dates.

(e)
The Hedged Equity strategy focuses on equity strategies with some directional market exposure. The strategy attempts to profit from market efficiencies and direction. The investee fund manager has side-pocketed investments.

(f)
The Multi-Strategy investment objective is to invest discrete pools of its capital among portfolio managers that invest through investment funds, forming multi-strategy, diversified investment portfolios designed to achieve non-market directional returns with low relative volatility. The investments in this category represent investments in a fund that is in the process of liquidating. Distributions from this fund will be received as underlying investments are liquidated.

(g)
The Fixed Income Arbitrage strategy seeks to achieve long term capital appreciation by employing a variety of strategies to generate returns without significant exposure to credit spread, interest rate changes or duration. As of June 30, 2011, the investment manager has gated investments.
  • (2)    Lehman Claims, at fair value

        With respect to the aforementioned Lehman claims, the Total Net Equity Claim of Enterprise Master consists of $24.3 million. Included in this claim were assets with a value of $9.5 million, at the time LBIE entered administration, that were returned to Enterprise Master and its affiliated funds in June 2010. Enterprise Master and its affiliated funds sold the returned assets, for an aggregate $10.7 million, and distributed this amount to Enterprise Master's investors in July 2010. As a result, the remaining Net Equity Claim for Enterprise Master is $14.8 million. Enterprise Master is valuing this claim at $9.2 million as of June 30, 2011. Of this amount, $7.3 million was attributable to Enterprise LP based on its ownership percentage in Enterprise Master at the time of the Administration. As discussed in Note 4a, the Company has an additional $1 million claim against LBIE as a result of certain cash and cash equivalent balances held at LBIE. LBI claim was valued at 56% which represented the present value of the mid-point between what the Company believed were reasonable estimates of the low-side and high-side potential recovery rates with respect to its LBI exposure. LBIE claims were valued as follows: (a) the trust assets that the Company was informed were within the control of LBIE and were expected to be returned in the relatively near term were valued at market less a 1% discount that corresponds to the fee to be charged under the Claim Resolution Agreement ("CRA"), (b) the trust assets that are not within the control of LBIE and are not believed to be held through LBI were valued at 56% with respect to US denominated Assets and 48% with respect to foreign denominated Assets, which represented the Company's estimate of potential recovery rates (c) the remaining unsecured claims against LBIE were valued at 48%, which represented the Company's estimate of potential recovery rates with respect to this exposure using available market quotes. The estimated final recoverable amount by Enterprise Master may differ from the actual recoverable amount of the pending LBIE and LBI claims, and the differences may be material.

        As a result of Enterprise Master and certain of the funds managed by the Company having assets they held at LBIE frozen in their LBIE prime brokerage account and the degree of uncertainty as to the status of those assets and the process and prospects of the return of those assets, Enterprise Master and the funds managed by the Company decided that only the investors who were invested at the time of the Administration should participate in any profit or loss relating to the Estimated Recoverable Lehman Claim. As a result, Enterprise Master and certain of the funds managed by the Company with assets held at LBIE granted a 100% participation in the Estimated Recoverable Lehman Claims to Special Purpose Vehicles (the "SPVs" or "Lehman Segregated Funds") incorporated under the laws of the Cayman Islands on September 29, 2008, whose shares were distributed to each of their investor funds. Fully redeeming investors of Enterprise LP will not be paid out on the balance invested in the SPV until the claim with LBIE is settled and assets are returned by LBIE.

        In addition to Enterprise Master's claims against LBIE, Lehman Brothers, Inc. ("LBI") was a prime broker to Enterprise Master and Enterprise Master holds cash balances of $5.3 million at LBI. On September 19, 2008, LBI was placed in a Securities Investor Protection Corporation ("SIPC") liquidation proceeding after the filing for bankruptcy of its parent Lehman Brothers Holdings, Inc. The status of the assets under LBI's bankruptcy proceedings has not been determined. The amount that will ultimately be recovered from LBI will depend on the amount of assets available in the fund of customer property to be established by the trustee appointed under the Securities Investor Protection Act (the "SIPA Trustee") as approved by the bankruptcy court as well as the total amount of customer claims that seek recovery from the fund of customer property. Based on court filings by the SIPA Trustee, the total amount of customer claims exceeds the assets that are likely to be in the fund of customer property. In addition, while there has been an initial ruling with respect to the claims asserted by Barclays plc against LBI relating to an asset purchase agreement entered into by Barclays plc with LBIE near the time of the SIPC liquidation proceeding, there is still uncertainty regarding the ultimate resolution of these claims that could affect the amount of assets that are included in the fund of customer property. As a result of these uncertainties and the timing of any distributions from LBI in respect of the Company's customer claims, management has estimated recovery with respect to the Company's LBI exposure at 56% or $3 million as of June 30, 2011, which represents the present value of the mid point between what management believes are reasonable estimates of the low side and high side potential recovery rates with respect to the Company's LBI exposure. The estimated recoverable amount by the Company may differ from the actual recoverable amount of the pending LBI claim, and the differences may be material.

Indirect Concentration of the Underlying Investments Held by Consolidated Funds

        From time to time, through its investments in the Consolidated Funds, the Company may indirectly maintain exposure to a particular issue or issuer (both long and/or short) which may account for 5% or more of the Consolidated Funds' net assets (on an aggregated basis). Based on information that is available to the Company as of June 30, 2011 and December 31, 2010, the Company identified Consolidated Funds that had interests in an issuer for which the Company's pro-rata share exceeds 5% of the Consolidated Funds' net assets (on an aggregated basis). There were no indirect concentrations that exceed 5% of the Consolidated Funds' net assets held by the Company as of June 30, 2011 or December 31, 2010.

Underlying Investments of Unconsolidated Funds Held by Consolidated Funds

Enterprise Master

        Enterprise LP's investment in Enterprise Master is equal to Enterprise LP's proportional share of Enterprise Master's net assets; as a result, the investment balances of Enterprise Master reflected below may exceed the net investment which Enterprise LP has recorded. The following tables present summarized investment information for the underlying investments and derivatives held by Enterprise Master as of June 30, 2011 and December 31, 2010:

  • Securities owned and securities sold, but not yet purchased by Enterprise Master, at fair value

 
  June 30, 2011   December 31, 2010  
Description
  Securities
owned
  Securities
sold, but not yet
purchased
  Securities
owned
  Securities
sold, but not yet
purchased
 
 
  (dollars in thousands)
 

Common stock

  $ 2,172   $   $ 10,123   $  

Corporate bonds

    2,161         1,997      

Over-the-counter foreign currency call option

                (63 )

Preferred stock

    1,160         410      

Private debt

    66         59      

Private equity

    200         173      

Restricted stock

    309         3,148      

Rights

    2,311         2,115      

Trade claims

    128         128      

Warrants

    36         55      
                   

 

  $ 8,543   $   $ 18,208   $ (63 )
                   
  • Derivative contracts, at fair value, owned by Enterprise Master, net

Description
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

Asset swaps

  $ 2   $ 5  

Currency forwards

    (212 )   (36 )
           

 

  $ (210 ) $ (31 )
           
  • Portfolio Funds, owned by Enterprise Master, at fair value

 
   
  As of
June 30, 2011
  As of
December 31, 2010
 
Description
  Strategy   Fair Value  
 
   
  (dollars in thousands)
 

624 Art Holdings, LLC*

  Artwork   $ 43   $ 98  

Q Capital Strategies, LLC*

  Life Settlements         111  

RCG Longview Equity Fund, LP*

  Real Estate     15,002     10,120  

RCG Longview II, LP*

  Real Estate     1,476     1,835  

RCG Longview Debt Fund IV, LP*

  Real Estate     16,765     12,628  

RCG Longview, LP*

  Real Estate     269     383  

RCG Soundview, LLC*

  Real Estate     2,574     2,542  

RCG Urban American Real Estate Fund, L.P.*

  Real Estate     3,176     3,207  

RCG International Sarl*

  Multi-Strategy     9,442     9,463  

Ramius Navigation Fund Ltd*

  Multi-Strategy     9,800     24,972  

RCG Special Opportunities Fund, Ltd*

  Multi-Strategy     97,585     97,845  

Ramius Credit Opportunities Fund Ltd*

  Distressed     260     300  

RCG Endeavour, LLC*

  Multi-Strategy     92     87  

RCG Energy, LLC *

  Energy     20,538     18,850  

RCG Renergys, LLC*

  Energy     2     2  

Other Private Investments

  Various     17,624     15,189  

Real Estate Investments

  Real Estate     16,965     25,662  
               

 

      $ 211,613   $ 223,294  
               

*
These Portfolio Funds are affiliates of the Company.
  • Ramius Multi-Strategy Master FOF LP and Ramius Vintage Multi-Strategy Master FOF LP

        Multi-Strat FOF's and Vintage FOF's investments in their respective master funds are equal to their proportional share of their master fund's net assets; as a result, the investments in Portfolio Funds of the master funds reflected below may exceed the net investment which Multi-Strat FOF and Vintage FOF have recorded. The following table presents summarized investment information for the underlying Portfolio Funds held by Ramius Multi-Strategy Master FOF LP and Ramius Vintage Multi-Strategy Master FOF LP, at estimated fair value, as of June 30, 2011 and December 31, 2010:

 
   
  June 30, 2011   December 31, 2010  
Description
  Strategy   Ramius
Multi-Strategy
Master FOF LP
  Ramius Vintage
Multi-Strategy
Master FOF LP
  Ramius
Multi-Strategy
Master FOF LP
  Ramius Vintage
Multi-Strategy
Master FOF LP
 
 
   
  (dollars in thousands)
 

Ramius Vintage Multi-Strategy Master FOF LP*

    Multi Strategy   $ 667   $   $ 1,354   $  

Tapestry Pooled Account II, LLC*

    Hedged Equity         885         3,544  

Tapestry Pooled Account V, LLC*

    Credit-Based     1,308     1,397     1,416     1,512  

Externally Managed Funds

    Credit-Based     47     657     6,653     803  

Externally Managed Funds

    Event Driven     4,359     5,497     6,491     6,802  

Externally Managed Funds

    Fixed Income Arbitrage     83         83      

Externally Managed Funds

    Hedged Equity     1,255     878     4,386     3,055  

Externally Managed Funds

    Multi Strategy     1,541     1,533     7,785     4,292  

Externally Managed Funds

    Global Macro     567         2,053     679  

Externally Managed Funds

    Opportunistic Equity                 1,677  

Externally Managed Funds

    Managed Futures             2,430      
                         

 

        $ 9,827   $ 10,847   $ 32,651   $ 22,364  
                         

*
These Portfolio Funds are affiliates of the Company.
  • RTS Global 3x Fund LP's Portfolio Fund investments

        RTS Global 3x, which commenced operations in March 2010, invests over half of its equity in six externally managed portfolio funds which primarily concentrate on futures and global macro strategies. The following table presents the summarized investment information, which is primarily receivable/(payable) on derivatives, for the underlying Portfolio Funds held by RTS Global 3X, at fair value, as of June 30, 2011 and December 31, 2010:

 
  As of June 30,
2011
  As of December 31,
2010
 
 
  (dollars in thousands)
 

Bond future

  $ 11   $ (2 )

Commodity call option

    337     (5 )

Cash

        17,139  

Currency option

    1,211     191  

Commodity forward

    (262 )   32  

Commodity future

    (297 )   935  

Currency forward

    (27 )   (63 )

Currency future

    79     1,230  

Index future

    79     130  

Interest rate future

    57     (5 )
           

 

  $ 1,188   $ 19,582