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Investments of Operating Entities and Consolidated Funds
9 Months Ended
Sep. 30, 2012
Investments, Debt and Equity Securities [Abstract]  
Investments of Operating Entities and Consolidated Funds
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 September 30, 2012 and December 31, 2011, securities owned, at fair value consisted of the following:
 
As of September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
U.S. Government securities (a)
$
95,038

 
$
182,868

Common stocks
300,990

 
250,380

Convertible bonds (b)
50,854

 
18,130

Corporate bonds (c)
168,021

 
231,864

Options
26,543

 
55,699

Warrants and rights
4,436

 
2,759

Mutual funds
2,890

 
3,214

 
$
648,772

 
$
744,914

(a)
As of September 30, 2012, maturities ranged from November 2013 to August 2014 with interest rate of 0.25%. As of December 31, 2011, maturities ranged from November 2013 to November 2021 and interest rates ranged between 0.25% and 8%.
(b)
As of September 30, 2012, maturities ranged from October 2014 to June 2017 and interest rates ranged between 1.38% and 5.75%. As of December 31, 2011, the maturity was August 2027 with an interest rate of 2.75%.
(c)
As of September 30, 2012, maturities ranged from January 2013 to February 2041 and interest rates ranged between 4.52% and 13.50%. As of December 31, 2011, maturities ranged from January 2012 to February 2041 and interest rates ranged between 3.13% and 13.50%.
The Company's direct involvement with derivative financial instruments includes credit default swaps, futures, equity swaps, options and warrants and rights. Open equity positions 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 the Company to certain risks, such as price and interest rate fluctuations, volatility risk, credit risk, counterparty risk, foreign currency movements and changes in the liquidity of markets. The Company's overall exposure to financial derivatives is limited. The Company's long exposure to futures, equity swaps and currency forward derivative contracts, at fair value, as of September 30, 2012 and December 31, 2011 of $1.1 million and $0.8 million, respectively, is included in other assets in the accompanying condensed consolidated statements of financial condition. The Company's short exposure to futures, equity swap and currency forward derivative contracts, at fair value, as of September 30, 2012 and December 31, 2011 of $0.1 million and $0.8 million, respectively, is included in accounts payable, accrued expenses and other liabilities in the accompanying condensed consolidated statements of financial condition. The realized and unrealized gains/(losses) related to derivatives trading activities for the three months ended September 30, 2012, and 2011 were $1.3 million and $0.8 million and for the nine months ended September 30, 2012 and 2011 were $1.1 million and $0.6 million, respectively, and 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 September 30, 2012 and December 31, 2011, collateral consisting of $11.0 million and $8.1 million of cash, respectively, is included in receivable from brokers on the condensed consolidated statements of financial condition. As of September 30, 2012 and December 31, 2011 all derivative contracts were with multiple major financial institutions.
Other investments
As of September 30, 2012 and December 31, 2011, other investments consisted of the following:
 
As of September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
(1) Portfolio Funds, at fair value
$
47,287

 
$
40,350

(2) Real estate investments, at fair value
2,102

 
2,353

(3) Equity method investments
20,001

 
16,687

(4) Lehman claims, at fair value
761

 
553

 
$
70,151

 
$
59,943


(1)
Portfolio Funds, at fair value
The Portfolio Funds, at fair value as of September 30, 2012 and December 31, 2011, included the following:

As of September 30, 2012
 
As of December 31, 2011

(dollars in thousands)
Healthcare Royalty Partners (a)(*)
$
8,119

 
$
6,297

Healthcare Royalty Partners II (a)(*)
2,617

 
1,521

Ramius Global Credit Fund LP (b)(*)
13,600

 
11,790

Ramius Alternative Replication Ltd (c)(*)
831

 
837

Tapestry Investment Co PCC Ltd (d)
193

 
185

Ramius Enhanced Replication Fund LLC (e)(*)
708

 
337

Starboard Value and Opportunity Fund LP (f)(*)
12,246

 
11,123

RCG LV Park Lane LLC (g)
700

 

Other private investment (h)
7,413

 
7,415

Other affiliated funds (i)(*)
860

 
845

 
$
47,287

 
$
40,350

* These portfolio funds are affiliates of the Company
The Company has no unfunded commitments regarding the portfolio funds held by the Company except as noted for Healthcare Royalty Partners (formerly Cowen Healthcare Royalty Partners), Healthcare Royalty Partners II (formerly Cowen Healthcare Royalty Partners II) and Starboard Value and Opportunity Fund LP in Note 14.
(a)
Healthcare Royalty Partners and Healthcare Royalty Partners II are private equity funds and therefore redemptions will be made when the underlying investments are liquidated.
(b)
Ramius Global Credit Fund LP has a quarterly redemption policy with a 60 day notice period and a 4% penalty on redemptions of investments of less than a year in duration.
(c)
Ramius Alternative Replication Ltd has monthly redemption policy with a seven day notice period.
(d)
Tapestry Investment Company PCC Ltd is in the process of liquidation and redemptions will be made periodically at the investment managers' decision as the underlying investments are liquidated.
(e)
Ramius Enhanced Replication Fund LLC has monthly redemption policy with a seven day notice period.
(f)
Starboard Value and Opportunity Fund LP permits quarterly withdrawals upon ninety days notice.
(g)
RCG LV Park Lane LLC  is single purpose entity formed to participate in a joint venture which acquired, at a discount, the mortgage notes on a portfolio of multifamily real estate properties located in Birmingham, Alabama.  RCG LV Park Lane is a private equity structure and therefore distributions will be made when the underlying investments are liquidated.
(h)
Other private investment represents the Company's closed end investment in an investment company, which was formed to make an investment in a wireless broadband communication provider in Italy.
(i)
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 as investments are liquidated.

(2)
Real estate investments, at fair value
Real estate investments as of September 30, 2012 and December 31, 2011 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 $1.8 million and $1.6 million, respectively, and real estate debt investments held by the Company of $0.3 million and $0.8 million, respectively.
(3)
Equity method investments
Equity method investments include investments held by the Company in several operating companies whose operations 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. As the Company does not possess 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) Healthcare Royalty Partners General Partners, (b) an investment in the CBOE (Chicago Board Options Exchange) Stock Exchange LLC representing a 9.7% stake in the exchange service provider for which the Company exercises significant influence over through representation on the CBOE Board of Directors, and (c) Starboard Value LP (and certain related parties) which serves as an operating company whose operations 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 September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
RCG Longview Debt Fund IV Management, LLC
$
1,490

 
$
1,980

Healthcare Royalty GP, LLC (formerly Cowen Healthcare Royalty GP, LLC)
662
 
513
Healthcare Royalty GP II, LLC (formerly Cowen Healthcare Royalty GP II, LLC)
443
 
258
CBOE Stock Exchange, LLC
2,165
 
2,423
Starboard Value LP
7,651
 
3,693
RCG Longview Partners, LLC
1,698
 
1,569
RCG Longview Louisiana Manager, LLC
1,490
 
1,140
RCG Urban American, LLC
1,347
 
1,258
RCG Urban American Management, LLC
538
 
1,096
RCG Longview Equity Management, LLC
226
 
557
Urban American Real Estate Fund II, L.P.
1,564
 
1,541
RCG Kennedy House, LLC
396
 
323
Other
331
 
336
 
$
20,001

 
$
16,687


As of September 30, 2012 and December 31, 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 $1.5 million and $0.5 million, for the three months ended September 30, 2012 and 2011, respectively, and was $9.4 million and $2.9 million for the nine months ended September 30, 2012 and 2011, 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 and nine months ended September 30, 2012 and 2011, respectively.
For the period ended September 30, 2012 an equity method investment held by the Company has exceeded the 20% threshold for the income test required under SEC guidance. As such, the Company is required to present summarized income statement information for this significant investee for the current period. The summarized income statement information for the Company's investment in the individually significant investee is as follows:
 
 
Nine Months Ended September 30, 2012
 
(dollars in thousands)
Revenues
 
$
5,877

$
232

Expenses
 
(588
)
105

Net realized and unrealized gains (losses)
 
73

(21
)
Net Income
 
$
5,362

$
316


(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 $1.0 million, which the Company believes will represent an unsecured claim against LBIE. On November 2, 2012, the Company executed a Claims Determination Deed with respect to this claim.  By entering into this deed, the Company and LBIE reached agreement on the amount of the Company's unsecured claim, which was agreed to be approximately $0.9 million.  As a result of entering into this deed, the Company will be entitled to participate in the first dividend to unsecured creditors of LBIE, which is expected to be paid before the end of the year, though the amount of that dividend has not yet been determined. This does not include claims held by the Company against LBIE through its investment in Enterprise Master discussed in Note 6b(2). 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 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 27% discount as of September 30, 2012 and a 47% discount as of December 31, 2011, 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. (See Note 6b(2)).
Securities sold, not yet purchased, at fair value
Securities sold, not yet purchased, at fair value represent obligations of the Company to deliver a specified security at a contracted price and, thereby, create a liability to purchase that security 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, at fair value 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 September 30, 2012 and December 31, 2011 securities sold, not yet purchased, at fair value consisted of the following:
 
As of September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
U.S. Government securities (a)
$
8

 
$
165,197

Common stocks
195,911

 
123,877

Corporate bonds (b)
61

 
1,529

Options
14,725

 
43,648

 
$
210,705

 
$
334,251

(a)
As of September 30, 2012, maturities ranged from April 2016 to January 2040 and interest rates ranged between 5.95% and 7.41%. As of December 31, 2011, maturities ranged from September 2013 to January 2040 and interest rates ranged between 0.13% and 7.41%.
(b)
As of September 30, 2012, the maturity was January 2026 with an interest rate of 5.55%. As of December 31, 2011, maturities ranged from December 2016 to January 2026 and interest rates ranged between 5.55% and 9.50%.
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 September 30, 2012 and December 31, 2011:
 
As of September 30, 2012
 
(dollars in thousands)
Securities sold under agreements to repurchase
 
Agreements with Royal Bank of Canada bearing interest of 2.12% - 2.2% due on October 2, 2012 to June 25, 2013
29,039

Agreements with Barclays Capital Inc bearing interest of 0.25% - 0.27% due on October 1, 2012
94,800

 
$
123,839

 
As of December 31, 2011
 
(dollars in thousands)
Securities purchased under agreements to resell
 
Agreements with Barclays Capital Inc bearing interest of (0.38%) - 0.25% due on January 3, 2012
$
166,260

Securities sold under agreements to repurchase
 
Agreements with Royal Bank of Canada bearing interest of 1.53% - 1.58% due on January 3, 2012 to June 25, 2012
49,450

Agreements with Barclays Capital Inc bearing interest of 0.03% - 0.08% due on January 3, 2012
179,333

 
$
228,783


For all of the Company's holdings of Repurchase Agreements as of September 30, 2012, the repurchase dates are open and the agreement can be terminated by either party at any time. The agreements rolls over on a day-to-day basis.
Transactions involving purchases of securities under agreements to resell are carried at their contract value which approximates fair value. These fair value measurement would be categorized as level 1 within the fair value hierarchy. As of September 30, 2012 the Company held no collateral. As of December 31, 2011, the fair value of the collateral received by the Company, consisting of government and corporate bonds, was $166.7 million.
Transactions involving the sale of securities under Repurchase Agreements are carried at their contract value, which approximates fair value, and are accounted for as collateralized financings. In connection with these financings, as of September 30, 2012 and December 31, 2011, the Company had pledged collateral, consisting of government and corporate bonds, in the amount of $130.3 million and $243.1 million, respectively, which is included in securities owned, at fair value in the condensed consolidated statements of financial condition.
Other

During the second and fourth quarters of 2011, the Company acquired two Luxembourg reinsurance companies from third parties through a wholly-owned local subsidiary, which, upon acquisition, recorded deferred assets and subsequently deferred tax benefits. The purchase price of the reinsurance companies totaled EUR 234.8 million (USD $331.8 million). The acquisitions were not accounted for as business combinations as after separation from the transferor, the reinsurance companies do not meet the definition of a business and did not continue any normal revenue producing or cost generating activities.
b.
Consolidated Funds
Securities owned, at fair value
As of September 30, 2012 and December 31, 2011 securities owned, at fair value, held by the Consolidated Funds are comprised of:

As of September 30, 2012
 
As of December 31, 2011

(dollars in thousands)
Government sponsored securities (a)
$
1,501

 
$
2,006

Commercial paper (b)
1,594

 
3,927

Corporate bond (c)

 
401


$
3,095

 
$
6,334

(a)
As of September 30, 2012, maturities ranged from October 2012 to February 2014 and interest rates ranged between 0.32% and 1.74%. As of December 31, 2011, maturities ranged from October 2012 to October 2013 and interest rates ranged between 0.32% and 1.74%.
(b)
As of September 30, 2012, commercial paper was purchased at a discount and matures on October 1, 2012. As of December 31, 2011, commercial paper was purchased at a discount and matured on January 3, 2012.
(c)
As of December 31, 2011, the maturity was April 2012 with an interest rate of 0.58%.
Other investments, at fair value
As of September 30, 2012 and December 31, 2011 other investments, at fair value, held by the Consolidated Funds are comprised of:

As of September 30, 2012
 
As of December 31, 2011

(dollars in thousands)
(1) Portfolio Funds
$
198,235

 
$
221,480

(2) Lehman claims
6,860

 
7,340


$
205,095

 
$
228,820


(1)
Investments in Portfolio Funds, at fair value
As of September 30, 2012 and December 31, 2011, investments in Portfolio Funds, at fair value, included the following:

As of September 30, 2012
 
As of December 31, 2011

(dollars in thousands)
Investments of Enterprise LP
$
174,314

 
$
193,012

Investments of consolidated fund of funds
23,921

 
28,468


$
198,235

 
$
221,480


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 are recorded in other investments on the condensed consolidated statements of financial condition include Enterprise LP's investment of $174.3 million and $193.0 million in Enterprise Master as of September 30, 2012 and December 31, 2011, 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.
Investments of consolidated fund of funds investment companies
The investments of consolidated fund of funds investment companies are $23.9 million and $28.5 million as of September 30, 2012 and December 31, 2011, respectively. These investments include the investments of Levered FOF, Multi‑Strat Master FOF and Vintage Master FOF as of September 30, 2012 and Levered FOF, Multi‑Strat FOF and Vintage FOF as of December 31, 2011 (see Note 3b), all of which are investment companies managed by Ramius Alternative Solutions LLC. RTS Global 3X is consolidated as of September 30, 2012 and December 31, 2011, which is managed by Ramius Trading Strategies LLC. Multi‑Strat Master FOF's investment objectives (as was Multi-Strat FOF's objective) 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 Master FOF's investment objective (as was Vintage FOF's 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. Levered FOF, Multi‑Strat Master FOF and Vintage Master FOF are all in liquidation. 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 September 30, 2012 and December 31, 2011:
 
 
 
Fair Value as of September 30, 2012
 

Strategy
 
Ramius Levered Multi-Strategy FOF LP
 
Ramius Multi-Strategy Master FOF LP
 
Ramius Vintage Multi-Strategy Master FOF LP
 
RTS Global 3X Fund LP
 
Total
 
 

 
(dollars in thousands)
 
Tapestry Pooled Account V LLC*
Credit-Based
 
$
430

 
$
884

 
$
944

 
$

 
$
2,258

(b)
Independently Advised Portfolio Funds*
Futures & Global Macro
 

 

 

 
10,438

 
10,438

(c)
Externally Managed Portfolio Funds
Credit-Based
 
152

 
57

 
233

 

 
442

(b)
Externally Managed Portfolio Funds
Event Driven
 
1,562

 
2,339

 
3,781

 

 
7,682

(d)
Externally Managed Portfolio Funds
Hedged Equity
 
17

 
226

 
1,002

 

 
1,245

(e)
Externally Managed Portfolio Funds
Multi-Strategy
 
246

 
635

 
685

 

 
1,566

(f)
Externally Managed Portfolio Funds
Fixed Income Arbitrage
 
29

 
42

 

 

 
71

(g)
Externally Managed Portfolio Funds
Opportunistic Equity
 

 
103

 
116

 

 
219

(h)

 
 
$
2,436

 
$
4,286

 
$
6,761

 
$
10,438

 
$
23,921

 
 
 
 
Fair value as of December 31, 2011
 

Strategy
 
Ramius Levered Multi-Strategy FOF LP
 
Ramius Multi-Strategy FOF LP
 
Ramius Vintage Multi-Strategy FOF LP
 
RTS Global 3X Fund LP
 
Total
 
 
 
 
(dollars in thousands)
 
Ramius Multi-Strategy Master FOF LP*
Multi-Strategy
 
$

 
$
8,269

 
$

 
$

 
$
8,269

(a)
Ramius Vintage Multi-Strategy Master FOF LP*
Multi-Strategy
 

 

 
8,883

 

 
8,883

(a)
Tapestry Pooled Account V LLC*
Credit-Based
 
438

 

 

 

 
438

(b)
Independently Advised Portfolio Funds*
Futures & Global Macro
 

 

 

 
8,078

 
8,078

(c)
Externally Managed Portfolio Funds
Credit-Based
 
260

 

 

 

 
260

(b)
Externally Managed Portfolio Funds
Event Driven
 
1,992

 

 

 

 
1,992

(d)
Externally Managed Portfolio Funds
Hedged Equity
 
35

 

 

 

 
35

(e)
Externally Managed Portfolio Funds
Multi-Strategy
 
459

 

 

 

 
459

(f)
Externally Managed Portfolio Funds
Fixed Income Arbitrage
 
54

 

 

 

 
54

(g)
 
 
 
$
3,238

 
$
8,269

 
$
8,883

 
$
8,078

 
$
28,468

 
 *    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 comprised of several portfolio accounts, each of which will be advised independently by a 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 month for a $10,000 fee) and the notification period for redemptions is 5 business days (or 3 business days for intra month redemptions).
(d)
The Event Driven strategy is generally implemented through various combinations and permutations of merger arbitrage, restructuring and distressed instruments. The investments in this category are primarily 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 September 30, 2012, the investment manager has gated investments.
(h)
The Opportunistic Equity investment style seeks to profit from higher levels of realized market volatility giving to shorter term price momentum and mean reversion trading opportunities.  The investee fund manager has side-pocketed investments with undetermined payout dates.
(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. In December 2011, Enterprise Master received an aggregate of approximately $2.4 million relating to securities, interest and dividends earned with respect to securities held by LBIE on behalf of Enterprise Master. A distribution of $2.9 million occurred in February of 2012. Post-distribution, the remaining Net Equity Claim for Enterprise Master is $12.4 million. On November 2, 2012, Enterprise Master executed a Claims Determination Deed with respect to the unsecured portion of its claim against LBIE.  By entering into this deed, Enterprise Master and LBIE reached agreement on the amount of Enterprise Master's unsecured claim, which was agreed to be approximately $1.1 million.  As a result of entering into this deed, Enterprise Master will be entitled to participate in the first dividend to unsecured creditors of LBIE, which is expected to be paid before the end of the year, though the amount of that dividend has not yet been determined. Enterprise Master is valuing this claim at $8.6 million as of September 30, 2012. Of this amount, $6.9 million was attributable to Enterprise LP based on its ownership percentage in Enterprise Master at the time of the Administration. As discussed in Note 6a(4), the Company has an additional $1.0 million claim against LBIE as a result of certain cash and cash equivalent balances held at LBIE. LBIE claims consist of several components, 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 were valued at 73% with respect to US denominated Assets (which the Company believes to be held through Lehman Brothers, Inc. ("LBI")) and 73% with respect to foreign denominated Assets (which the Company does not believe are held through LBI) which represented the Company's estimate of potential recovery rates and (c) the remaining unsecured claims against LBIE were valued at 73%, which represented the Company's estimate of potential recovery rates with respect to this exposure using available market quotes. The Company believes that shortfalls with respect to trust assets that are not within LBIE's control will give rise to unsecured claims against LBIE. As a result, these claims were valued at 73%, as the Company believes the unsecured recovery rate may be higher than the recovery rate of the trust assets based on its current valuation methodology. 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 significant.
As a result of Enterprise Master and certain of the funds managed by the Company having assets 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, 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. There has been a recent announcement regarding an agreement in principle being reached between LBIE and LBI with respect to their claims against each other which should reduce the total amount of claims against the fund of customer property. This agreement in principle is non-binding and still subject to execution of a definitive agreement and approval of the bankruptcy court. 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, but taking into consideration the agreement in principle reached between LBIE and LBI and the reduction of the total amount of claims against LBI as contemplated by that agreement, management has estimated recovery with respect to the Company's exposure to LBI at 69% or $3.6 million as of September 30, 2012, 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 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 significant.(See Note 6a(4)).
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 September 30, 2012 and December 31, 2011, the Company assessed whether or not its Consolidated Funds 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 September 30, 2012 or December 31, 2011.
Underlying Investments of Unconsolidated Funds Held by Consolidated Funds
Enterprise Master
Enterprise LP's investment in Enterprise Master represents Enterprise LP's proportionate 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 September 30, 2012 and December 31, 2011:
Securities owned and securities sold, but not yet purchased by Enterprise Master, at fair value
 
As of September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
Bank debt
$
66

 
$

Common stock
2,353

 
2,173

Preferred stock
823

 
1,027

Private equity
294

 
276

Restricted stock
18

 
47

Rights
1,755

 
2,173

Trade claims
128

 
128

Warrants
3

 
3

 
$
5,440

 
$
5,827


Derivative contracts, at fair value, owned by Enterprise Master, net
 
As of September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
Currency forwards
$
8

 
$
53

 
$
8

 
$
53













Portfolio Funds, owned by Enterprise Master, at fair value
 
 
 
As of September 30, 2012
 
As of December 31, 2011

Strategy
 
Fair Value
 
 
 
(dollars in thousands)
624 Art Holdings, LLC*
Artwork
 
$
32

 
$
38

RCG Longview Equity Fund, LP*
Real Estate
 
14,326

 
14,460

RCG Longview II, LP*
Real Estate
 
1,280

 
1,592

RCG Longview Debt Fund IV, LP*
Real Estate
 
30,572

 
23,594

RCG Longview, LP*
Real Estate
 
293

 
271

RCG Soundview, LLC*
Real Estate
 
2,684

 
2,748

RCG Urban American Real Estate Fund, L.P.*
Real Estate
 
3,261

 
3,142

RCG International Sarl*
Multi-Strategy
 
864

 
870

Ramius Navigation Fund Ltd*
Multi-Strategy
 

 
1,106

RCG Special Opportunities Fund, Ltd*
Multi-Strategy
 
79,599

 
97,144

Ramius Credit Opportunities Fund Ltd*
Distressed
 

 
121

RCG Endeavour, LLC*
Multi-Strategy
 
48

 
47

RCG Energy, LLC *
Energy
 
19,255

 
16,560

RCG Renergys, LLC*
Energy
 
1

 
2

Other Private Investments
Various
 
15,923

 
16,580

Real Estate Investments
Real Estate
 
13,670

 
15,795

 
 
 
$
181,808

 
$
194,070

*
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, when Multi‑Strat FOF's and Vintage FOF were consolidated as of December 31, 2011, represented their proportionate share of their master fund's net assets; as a result, the master funds investments in Portfolio Funds reflected below may have exceeded the net investments which Multi‑Strat FOF and Vintage FOF have recorded. Due to a restructuring related to the liquidation of the funds, Multi‑Strat Master FOF and Vintage Master FOF were first consolidated during the first quarter of 2012 (see Note 3b). The following table presents summarized investment information for the underlying Portfolio Funds held by Multi‑Strat Master FOF and Vintage Master FOF, at estimated fair value, as of December 31, 2011:
 
 
 
As of December 31, 2011
 
Strategy
 
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
 
$
552

 
$

Tapestry Pooled Account V, LLC*
Credit-Based
 
901

 
962

Externally Managed Funds
Credit-Based
 
40

 
399

Externally Managed Funds
Event Driven
 
3,015

 
5,044

Externally Managed Funds
Fixed Income Arbitrage
 
79

 

Externally Managed Funds
Hedged Equity
 
1,272

 
1,753

Externally Managed Funds
Multi Strategy
 
1,319

 
1,442

 
 
 
$
7,178

 
$
9,600

*
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. RTS Global 3X's investments in the portfolio funds represent its proportionate share of the portfolio funds net assets; as a result, the portfolio funds' investments reflected below may exceed the net investment which RTS Global 3X has recorded. The following table presents the summarized investment information, which primarily consists of receivables/(payables) on derivatives, for the underlying Portfolio Funds held by RTS Global 3X, at fair value, as of September 30, 2012 and December 31, 2011:
 
As of September 30, 2012
 
As of December 31, 2011
 
(dollars in thousands)
Bond futures
$
482

 
$
(2
)
Commodity options

 
181

Currency options

 
487

Commodity forwards
(650
)
 
51

Commodity futures
1,087

 
756

Currency forwards
(65
)
 
157

Currency futures
504

 
418

Energy futures
76

 
2

Equity future
(59
)
 

Foreign currency option

 
358

Index options
(9
)
 
80

Index futures
(1,837
)
 
80

Interest rate futures
670

 
20

Interest rate options

 
(25
)
 
$
199

 
$
2,563