- 20 - selected appropriate multiples for RBI stock. Mr. Herber determined a value of $28,500,000 for RBI stock using the transaction analysis. In reaching his conclusions, Mr. Herber, unlike Mr. Schroeder, did not consider the effects of any potential loan impairment. iii. Effect of Potential Loan Impairment In their disagreement over the experts’ transaction analyses, the parties focus on whether the multiples that the experts selected should reflect the impairment risk of the loan to the Havrillas and the pending bankruptcy of Jefferson/Keeler.8 Although Mr. Schroeder considered the potential of a loan impairment in his report, it is unclear whether or to what extent it depressed his appraisal.9 Accordingly, we are unpersuaded that Mr. Herber’s failure to consider the potential loan impairment materially undermines his valuation recommendations. 8 The difference in the values that the estate’s expert, Gary L. Schroeder, and respondent’s expert, William C. Herber, determined is not solely attributable to differing treatments of the potential loan impairment. The experts also relied upon different guideline transactions, which resulted in the use of different price/earnings, price/equity, and price/assets ratios. Respondent, however, raises no issues as to the remaining aspects of Mr. Schroeder’s transaction analysis, including his selection of guideline transactions. Similarly, the estate does not appear to dispute the remaining aspects of Mr. Herber’s transaction analysis. 9 Furthermore, the record reflects that Mr. Schroeder’s knowledge and understanding of the circumstances of the loan impairment were, in key respects, faulty.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011