Manhattan Lures REITs Capitalizing on Rising Rents as Sales Lag: Mortgages

Tom Toomey, chief executive officer of real estate investment firm UDR Inc. (UDR), is betting the best rental deal in Manhattan is owning the whole building.
The nation’s third-largest apartment real estate investment trust bought a five-tower apartment complex on Columbus Avenue between West 97th and 100th streets for about $630 million last month, with rents from $2,500 for a studio or one-bedroom apartment to more than $10,000 a month for a penthouse suite. It’s Toomey’s fifth purchase in Manhattan in the past year as rents soar and financing difficulties make it harder for individuals to buy.
“Financing and underwriting are much tighter,” Toomey said in a telephone interview. With purchases requiring larger down payments, “people are going to stay renters for a long time,” said Toomey, who’s based in Highlands Ranch, Colorado.
Strict lending standards for so-called jumbo mortgages have contributed to declining home buying across the U.S. by even the most creditworthy borrowers as issuance of the loans has dropped 68 percent since 2007. Nowhere is that more evident than in Manhattan, where the median price of a two-bedroom apartment is about $1.2 million, almost twice the limit backed by government- supported mortgage companies Fannie Mae and Freddie Mac.
Manhattan rents rose 9.5 percent last quarter to an average $3,121, Miller Samuel Inc. and Prudential Douglas Elliman Real Estate said in a report last month. That’s about three times the rate for the 44 largest apartment markets in the U.S., according to Marcus & Millichap, a real estate brokerage firm. Manhattan rental apartment vacancy rates fell to a four-year low of 0.96 percent last year, down from 1.2 percent a year earlier and 1.9 percent in 2009, according to brokerage Citi Habitats. Vacancy bottomed in 2006 at 0.76 percent.

Wall Street Pay

“The key to the strength of the rental market is tightness of credit,” Jonathan Miller, president of appraiser Miller Samuel, said in a telephone interview. “It takes quadruple-A bizarre credit requirements to get approved.”
Jumbo loans exceed limits set for government-controlled mortgage companies by congress. For New York that’s $625,500.
Wall Street’s pay practices are also making it harder to buy, as financial firms increasingly pay bonuses in stock and deferred cash, said Alan Johnson, managing director of compensation consultant Johnson Associates Inc.
Morgan Stanley, Credit Suisse Group AG and Citigroup Inc. have all reduced senior investment bankers’ pay for last year as revenue slows. Morgan Stanley is capping immediate cash bonuses at $125,000, people with knowledge of the move said last month.

Shorter Commitment

“It’s not a great sign for the financial sector contributing to purchasing apartments because there’s no sense of urgency to buy,” said Johnson. “Rentals are a much shorter commitment.”
Renters outnumber homeowners in the country’s largest cities including New York, Los Angeles and Chicago. More than 77 percent of Manhattan’s occupied units were rented in the decade ended 2010, compared with nearly 23 that were owned, data from the Census Bureau showed.
Nationally, the home ownership rate fell 1.1 percent to 65.1 percent from 2000 to 2010, the largest decrease since the Great Depression, according to the U.S. Census Bureau.
Low vacancy rates and rents that are likely to continue climbing this year have made apartments the “darling” of commercial real estate, according to Ryan Severino, economist at research firm Reis Inc.

Apartment Indices

The Bloomberg REIT Apartment Index (BBREAPT) of 16 publicly traded landlords returned 10 percent in the past year, including reinvested dividends, compared with returns of 6.8 percent for the Bloomberg REIT Index (BBREIT) and 5.2 percent for the Standard & Poor’s 500 Index. Equity Residential (EQR), the largest U.S. apartment REIT, returned 11.2 percent in the past year, according to data compiled by Bloomberg, and UDR gained 10.8 percent.
Toomey said in August that the REIT planned to invest as much as $1.8 billion in Manhattan apartment buildings. Its most recent purchase, about 700 apartment units at Columbus Square on the Upper West Side, was a joint venture with MetLife Inc. (MET), the biggest U.S. life insurer.
They partly funded the purchase with $302.3 million of 10- year fixed- and floating-rate debt from Fannie Mae, the government-supported mortgage company, UDR said in a statement last month. The loans pay 3.8 percent interest.
That compares with a rate of 4.85 percent for a 30-year jumbo mortgage to an individual in New York (ILMJNY) and 4.73 percent nationally, according to Bankrate.com data. For conforming Freddie Mac (NMCMFUS) loans, rates are 3.95 percent, after falling to 3.87 percent this month, the lowest in records dating to 1971.

Housing Limits

Lenders have been wary to issue mortgages for non- conforming loans including jumbos since the housing market started falling in 2006 and losses on mortgage securities propelled the nation into the worst financial crisis since the Great Depression.
For Fannie Mae and Freddie Mac, the conforming limit is $625,500 in high-priced markets such as New York, San Francisco and the Florida Keys, compared with $417,000 for most of the rest of the country. The Federal Housing Administration (FHAVARM$), a government agency with the goal of expanding ownership for “underserved” communities, according to its website, will insure loans up to $729,750 in New York.
Banks and mortgage lenders issued $110 billion in jumbo loans last year, up 5.8 percent from 2010, according to Guy Cecala, publisher of Inside Mortgage Finance. The market has contracted from $348 billion in 2007 after peaking in 2003 at $650 billion.

Origination Volumes

Mortgage origination overall was down 17 percent year-over- year to $1.35 trillion, the lowest in over a decade, according to Cecala.
Lenders and bankers, no longer able to package jumbo loans and sell them to investors, are required to have enough capital to carry non-conforming debt on their books until maturity.
“Some don’t have the ability to keep it on their balance sheets,” Monte N. Redman, president of bank holding company Astoria Financial Corp., said in a telephone interview.
FHA loans are also harder to get in Manhattan, and aren’t available at all for co-op apartments, because borrowers purchase shares in the building’s management company instead of buying the property itself. The FHA does limited lending for condominiums, units individually grouped into a cluster. It insured 107 mortgages for condos in Manhattan last year, compared with 90 in 2010 and 42 in 2009, the FHA said.

Manhattan Sales

Manhattan co-op and condominium sales totaled 2,011 in the fourth quarter, 12.4 percent less a year earlier, according to Miller Samuel and Prudential.
Non-conforming loans nationally accounted for nearly 2 percent of all purchase applications last year, up 33 percent relative to 2010, according to the Mortgage Bankers Association’s monthly profile of state and national mortgage activity.
Those loans have tougher standards such as high interest rates and down payments ranging from 25 to 40 percent, according to Mike Fratantoni, vice president of research for the Mortgage Bankers Association.
“They’re only available to the best credit borrowers,” Fratantoni said.
Financing a purchase with loans above government limits won’t get easier until the secondary market grows an appetite for jumbo loans, according to Miller of Miller Samuel.
The secondary market comprises mortgage bankers, savings and loan associations and large private investment institutions that buy mortgages from primary lenders or investors.

MBS Sales

There are signs of revival for mortgage-backed securities, according to Jan Scheck, managing director at DE Capital Mortgage, a New York-based mortgage consulting firm.
Redwood Trust Inc. (RWT), a real estate investment trust based in Mill Valley, California, has completed four sales of bonds totaling about $1 billion tied to new U.S. home loans since 2010, according to Mike McMahon, managing director of Redwood, which specializes in jumbo loans.
Wells Fargo & Co., the nation’s largest home lender, plans to trim credit requirements this year as it aims to increase its loan volume, according to Greg Gwizdz, sales manager for the eastern U.S. for Wells Fargo Home Mortgage. The bank reduced the cost of loans over $2 million last month and is lowering post- closing requirements for cash reserves, he said.
“We’re seeing a fair amount of demand, we have a strong appetite and we’re doing a lot of volume,” Gwizdz said in a telephone interview.
Wells Fargo funded $13.7 billion in non-conforming loans across the nation for the nine month period ending September, the San Francisco-based lender said. In Manhattan its volume of loans without government backing increased 56 percent from a year earlier.

William Beaver House

For now, building owners don’t have time to wait for the rebound. William Beaver House in Manhattan’s Financial District was mostly empty in 2010, two years after the 47-story condominium tower was built. It’s almost 90 percent occupied after owner CIM Group converted the units to luxury rentals costing more than $8,000 a month for a three-bedroom. A down payment on a $3 million apartment at William Beaver would range anywhere from $750,000 to over $1 million, per jumbo loan standards. A pre-recession down payment, averaging 20 percent or less, would have cost $600,000.
“Without the conversion, the condos wouldn’t have sold or would have sold at half the price,” Bob Scaglion of Rose Associates, the company’s manager, said. Eventually, the owners want to put the condominiums back on the purchase market, according to Heather McDonough, broker for Prudential Real Estate who works to sell William Beaver units.
“The rentals are in high demand,” McDonough said. “In a few years, maybe it will be different.”
To contact the reporter on this story: Christine Harvey in New York at charvey32@bloomberg.net
To contact the editor responsible for this story: Rob Urban at robprag@bloomberg.net
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DPG Investments Scores with New Advisory Partners for Global Multi-Strategy Investment and Advisory Platform

SCOTTSDALE, Ariz.–(BUSINESS WIRE)–DPG Investments, LLC, and affiliates are building bench strength with the addition of three well-known executives and operating partners to the DPG advisory team. The new team members bring defined, proven skill sets with significant track records and extensive global networks to assist the continued growth of DPG’s private equity and merchant-banking platform.
A.C. Green, three-time NBA Champion and All-Star, brings his leadership and mentorship qualities in addition to his significant network and global business platform to DPG’s partnerships. Prior to his financial career, Mr. Green spent 16 seasons in the NBA and won three world championships with the Los Angeles Lakers. A.C. Green played in more consecutive games than any other player in NBA history, and only missed three games in his professional basketball career. His current ventures include the A.C. Green Youth Foundation, which helps kids build character, strong bodies and minds, and teaches winning and losing with dignity, teamwork and sacrifice.
Tom Blinten, founder of Panamax Capital, adds his 25 years of experience with over $12 billion in executed transactions to DPG Investments. Mr. Blinten has a proven track record as a global dealmaker and financier across a multitude of sectors, along with significant capital market distribution capabilities. His experience supports DPG and its affiliate’s growth initiative to expand their diversified, multi-strategy merchant-banking platform into Latin American and Asia. The addition of Mr. Blinten is expected to provide immediate opportunities for DPG’s Alternative Investment practice, which focuses on cross-border M&A, capital advisory and capital formation strategies, with an emphasis on international large-scale energy and infrastructure project financing. DPG also has ongoing participation in the Panamax Capital platform.
Ziad Abdelnour, founder and CEO of Blackhawk Partners, brings yet another seasoned deal maker, trader, financier and merchant banker extraordinaire to the DPG team. Mr. Abdelnour’s 25 years of industry experience and $10 billion in transaction volume provide key enhancements to the existing DPG Corporate Private Equity practice. This practice specifically focuses on lower/middle market management-led and leveraged buy-outs, special-situation investing, renewable energy and large project financing. Mr. Abdelnour’s leadership provides a solid foundation for the growth of DPG’s Corporate Finance and Buy-Out practice. Mr. Abdelnour’s most recent book, “Economic Warfare,” is quickly becoming a must-read for anyone interested in the underpinnings of the U.S. economy. Daniel P. Galvanoni will serve as special partner to the Blackhawk Partners platform.
DPG Investments and its affiliates provide global alternative investment management and advisory services. With offices in Arizona and California, DPG specializes in the allocation of capital across various asset classes on behalf of its select high net worth and ultra-high net worth family offices and institutional private equity managers. DPG’s current focus in the alternative investment sector includes real estate lending and acquisition, renewable energy and natural resources, corporate private equity, asset management, fund-to-fund advisory and venture capital. Through its solid platform and disciplined approach, DPG maintains a predominant foothold in the capital markets, trafficking significant and high-quality opportunities on a consistent basis.
Currently, DPG works principally and in conjunction with its numerous domestic and international capital partners, which service a diverse scope of transactions on a co-investment and allocation basis. These partners include, but are not limited to, hedge funds, REITS, equity portfolios, private merchant banks, pension funds and life insurance companies. DPG maintains a strong focus on ultra-high net worth family office partnerships throughout the U.S., Asia, Latin America and Europe.
The statements contained herein may include statements of future expectations and other forward-looking statements that are based on management’s current views and assumptions, and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. In addition to statements which are forward-looking by reason of context, the words “may,” “will,” “should,” “expects,” “plans,” “intends,” “anticipates,” “believes,” “estimates,” “predicts,” “potential,” or “continue” and similar expressions identify forward-looking statements.
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The Longevity Opportunity in the U.S. is Comparable to Emerging BRIC Markets

Lafayette, California (PRWEB) February 13, 2012
In 2011 the first of the baby boomer generation began turning 65 years old. Near daily stories in the media are generated about the issues, needs, impact, influence and sheer size of the eldest of our population. The growing discourse includes changes to retirement trends, the fact that the 55+ age group is the fastest-growing segment of entrepreneurs, the call to advertisers that they can no longer afford to ignore this audience, and announcements of new outlets catering to these demographics. From aging-in-place technologies to social and mobile media, to the spending power of grandparents, the overall wealth of opportunities in meeting the needs of this mature market is the purpose of the ninth annual What’s Next Boomer Business Summit, being held March 28 in Washington, D.C. There the country’s leading analysts, top researchers and executive strategists will gather to introduce new research, products and services, and to present the definitive ways to reach and successfully sell to baby boomers and senior consumers. It is the event to meet the entrepreneurs and brand teams pursuing the baby boomer customer, and learn the marketing strategies that work to reach them.
It opens with a keynote delivered by veteran political strategist Donna Brazile, on ‘Designing a Personalized Business Model for the New Economy’. Jody Holtzman, SVP of Thought Leadership Group at AARP will define and examine the entrepreneurial and market opportunities related to the new Longevity Economy. His keynote will unearth current economic activity related to the demographic phenomenon of people living longer, richer lives and will address areas where the needs and wants of Americans 45 and older are not being met. Also, he will present a new framework for approaching both the societal needs and economic opportunities related to a changing and vital population.
The event tracks will explore trends in the following areas, with agenda highlights:

•     Innovation and frugality
•     Baby boomers have the money and desire to bond with their grandchildren, but given today’s investment climate, will there be money in the future for them to inherit? Moderator Lori Bitter, President, Crew Media, will get Jodi Olshevski, Assistant VP, The Hartford, Robert Stephen, VP, My Home & Family Portfolio, IVS-Portfolio Management, AARP, and Sandy Timmermann, Assistant Vice President, MetLife and Director of the MetLife Mature Market Institute to tell what are the changes and choices in work, retirement, and for money protection that older adults can make to thrive in the age of lowered expectations.
•     It is the mature consumer segment that is currently generating the most interest and excitement–grandparents. The grandparent economy is large (40 million), growing and lucrative. Grandparents are spending money on necessities, learning and luxury for their grandchildren. They are investing in tuition, tutoring, and technology. Missy Sullivan, Senior Editor of the Wall Street Journal’s Smart Money, and Robert Stephen, VP, My Home & Family Portfolio, IVS-Portfolio Management, AARP, identify the business ecosystem of brands baby boomers are embracing with this new role.
•     Baby boomer women are the chief purchasing officers, chief caregiving officers, and chief healthcare officers for their families. They often influence purchase decisions in travel and investment for themselves and extended families. Myrna Blyth, Editor in Chief of ThirdAge.com shares insights from her inspiring panel of women in new media and business.
•     Integrated media and marketing, social, mobile, gaming
•     Moderated by Deborah Jacobs of Forbes, the ‘Tech Trends’ session will answer what mature consumers want most from their smart phones, tablets, and the Internet itself. Laurie Orlov, Founder, Aging in Place Technology Watch, and Lee Rainie, Director, Pew Research Center’s Internet & American Life Project, will present the latest data to answer this, and discuss how that information can drive investment and strategies of companies small and large.
•     ‘Boomer Trends in E-tailing, Retailing and Mobile Commerce’ session delves into dramatic changes in consumer buying behavior in an online and mobile world. It is forcing retailers to think, staff and partner in new ways. Moderated by Gail Kirby, PhD, Marketing, Santa Clara University, she will have Jeff Hasen, CMO, Hipcricket and Candace Corlett, President, WSL Strategic Retail navigate the multiple-channel world of today.
•     Attendees will discover the latest trends in how companies are using media to drive leads, with industry leaders that include AARP’s Director of Social Communications & Strategy, Tammy Gordon.
•     Beth Carpenter, Digital Distribution, AARP brings with her one of the many bright minds from Google for the in-demand session ‘Using Google, Facebook and Twitter to Build Your Business’ that will aid businesses by showing them how to leverage Google’s many free products to maximize web traffic, conduct search engine optimization, and use tools such as Ad Words, Twitter, and Facebook to connect and engage potential customers.
•     The new service economy of housing, caregiving, mobility and healthcare
•     The prospect of a stalled homebuilding industry creating a surge in age-in-place remodeling is explored by Steve French, Managing Director, Natural Marketing Institute (NMI), and Gail Gibson Hunt, President & CEO, National Alliance for Caregiving. They explain why wireless home health technology will blossom in the face of health reform, and debate if the growing number of caregivers (and their policy influence) will get the attention of Congress.
•     The ‘Health Services 3.0’ panel will consider the businesses that are meeting baby boomers on their technology platform of choice when it comes to managing their health. Examining the burgeoning mHealth realm, this panel will include Jeff Shoemate, Vice President of Innovation & Business Development, United Healthcare-Medicare & Retirement, Ilya Oshman, SVP, FP&A, Weight Watchers and Charlotte Yeh, Chief Medical Officer, AARP.
•     Entrepreneurship and encore careers
•     With increased longevity, and a need and desire to work, boomers are exploring encore careers in record numbers. Mary Furlong, President & CEO, Mary Furlong & Associates, and Gene Zanlo, CEO, MBO Partners, will explore the fields with the greatest growth and case studies of those who are reimagining life anew.

Often cited as worth the cost of registration alone, the ‘Lunch with the Experts’ is every attendee’s chance for exclusive access to the best analysts, authors, bloggers, and boomer market experts at this summit. The list of table hosts is available at http://boomersummit.com/lunch.html.
The complete list of speakers is available at http://www.boomersummit.com/speakers.html.
“The boomer, senior and caregiver markets are large and growing. The changing economy has created a shift in spending that is becoming the new normal. This conference brings together the most innovative companies and top thought leaders in marketing, innovation and distribution,” Mary Furlong, What’s Next conference producer shared. “These markets are growing as rapidly as the emerging markets of Brazil, Russia, India and China. Join us in March to discover the important segments in the longevity economy.”
A press conference will take place on March 29 at 11:00 a.m. at the National Press Club. Speakers and sponsors will be making their new research product and service announcements.
Sponsors of What’s Next Boomer Business Summit are, at the platinum level: AARP, UnitedHealthcare and Crew Media; at the gold level: Microsoft, Linkage, Silverado Senior Living, MBO Partners, RLTV and Caring.com; at the silver level: General Mills, Google, GreatCall, Facetime Strategy, The Hartford, SilverRide, GrandCare Systems, Innovate LTC, Independa Inc., Starkey; at the bronze level: ABHOW, Hipcricket, Posit Science, MetLife Mature Market Institute, VibrantNation; refreshment break sponsor is Moving Mavens and Moving Solutions.
Registration, agenda and additional event details available at http://www.boomersummit.com. Registration costs are $275 at early bird rate (extended to February 21), $350 at the advance rate (February 22 to March 26) and $450 on March 27 and onsite.
What’s Next Boomer Business Summit
The ninth Annual What’s Next Boomer Business Summit is produced by Mary Furlong & Associates. What’s Next Boomer Business Summit is affiliated with the American Society on Aging (ASA) Aging in America Conference being held on March 28 to April 1, 2012 in Washington, D.C. Registration and program information is available at http://www.boomersummit.com. Facebook page is http://www.facebook.com/pages/2012-Whats-Next-Boomer-Business-Summit. Twitter username is WhatsNextBoomer, and hashtag is #boomersummit. It is produced by Mary Furlong & Associates.
Mary Furlong & Associates
Founded in 2003, Mary Furlong & Associates (MFA) works with companies seeking to capitalize on new business and investment opportunities in the Baby Boomer market. MFA provides business development, financing strategy and integrated marketing solutions to entrepreneurs, corporations and non-profit organizations serving the 50+ market. Mary Furlong, Ed.D., the firm’s founder and CEO, has guided the offline and online 40+ market strategies of leading corporations and non-profit organizations for more than 20 years. In 2011, Furlong was honored as one of the top 100 Women of Influence by the Silicon Valley Business Journal. Furlong is Dean’s Executive Professor of Entrepreneurship at Santa Clara University’s Leavey School of Business, and previously founded SeniorNet and ThirdAge Media. Her latest book, Turning Silver into Gold: How to Profit in the New Boomer Marketplace (FT Press), was published in 2007. More information available at http://www.maryfurlong.com.

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AP Enterprise: Brown bank regulator an insider

SACRAMENTO, Calif. —
Gov. Jerry Brown’s appointee to head the department that oversees banking, financial and consumer regulations in California led a trade association that fought against tighter lending restrictions before the subprime mortgage crisis exploded and was an executive with Washington Mutual when the now-failed bank was among the most aggressive marketers of loans to high-risk borrowers.
Jan Owen, a Democrat, also is named in a congressional inquiry into whether lawmakers and certain executives received preferential treatment for home loans, although she was not accused of wrongdoing.
Consumer advocates said they are watching Owen’s decisions carefully to see how she performs in her role as commissioner of the California Department of Corporations. The Democratic governor appointed her in December to the $143,000-a-year position, and she started in January.
Owen, 59, of West Sacramento, has a long resume in California, including stints in both business and government, but it is her history with organizations that were at the heart of the mortgage meltdown that stands out in a state that has one of the highest home foreclosure rates in the nation.
Owen served as state director of government and industry affairs at Washington Mutual from 2002 until its collapse in 2008, one of the largest bank failures in American history. It was taken over by JP Morgan Chase, where Owen stayed on as vice president of government affairs until 2009.
“It is of concern if a person who takes a job there, at that pay level in particular, has such experience, particularly with the mortgage bankers association, JPMorgan and Washington Mutual,” said Rick Jacobs, president of the Courage Campaign, which advocates on behalf of policies for poor and working-class families.
“These are big institutions, some of which don’t even exist anymore because of what they did in the mortgage business, and what they did to California,” Jacobs said. “That should be watched very carefully.”
Owen declined to be interviewed by The Associated Press for this story, but a spokesman for the Department of Corporations, Mark Leyes, responded to questions by email and telephone. He said Owen’s professional background is an asset because she understands consumer issues.
“Understanding these industries and how they function- and fail – improves the ability to regulate effectively,” Leyes said in an email.
He said the department protects consumers by licensing and regulating the network of financial services and securities businesses, including brokers, dealers, investment advisers, financial planners and lenders. Because Owen “really understands how these complex industries operate, she knows what to look for and how to crack down,” Leyes said.
Officials with several consumer groups said they were hesitant to openly criticize Owen’s background because they will have to work with her in her new role. Lawmakers similarly were hesitant because Owen’s appointment still has to be approved in the Legislature. Although Owen’s appointment requires confirmation by the state Senate, she is allowed to work for up to one year before lawmakers decide.
Some consumer advocates who have worked with Owen in the past praised her, saying she was responsive to their concerns.
Orson Aguilar, executive director of the Greenlining Institute, a Berkeley-based national policy group that advocates for racial and economic justice, said he often found himself on the opposite side of the table from Owen on consumer protection and affordable housing issues when she was an executive at Washington Mutual.
“I think people would be surprised, but definitely she was somebody who was easy to work with and she got it. She just didn’t pay lip service, she tried her hardest” to help poor communities, he said.
Before joining Washington Mutual, Owen was executive director of the California Mortgage Bankers Association from 2000 to 2002, where she worked on behalf of lenders on regulatory issues that she now is in charge of enforcing.
Owen was among those who argued against a 2001 bill that attempted to control high-interest predatory lending several years before the collapse of the housing industry, which helped propel the state’s unemployment rate to more than 12 percent during the height of the recession.
SB60 by then-Sen. Joe Dunn, a Democrat, would have required lenders to assess whether potential recipients of high-interest, high-risk loans had the means to repay them and required the attorney general to document complaints against lenders.
The bill sought to end the “abusive practices imposed upon a captive market,” according to its text.
“These abusive tactics, known as `predatory lending’ practices, range from the charging of exorbitant fees and interest rates from those least likely to afford them, to aggressive sales of costly and unnecessary services, to outright fraud aimed at forcing foreclosures and allowing seizures of property,” the bill said.
That was 2001, long before most Americans had heard about the complex lending and financial instruments that contributed to the collapse of the housing market and billions of dollars in bank bailouts.
A report that year in American Banker, a trade magazine, notes that a hearing on the bill was canceled and said Owen’s office contacted the senator to try to “work with him” on it. A newsletter for bankers association members from 2001 quotes Owen as saying the legislation and other bills like it would turn lenders away from California, which would lead to complaints that low-income buyers and the elderly could not receive loans.
“There is a fine line between protecting consumers and making the process so cumbersome and risky that lenders will simply do business elsewhere,” she said in the newsletter.
Dunn’s bill died in committee that year.
The former senator, who is now executive director of the State Bar of California, did not return a call from The Associated Press seeking comment.
Leyes, of the Department of Corporations, said industry groups argued that the law duplicated existing federal regulations, although those did not cap interest rates or fees on loans. He noted that the association did not take an official public position on the bill.
“The industry wasn’t supportive of Dunn’s bill and similar efforts that year or in that time period. Jan was employed by the association, the CMBA, and she needed to represent their point of view,” he said.
Leyes said a similar bill by then-Sen. Carole Migden passed later. The Mortgage Bankers Association also lobbied against that bill.
The association also is listed as an opponent of the California Financial Privacy Act by then-Assemblyman Tim Leslie, which sought to prohibit financial companies from sharing customers’ data unless customers opted in. That legislation, AB21, died in a committee in 2002.
The California Reinvestment Coalition is one of many groups that lobbied in the early 2000s for tighter lending standards and more restrictions on high-interest loans. Its associate director, Kevin Stein, said he did not recall whether Owen spoke out publicly against the Dunn bill but said her resume raises some concerns about whether she will be an effective advocate for consumers.
Stein called Washington Mutual a “perfect example of what happens when regulators don’t regulate.”
“So she’s aware of that, and maybe there’s some appreciation that she might have for the role that regulations can and should play,” he said.
A spokesman for the governor, Gil Duran, said is uniquely qualified to lead the department.
“Jan Owen is a highly experienced and respected commissioner with a deep knowledge of California’s complex industries and regulations. Gov. Brown picks appointees based on their qualifications,” he said.
Owen’s name also is cited in two congressional investigations.
They include a 2009 inquiry into the collapse of Countrywide Financial Corp. as a potential “Friend of Angelo” – a reference to former Countrywide chief executive Angelo Mozilo, who helped high-profile clients get discounted mortgages.
Once the country’s largest lender, Countrywide played a major role in the collapse of the housing market because it aggressively pushed complicated home loans to people with a questionable ability to repay.
An April 2003 email exchange cited as part of the House Oversight and Government Reform Committee’s investigation begins with an email message from Owen to Pete Mills, then-senior vice president of legislative and government regulatory affairs for Countrywide Home Loans.
“Don’t forget name and telephone number of the guy for refi for us,” Owen wrote.
Mills then emailed another Countrywide executive, asking him or “one of your top people,” to help Owen. In addition to noting her government affairs position at Washington Mutual, Mills refers in his email to Owen as “a good friend of Countrywide from her days as executive director at Calif. MBA.” A follow-up email urges another staffer to offer Owen a discount of half a percentage point on her loan and “no junk fees.”
Leyes said Owen does not remember ever receiving a refinancing offer from Countrywide, and public records reviewed by The Associated Press do not show her or her husband having any loans from the company for the two Sacramento-area homes they have owned.
The report concluded that Countrywide loan officers waived fees and knocked off points for VIP borrowers at no cost, saving them thousands of dollars in deals that were not available to regular applicants. It does not say whether Owen received a loan with preferential terms.
“She didn’t seek any preferential treatment even though she may have kind of innocuously asked into the terms that Countrywide provided for a refinance,” Leyes said. “What’s unfortunate is that that got included in that report back then and it didn’t get challenged or corrected at the time.”
Owen’s name also surfaced in a July 2010 House Ethics Committee investigation that cleared Rep. Laura Richardson, D-Long Beach, of wrongdoing in the foreclosure of her Sacramento home, an action that Washington Mutual later rescinded. Owen was among the bank officials who dealt with Richardson’s case.
Before she worked for the trade association and the banks, Owen was chief consultant to the Senate Banking Committee in the Legislature from 1992 to 1995, a deputy commissioner at the Department of Financial Institutions under former Gov. Gray Davis from 1996 to 1999 and acting commissioner from 1999 to 2000, when she left to head the bankers association
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2011 U.S. Venture Capital Investment in Cleantech Steady at $4.9 Billion Despite Tough Economy

BOSTON, Feb. 1, 2012 /PRNewswire/ –  US venture capital (VC) investment in cleantech companies reached $4.9 billion in 2011, flat in terms of deals and down 4.5% in terms of capital invested compared to 2010, according to an Ernst & Young LLP analysis based on data from Dow Jones VentureSource.  However, this represents a 29% increase from the $3.8 billion raised in 2009. In Q4 2011 VC investment in cleantech reached $940.5 million with 70 rounds of financing.
“Cleantech is still in the early stages of a long-term journey,” said Jay Spencer, Ernst & Young LLP’s Americas Cleantech Director. “We’ve reached a point where new products and services are ready to be launched, and as these products come to market, we’re seeing renewed interest, innovation and opportunity in cleantech.”
Energy/Electricity Generation segment leads annual growth
The Energy/Electricity Generation segment led investment in 2011 with $1.5 billion raised through a total of 71 rounds, representing a 5% decrease in dollars invested from 2010. The Solar sub-segment received the lion’s share of capital in Q4 2011 with $284.5 million, accounting for 91% of the sector’s total investment of $312.9 million. The top Solar deal for this quarter was completed by Stion Corp., a San Jose-based a manufacturer of high-efficiency, thin-film solar panels, which raised $130.0 million.
The Industry Products and Services segment completed 2011 with the second largest amount raised at $1.0 billion, down 34% from 2010. In Q4 2011, the segment raised $256.2 million, with strong support from the Transportation sub-segment, which raised $203.2 million or 79% of the Q4 2011 total, a 36% increase from the amount raised in Q4 2010. The largest deal was for the quarter was completed by Better Place, a Palo Alto-based provider of electric car networks, which raised $201.0 million.
The Energy Storage segment ranked third in terms of total amount invested in 2011, with $932.6 million through 28 deals representing a 253% increase from 2010 in dollars invested and a 47% increase in number of deals. In Q4 2011, the segment raised $35.0 million, all of which can be attributed to the Batteries sub-segment. With $30.0 million raised, VIA Motors Inc., a Utah-based electric vehicle development and manufacturing company, secured the largest battery transaction in Q4 2011.
Companies in the Energy Efficiency segment attracted $646.9 million in 2011, a 29% decrease from 2010. The segment, however, led both the year and quarter in rounds of financing with 78 deals and 21 deals respectively. Q4 2011 investments in this segment were led by the Energy Efficiency Products sub-segment with $57.5 million raised through 10 deals.
Revenue generating companies lead with investments received
Cleantech companies in the revenue generation stage of development accounted for 69% of dollars invested, up from 50% in 2010.  Total dollars invested in companies at this stage of development reached $3.4 billion, a 31% annual increase.  
Capital market activity
Growth in the US cleantech market in 2011 was supported by five cleantech IPOs – up from three in 2010. Three of the 2011 deals were completed by companies focused on biofuels: Solazyme Inc., Gevo Inc. and KiOR Inc. Two more IPOs were completed in Q4 2011, one by Intermolecular Inc., a San Jose-based research and development company for the semiconductor and clean energy sectors that raised $96.5 million, and another by Rentech Inc., a Los Angeles-based provider of clean energy solutions, that raised $136.8 million.  A total of $688.3 million was raised through cleantech IPOs in 2011.
“There’s a strong appetite among cleantech companies to go public and we see tremendous opportunity as this industry continues to mature,” said Spencer. “The growing IPO pipeline shows viable, long-term potential.”
In terms of other capital market activity, there were 13 mergers and acquisitions (M&A) with a disclosed value of $150.5 million in Q4 2011, according to Bloomberg New Energy Finance. Total M&A activity in 2011 reached 79 deals with a total disclosed value of $2.8 billion.
Additionally, in Q4 2011, the US recorded 39 new–build clean energy asset financings with a total deal value of $1.8 billion, according to Bloomberg New Energy Finance. New-build asset financing in 2011 totaled $23.2 billion in 234 deals, of which the $2.5 billion financing of the 855MW NRG Energy Project Amp PV plant was the largest.
Corporate activity in solar and wind
Corporate activity was especially focused in two areas: solar and wind. In the solar market, Google Inc. and Kohlberg Kravis Roberts & Co. (KKR) invested $189.0 million in four California solar farms totaling 88 MW of capacity. The projects will be built by Recurrent Energy Inc., a unit of Sharp Corp.  Additionally, NRG Energy Inc. acquired solar-power developer Solar Power Partners, deepening NRG’s involvement in the solar power market.
On the wind front, MidAmerican Energy bought 49% of the $1.8 billion 290 MW Agua Caliente project based in Yuma County, Arizona, which is being developed by NRG Energy. Duke Energy Corp. and American Transmission Co. bought a power line project to bring wind energy from Wyoming to the US Southwest.  MidAmerican Energy acquired three wind power projects with a combined capacity of 404.8 MW in Iowa.
Cleantech partnerships across multiple segments
Vestas is teaming with IBM to improve return on wind power investment by using the IBM BigInsights analytics software and an IBM Firestorm supercomputer to increase energy output. Honeywell is teaming up with AliphaJet to boost the development and eventual commercialization of renewable jet fuels from plant and animal matter. Mascoma is teaming up with Valero Energy to develop its first commercial-scale cellulosic ethanol plant at an expected cost of $232.0 million.
Additionally, key players in the EV space are collaborating to expand the accessibility of EVs. Walmart will participate in ECOtality’s EV Project, which is tasked with overseeing the installation of 14,000 hosted charging stations at select stores in 18 metropolitan areas. ECOtality will integrate its Blink EV charging stations with Silver Spring Networks’ Smart Energy Platform to enable utilities to offer customers more EV charging options globally.
Regional highlights
California continues to lead national cleantech investment in 2011 with $2.8 billion raised. In Q4 2011 alone, California garnered 67% of all dollars with $629.5 million through 26 deals. Massachusetts raised the second highest level of annual investments with $465.1 million, a 63% increase from last year. Colorado had investments of $363.3 million throughout 2011, a 28% increase from 2010, making it the state with the third highest level of investments.
About Ernst & Young‘s Strategic Growth Markets Network
Ernst & Young’s worldwide Strategic Growth Markets Network is dedicated to serving the changing needs of rapid-growth companies. For more than 30 years, we’ve helped many of the world’s most dynamic and ambitious companies grow into market leaders. Whether working with international mid-cap companies or early stage venture-backed businesses, our professionals draw upon their extensive experience, insight and global resources to help your business achieve its potential. It’s how Ernst & Young makes a difference.
About Ernst & Young
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For more information, please visit www.ey.com.
Ernst & Young refers to the global organization of member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients.
This news release has been issued by Ernst & Young LLP, a US client-serving member firm of Ernst & Young Global Limited.
Note to editors:Data analyzed in the press release encompasses equity financings–including cash investments by professional venture capital firms, corporations, other private equity firms, and individuals–into cleantech companies that have received at least one round of venture funding.
Ernst & Young uses the following definitions to classify the cleantech industry and its sub-sectors:
Clean technology encompasses a diverse range of innovative products and services that optimize the use of natural resources or reduce the negative environmental impact of their use while creating value by lowering costs, improving efficiency, or providing superior performance.

• Alternative Fuels – Biofuels, natural gas
• Energy / Electricity Generation – Gasification, tidal/wave, hydrogen, geothermal, solar, wind, hydro
• Energy Storage – Batteries, fuel cells, flywheels
• Energy Efficiency – Energy efficiency products, power and efficiency management services, industrial products
• Water – Treatment processes, conservation & monitoring
• Environment – Air, recycling, waste
• Industry Focused Products and Services – Agriculture, construction, transportation, materials, consumer products

CORRECTING and REPLACING Medical Properties Trust in $400 Million Transaction with Ernest Health, Inc. to Add 16 …

BIRMINGHAM, Ala.–(BUSINESS WIRE)– Second and third sentences of the first graph under PORTFOLIO UPDATE AND FUTURE OUTLOOK section should read: Based solely on the portfolio as of December 31, 2011, the Ernest transactions and the related financing transactions, the Company estimates that annualized Normalized FFO per share would approximate $0.88 to $0.92 per diluted share. The Florence Hospital in Arizona, which is expected to open in the first quarter of 2012, will add approximately $0.03 of FFO annually per diluted share, as previously announced.
The corrected release reads:
MEDICAL PROPERTIES TRUST IN $400 MILLION TRANSACTION WITH ERNEST HEALTH, INC. TO ADD 16 HOSPITALS TO PORTFOLIO
FFO Accretion of 26%
Medical Properties Trust, Inc. (NYSE: MPW – News) today announced that it has agreed to a series of transactions with Ernest Health, Inc. that will add 16 existing post acute care hospitals to MPT’s investment portfolio for approximately $300 million. In addition, the Company will acquire a significant percentage of Ernest Health’s operations, in partnership with Ernest Health’s management team. This $400 million transaction increases Medical Properties Trust’s overall assets by 25 percent, to more than $2.0 billion.
Upon completion of the transactions, which is subject to regulatory and other customary conditions, MPT is expected to have investments in 78 hospital facilities in 24 states, total assets of approximately $2.0 billion and no tenant group that represents more than 20% of its total assets. The transactions are expected to add approximately $0.19 per share in funds from operations in the 12 months following the closing, which is anticipated to occur during the first quarter of 2012. Based on MPT’s most recently disclosed expectations of future FFO, the incremental FFO from the Ernest transactions will represent an increase of 26%.
Founded in 2003, Ernest Health, Inc. is one of the nation’s leading operators of long-term acute care hospitals (“LTACHs”) and inpatient rehabilitation hospitals (“IRFs”). Headquartered in Albuquerque, New Mexico, Ernest operates 16 properties (8 LTACHs and 8 IRFs) with 606 beds across nine states. Subsequent to the transactions, Ernest will be managed pursuant to agreements with current executive management, including Darby Brockette, Ernest’s Chief Executive Officer.
“We are delighted to welcome Ernest Health to the MPT family of premier healthcare facilities,” said Edward K Aldag, Jr., chairman, president and CEO of Medical Properties Trust, Inc. “We have known the Ernest management team for a long time and we have watched the company grow from its inception during the same year MPT was founded. We have been very impressed with Ernest’s growth and with the management team’s dedication to the delivery of high quality healthcare.” Aldag continued, “With transformative, highly accretive transactions like these, we continue to demonstrate our unique ability to create high quality long term sources of cash flow from hospital real estate. Completing these transactions will give MPT upside potential to the long term growth of Ernest, and adds another premiere post acute hospital operator to our relationships with others such as Vibra, Kindred, Healthsouth, LifeCare, Cornerstone and Post Acute.”
Among other benchmarks of quality, Aldag noted that Ernest Health’s inpatient rehabilitation facilities have been ranked among the top five percent of more than 800 IRFs in the United States – and that has held true of each Ernest rehabilitation hospital during each year of its operations. “This commitment to outstanding patient outcomes is only one of the many factors that make the acquisition of Ernest Health so attractive,” Aldag said.
Transaction Details
MPT will acquire the real estate assets of 12 Ernest facilities for an aggregate purchase price of $200 million, and lease the properties back to Ernest under a master lease structure with an initial term of 20 years and three five-year extension options. The real estate of four other Ernest facilities will serve as first lien collateral under a $100 million master mortgage loan with economic terms substantially similar to the master lease. The master lease, the master mortgage loan and the development agreements are all cross-defaulted and cross-collateralized.
A venture between an MPT affiliate and existing management of Ernest will acquire Ernest Health, Inc. for approximately $100 million, including approximately $96.5 million in MPT financing. MPT will have rights to a significant percentage of the profits and distributions of Ernest.
The Company intends to fund the acquisition with a combination of borrowings under MPT’s revolving credit facility, borrowings under a new term loan facility, as described below, net proceeds from other debt or equity capital market issuances, or a combination of the foregoing.
RBC Capital Markets, LLC acted as MPT’s exclusive financial advisor for this transaction.
PORTFOLIO UPDATE AND FUTURE OUTLOOK
Upon completion of this transaction, Medical Properties Trust’s portfolio metrics will approximate the following:

• Largest operator will comprise 20% of pro forma total assets;
• Assets in California will comprise 22% of pro forma total assets;
• MPT’s largest property will make up 4% of pro forma total assets;
• General acute care hospitals will comprise approximately 51% of total invested assets, LTACHs 27%, and IRFs 21%

At December 31, 2011, the Company had total real estate investments of approximately $1.5 billion comprised of 62 healthcare properties in 21 states leased to 20 hospital operating companies. Based solely on the portfolio as of December 31, 2011, the Ernest transactions and the related financing transactions, the Company estimates that annualized Normalized FFO per share would approximate $0.88 to $0.92 per diluted share. The Florence Hospital in Arizona, which is expected to open in the first quarter of 2012, will add approximately $0.03 of FFO annually per diluted share, as previously announced. Such amounts do not include any amount for income from operating company equity.
This estimate will change if, among other things, the Ernest transactions are not completed, the Company acquires additional assets, market interest rates change, debt is refinanced, new shares of common stock are issued, additional debt is incurred, assets are sold, the River Oaks property is leased, other operating expenses vary or existing leases do not perform in accordance with their terms. In addition, these estimates do not include the effects, if any, of real estate operating costs, litigation costs, debt refinancing costs, acquisition costs, new interest rate hedging activities, write-offs of straight-line rent or other non-recurring or unplanned transactions; nor do they include earnings, if any, from the Company’s profits interests or other investments in lessees.
“This is just the beginning of 2012 and there is still plenty of time left for making other investments this year,” Aldag concluded. “There are many other opportunities to invest with other strong hospital operators like Ernest Health, and we are enthused about the additional growth possibilities in 2012 and beyond.”
SENIOR CREDIT FACILITIES
In connection with announcement of the Ernest transactions, on January 31, 2012, the Company received a commitment letter and term sheet for an $80.0 million senior unsecured term loan facility from J.P. Morgan Chase Bank, N.A. and RBC Capital Markets, LLC. The term sheet provides for customary financial and operating covenants, substantially consistent with the Company’s existing revolving credit facility, including covenants relating to total leverage ratio, fixed charge coverage ratio, mortgage secured leverage ratio, recourse mortgage secured indebtedness, consolidated adjusted net worth, unsecured leverage ratio and interest coverage ratio, and covenants restricting the incurrence of debt, imposition of liens, the payment of dividends and entering into affiliate transactions. The term sheet also provides for customary events of default, including among others, nonpayment of principal or interest, material inaccuracy of representations and failure to comply with our covenants.
The Company expects to close and fund the new term loan facility concurrently with the closing of the Ernest transactions. Effectiveness of the new term loan facility is subject to, among other things, definitive documentation and the satisfaction of customary closing conditions. The Company cannot guarantee that it will be able to successfully close the new term loan facility on the terms described herein or at all.
The Company’s existing revolving credit facility includes an accordion feature pursuant to which borrowings thereunder can be increased up to $400.0 million from $330.0 million. The Company requested a $70 million increase in its revolving credit facility contemporaneously with the closing of the new term loan facility. The Company expects that the administrative agent under the revolving credit facility will arrange a syndicate of lenders willing to hold the requested incremental revolving commitments but the Company cannot guarantee that commitments will be obtained for this incremental facility. The Company currently has $1.3 million outstanding under its revolving credit facility.
CONFERENCE CALL AND WEBCAST
The Company has scheduled a conference call and webcast on Tuesday, January 31, 2012 at 4:30 p.m. Eastern Time to present the Company’s financial and operating results for the quarter and year ended December 31, 2011 and to discuss this acquisition. The dial-in telephone numbers for the conference call are 800-573-4842 (U.S.) and 617-224-4327 (International); using passcode 18361530. The conference call will also be available via webcast in the Investor Relations’ section of the Company’s website, www.medicalpropertiestrust.com.
A telephone and webcast replay of the call will be available from shortly after the completion through February 14, 2012. Telephone numbers for the replay are 888-286-8010 and 617-801-6888 for U.S. and International callers, respectively. The replay passcode is 57805063.
About Medical Properties Trust, Inc.
Medical Properties Trust, Inc. is a Birmingham, Alabama based self-advised real estate investment trust formed to capitalize on the changing trends in healthcare delivery by acquiring and developing net-leased healthcare facilities. These facilities include inpatient rehabilitation hospitals, long-term acute care hospitals, regional acute care hospitals, ambulatory surgery centers and other single-discipline healthcare facilities, such as heart hospitals and orthopedic hospitals. For more information, please visit the Company’s website at www.medicalpropertiestrust.com.
The statements in this press release that are forward looking are based on current expectations and actual results or future events may differ materially. Words such as “expects,” “believes,” “anticipates,” “intends,” “will,” “should” and variations of such words and similar expressions are intended to identify such forward-looking statements. Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results of the Company or future events to differ materially from those expressed in or underlying such forward-looking statements, including without limitation: the possibility that the Ernest transactions are not consummated; if consummated, new risks related to integrating the Ernest assets and business; the potential adverse consequences related to financing the Ernest acquisitions with debt; the capacity of the Company’s tenants to meet the terms of their agreements; annual Normalized FFO per share; the amount of acquisitions of healthcare real estate, if any; the repayment of debt arrangements; statements concerning the additional income to the Company as a result of ownership interests in certain hospital operations and the timing of such income; the restructuring of the Company’s investments in non-revenue producing properties; the payment of future dividends, if any; completion of additional debt arrangements; and additional investments; national and economic, business, real estate and other market conditions; the competitive environment in which the Company operates; the execution of the Company’s business plan; financing risks; the Company’s ability to maintain its status as a REIT for federal income tax purposes; acquisition and development risks; potential environmental and other liabilities; and other factors affecting the real estate industry generally or healthcare real estate in particular. For further discussion of the factors that could affect outcomes, please refer to the “Risk factors” section of the Company’s Form 10-K for the year ended December 31, 2010, as amended, and as updated by our subsequently filed Quarterly Reports on Form 10-Q and our other SEC filings. Except as otherwise required by the federal securities laws, the Company undertakes no obligation to update the information in this press release.\
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Premier Service Bank Announces Financial Results for the Quarter and Year Ended December 31, 2011

RIVERSIDE, Calif.–(BUSINESS WIRE)– Premier Service Bank (OTCBB:PSBK.OB – News) today announced its unaudited financial results for the quarter and year ended December 31, 2011.
For the year ended December 31, 2011, the Bank reported a net loss of $2.19 million, or ($1.77) per diluted share, compared to a net loss of $3.26 million, or ($2.66) per diluted share for the year ended December 31, 2010. The net loss for the fourth quarter of 2011 was $820 thousand, or ($0.66) per diluted share, compared to a net loss of $707 thousand, or ($0.57) per diluted share for the fourth quarter of 2010. The variance in earnings between the respective periods is primarily attributed to the provisions to the Bank’s allowance for loan losses, which, for the year ended December 31, 2011, totaled $2.79 million, compared to $4.01 million for the year ended December 31, 2010. The provision to the allowance for loan losses for the fourth quarter of 2010 totaled $910 thousand, compared to $960 thousand for the same period in 2010.
At December 31, 2011, the Bank had $8.93 million of non-performing loans, representing 8.61% of the Bank’s total loans, compared to $8.21 million of non-performing loans, or 6.98% of total loans, at December 31, 2010. Impairment analyses are performed on the Bank’s non-performing loans and impairment adjustments, if any, are written off as a part of this process. The Bank had foreclosed real estate of $2.92 million at December 31, 2011, compared to foreclosed real estate of $1.87 million at December 31, 2010. All non-performing loans were on non-accrual at December 31, 2011 and 2010. The allowance for loan losses totaled $2.36 million at December 31, 2011, or 2.28% of total loans as of that date, compared to $2.55 million at December 31, 2010, or 2.17% of total loans as of that date.
At December 31, 2011, the Bank had total assets of $141 million, representing a decrease of $14.7 million or 9.45% compared to total assets of $156 million at December 31, 2010. Total deposits at December 31, 2011 were $111.8 million, representing a 9.43% reduction compared to total deposits of $123.4 million at December 31, 2010. Non-interest bearing demand deposits totaled $41.1 million at December 31, 2011, representing 36.8% of total deposits at that date, compared to $37.6 million of non-interest bearing demand deposits at December 31, 2010, which represented 30.5% of total deposits at that date.
The Bank’s gross loan portfolio totaled $103.7 million at December 31, 2011, representing an 11.9% decrease compared to gross loans of $117.6 million at December 31, 2010. Unfunded credit commitments stood at $7.6 million at December 31, 2011, representing a 42.9% decrease when compared to unfunded commitments of $13.3 million at December 31, 2010.
The Bank’s net interest margin for the year ended December 31, 2011 was 4.82%, a decrease of 0.14% compared to the net interest margin of 4.96% for the year ended December 31, 2010. The Bank’s net interest margin for the quarter ended December 31, 2011 was 4.64%, a decrease of 0.09% compared to the net interest margin of 4.73% for the fourth quarter of 2010.
At December 31, 2011, the Bank was adequately capitalized under applicable regulatory guidelines. Total shareholders’ equity at December 31, 2011 was $10.7 million, representing a decrease of $2.2 million, or 17%, compared to total shareholders’ equity of $12.9 million at December 31, 2010. On December 1, 2010, the Bank entered into a Consent Order with the Federal Deposit Insurance Corporation and the California Department of Financial Institutions. Among the provisions of the Consent Order is the requirement that within 90 days from the effective date of the Order (by February 28, 2011), the Bank shall increase and thereafter maintain its Tier I capital in such an amount to ensure that the Bank’s leverage ratio equals or exceeds 9.50 percent and its total risk-based capital ratio equals or exceeds 12 percent. The Bank was not in compliance with this requirement as of February 28, 2011 as required by the Order. As of December 31, 2011, these capital ratios were 7.21% and 10.78%, respectively. As a result, the Bank had not achieved compliance, as of December 31, 2011, with the capital ratios required by the Order. The Bank attempted to comply with the capital requirements of the Order during 2011, but its private placement offering during 2011 of up to $10 million of common stock to accredited investors was not successful. The stock permit issued by the DFI for that offering expired on December 23, 2011, and the Bank did not request an extension of the permit in view of the stale financial statements included in the offering and other factors. Because the Bank did not sell the minimum amount required by the offering, all subscriptions were returned when the offering expired. Before the Bank may commence a new offering, it must receive audited financial statements for its year ended December 31, 2011, and a new stock permit must be issued. Audited financial statements are anticipated to be issued in early February. At that time, if the Bank has not satisfied the capital ratios required by the Order, the Bank intends to seek a new stock permit from the Department of Financial Institutions for the sale of up to $10 million of common stock to accredited investors in another nonpublic offering. While the Bank continues to be adequately capitalized under applicable regulatory guidelines, in order to comply with the capital requirements of the Consent Order the Bank will need to complete the proposed capital offering in 2012 or find another solution which improves its capital ratios, including the possible sale of the Bank or a transfer of control of the Bank, or taking steps to decrease the asset size of the Bank until the ratios are in compliance with the Consent Order.
The Bank’s President and Chief Executive Officer, Kerry L. Pendergast, stated, “While 2011, in most respects, was a continuum of 2010, there are anecdotal signs suggesting that, perhaps, the local marketplace is beginning to shows some signs of stabilization. While it is too early to state that we’ve turned the corner, I would suggest that our customers appear to be more optimistic about the future.”
Pendergast went on to say, “Throughout 2011 Premier Service Bank focused its efforts on managing the credit portfolio; while this message has been embedded in our releases for quite some time, it is central to returning the Bank to consistent profitability. Recognizing that delinquency is generally a precursor to more serious issues developing in a relationship, management and staff intensified their collection efforts throughout the year; as a result, overall delinquency within the institution has been trending downward over the last 2 quarters. In 2011 the Bank contributed $2.79 million to its Allowance for Loan Losses as compared to a contribution of $4.01 million in 2010; this serves to support the belief that the pace of problem loans is beginning to decline and that appraisal valuations, tied to Classified Commercial Real Estate Loans, are also beginning to stabilize.”
Pendergast said in closing, “While improving the overall asset quality of the Bank continues to be the primary focus of the executive management team and our Board of Directors, our entire team works tirelessly to ensure that our “customer first” mindset does not get lost in the process. Throughout the year, all of the Bank’s front line officers participated in a structured calling program that focused on the Bank’s existing customer base; at a minimum, each client assigned to an account officer was called on at least twice within the calendar year. The importance of retention calling cannot be overstated and is critical in an environment where large, money center banks are entering the region with the dollars and the resources to buy market share.”
Premier Service Bank is a California state-chartered bank with two offices, its headquarters office in Riverside and a full-service banking office in Corona. The Bank provides commercial banking services, including a wide variety of checking accounts, investment services with competitive deposit rates, on-line banking products, and real estate, construction, commercial and consumer loans, to small and medium-sized businesses, professionals and individuals. Additional information about Premier Service Bank is available at its website at www.premierservicebank.com.
Forward-looking Statements
This news release contains statements that are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on current expectations, estimates and projections about Premier Service Bank’s business based, in part, on assumptions made by management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such forward-looking statements due to numerous factors, including those described above and in the following: Premier Service Bank’s ability to increase its assets, deposits and total loans, control expenses, retain critical personnel, manage interest rate risk, manage technological changes, address regulatory requirements, and other risks discussed from time to time in Premier Service Bank’s filings and reports with the Federal Deposit Insurance Corporation. In addition, such statements could be affected by general industry and market conditions and growth rates, and general domestic and international economic conditions. Such forward-looking statements speak only as of the date on which they are made, and Premier Service Bank does not undertake any obligation to update any forward-looking statement to reflect events or circumstances after the date of this release.
For a more complete discussion of risks and uncertainties, investors and security holders are urged to read Premier Service Bank’s annual report on Form 10-K, quarterly reports on Form 10-Q and other reports filed by Premier Service Bank with the FDIC.
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Financial Data – Premier Service Bank
(Unaudited)
				Quarter Ended
(In Thousands)				Dec. 31, 2011						Sept. 30, 2011						June 30, 2011						Mar. 31, 2011						Dec. 31, 2010
Interest income(not taxable equivalent)				$	1,750					$	1,843					$	1,959					$	1,938					$	2,063
Interest expense					222						232						245						291						329
Net interest income					1,528						1,611						1,714						1,647						1,734
Provision for loan losses					910						275						884						725						960
Net interest income after provision for loan losses					618						1,336						830						922						774
Non-interest income					129						148						261						178						163
Non-interest expense					1,566						1,625						1,722						1,694						1,644
Income before income taxes					(819	)					(141	)					(631	)					(594	)					(707	)
(Benefit)/Provision for income taxes					1						-						-						-						-
Net income				$	(820	)				$	(141	)				$	(631	)				$	(594	)				$	(707	)
				Quarter Ended
(In Thousands)				Dec. 31, 2011						Sept. 30, 2011						June 30, 2011						Mar. 31, 2011						Dec. 31, 2010
Per share:
Net income – basic				$	(0.66	)				$	(0.12	)				$	(0.51	)				$	(0.48	)				$	(0.57	)
Weighted average shares used in basic					1,261						1,261						1,261						1,261						1,261
Net income – diluted				$	(0.66	)				$	(0.12	)				$	(0.51	)				$	(0.48	)				$	(0.57	)
Weighted average shares used in diluted					1,261						1,261						1,261						1,261						1,261
Book value at period end				$	5.22					$	5.89					$	6.00					$	6.49					$	6.97
Ending shares					1,261						1,261						1,261						1,261						1,261
Balance Sheet – At Period-End
Cash and due from banks				$	22,867					$	21,875					$	17,947					$	22,636					$	24,060
Investments and Fed fund sold					8,446						7,724						9,766						10,250						8,476
Gross Loans					103,668						109,429						111,500						113,645						117,624
Deferred fees					(198	)					(211	)					(233	)					(254	)					(263	)
Allowance for loan losses					(2,359	)					(3,130	)					(2,803	)					(2,561	)					(2,549	)
Net Loans					101,111						106,088						108,464						110,830						114,812
Other assets					8,832						9,398						10,559						10,592						8,644
Total Assets				$	141,256					$	145,085					$	146,736					$	154,308					$	155,992
Non-interest-bearing deposits				$	41,130					$	43,246					$	43,762					$	44,947					$	37,588
Interest-bearing deposits					70,629						69,499						70,519						77,347						85,809
Other liabilities					18,812						20,818						20,797						19,749						19,737
Shareholders’ equity					10,685						11,522						11,658						12,265						12,858
Total Liabilities and Shareholders’ equity				$	141,256					$	145,085					$	146,736					$	154,308					$	155,992
Asset Quality & Capital – At Period-End
Non-accrual loans				$	8,926					$	9,591					$	6,309					$	8,047					$	8,209
Loans past due 90 days or more					-						-						-						-						-
Other real estate owned					2,927						3,194						4,036						3,927						1,865
Other bank owned assets					-						-						-						-						-
Total non-performing assets				$	11,853					$	12,785					$	10,345					$	11,974					$	10,074
Allowance for losses to loans, gross					2.28	%					2.86	%					2.51	%					2.25	%					2.17	%
Non-accrual loans to total loans, gross					8.61	%					8.76	%					5.66	%					7.08	%					6.98	%
Non-performing loans to total loans, gross					8.61	%					8.76	%					5.66	%					7.08	%					6.98	%
Non-performing asset to total assets					8.39	%					8.81	%					7.05	%					7.76	%					6.46	%
Allowance for losses to non-performing loans					26.43	%					32.63	%					44.43	%					31.83	%					31.05	%
Total risk-based capital ratio					10.78	%					11.15	%					10.92	%					11.27	%					11.64	%
Tier 1 risk-based capital ratio					9.52	%					9.88	%					9.66	%					10.00	%					10.38	%
Tier 1 leverage ratio					7.21	%					7.86	%					7.73	%					7.87	%					8.05	%

Peter O'Malley teams with South Korea investor in bid for Dodgers

Peter O’Malley’s bid to buy back the Dodgers is supported by financing from the South Korean conglomerate E-Land, two people familiar with the Dodgers’ sale process said Monday.
If the O’Malley bid is successful, E-Land Chairman Song Soo Park will become a major investor in the Dodgers, one of the people said.
The ownership group also would have investors from Los Angeles. O’Malley has had discussions with Tony Ressler, a minority owner of the Milwaukee Brewers and co-founder of Los Angeles-based Ares Capital, according to a person familiar with the talks.
O’Malley would be the Dodgers’ chief executive. Foreign investment is not necessarily an obstacle to MLB ownership; the Seattle Mariners’ ownership group includes a significant Japanese presence.
An E-Land spokesman confirmed Tuesday the company is involved in the Dodgers bidding but would not elaborate. O’Malley declined to comment.
On Tuesday, as South Koreans woke up to the news that local investors might own one of America’s most storied baseball teams, the Korean Baseball Organization — the top professional league in South Korea — had no comment.
Among the baseball fans in chat rooms and on bulletin boards, the reaction leaned negative.
Rather than being proud of owning a foreign franchise as a way to extend Korean cultural and economic influence abroad, many fans here wondered why their moneyed elite didn’t invest their millions in Korean clubs. And, despite the experience of the Mariners, the fans expressed skepticism that foreign-backed ownership would be permitted.
“If an outsider could purchase a Major League Baseball team, then Chinese companies would’ve gotten their hands on it already,” wrote one bulletin board contributor.
Wrote another: “Why won’t they invest in finding a new Korean Baseball team instead?”
The people who liked the idea said it would pave the way for more Korean talent to make its way to the major leagues.
“Having a hand in the Dodgers will allow Korean players to more easily make the jump. It’s good marketing,” wrote one fan.
O’Malley is one of at least eight prospective owners to make last Friday’s first cut.
The others include East Coast investment baron Steven Cohen, St. Louis Rams owner Stan Kroenke, and groups led by Magic Johnson, Beverly Hills developer Alan Casden, Los Angeles developer Rick Caruso and former Dodgers manager Joe Torre, investor and civic leader Stanley Gold and the family of the late Roy Disney, and New York media investor Leo Hindery and investor Tom Barrack of Santa Monica-based Colony Capital.
Frank McCourt, the Dodgers’ departing owner, expects the team to sell for at least $1.5 billion. That would be almost double the previous record price for a major league club, set when the Ricketts family bought the Chicago Cubs for $845 million in 2009.
Under O’Malley, the Dodgers were pioneers in international baseball, particularly in Asia. In 1994, three years before O’Malley sold the team to News Corp., Dodgers pitcher Chan Ho Park became the first Korean player to appear in a major league game.
In November, O’Malley joined Park and former Dodgers pitcher Hideo Nomo — the second Japanese player to appear in the majors — in an investment partnership to own and operate the Dodgers’ old spring home in Vero Beach, Fla. Park and Nomo agreed to use their homeland connections to help lure teams, camps and clinics to Vero Beach.
E-Land, a dominant fashion retailer in South Korea, has expanded its business interests into such areas as hotels and resorts, restaurants and construction, according to the company website. The company is family-run and privately held.
According to the E-Land website, the company opened its first U.S. retail store in 2007 at a mall in Stamford, Conn., under the brand name “Who A.U.” The slogan for the brand: California Dream.
bill.shaikin@latimes.com
twitter.com/BillShaikin
Shaikin reported from Los Angeles and Glionna reported from Seoul.


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MIPS Technologies Reports Second Quarter Fiscal 2012 Financial Results

SUNNYVALE, Calif., Jan. 25, 2012 (GLOBE NEWSWIRE) — MIPS Technologies, Inc. (Nasdaq:MIPS – News), a leading provider of industry-standard processor architectures and cores for digital home, networking and mobile applications, today reported consolidated financial results for its second fiscal quarter of 2012 ended December 31, 2011. All financial results are reported in U.S. GAAP unless otherwise noted.
Summary Second Quarter Fiscal 2012 Financial Metrics:

• Revenue was $15.3 million, a quarter-to-quarter decrease of 11 percent
• Licensee royalty units grew to 186 million units from 173 million units in Q1’12
• Non-GAAP net income was $0.6 million or $0.01 per share; down $0.04 per share from Q1’12
• Cash and investment balances ended the quarter at $110.7 million, representing an increase of $4.1 million from September 30, 2011

Revenue from royalties was $13.2 million, while license revenue was $2.1 million. The Company’s fiscal Q2’12 GAAP net loss was $1.0 million or $0.02 per share compared to net income of $0.5 million and $0.01 per share in the first quarter of fiscal 2012.
Non-GAAP net income in the second quarter of fiscal 2012, which excludes certain stock and non-recurring charges, was $0.6 million or $0.01 per share, compared with $2.6 million or $0.05 per share in the first quarter of fiscal 2012. The tables below provide a reconciliation of non-GAAP measures used in this press release to the corresponding GAAP results.
“Business conditions continue to be challenging in the semiconductor market, especially in the digital home and networking areas that comprise the majority of our revenue. MIPS continues to make inroads into the fast-growing mobile market, having introduced the industry’s first Android 4.0 ‘Ice Cream Sandwich’ tablet, and adding a new mobile licensee this quarter. We have new processor cores coming to market this year for which we already have advance orders. In addition, we are actively assessing alternatives to unlock the value in our portfolio of 580+ patent properties worldwide,” said Sandeep Vij, chief executive officer, MIPS Technologies.
MIPS Technologies invites you to listen to management’s discussion of Q2 2012 results, as well as guidance for the third quarter of fiscal 2012 in a live conference call beginning today at 1:45 p.m. Pacific:

• Live webcast: visit www.mips.com/company/investor-relations/ for a link to the listen-only webcast
• Live conference call: dial 312-470-0125; password: MIPS
• Replay call (available for 30 days shortly following the end of the conference call): dial 203-369-3229; password: MIPS

An audio replay of the conference call will also be posted on the company’s website at www.mips.com/company/investor-relations/.
About MIPS Technologies, Inc.
MIPS Technologies, Inc. (Nasdaq:MIPS – News) is a leading provider of industry-standard processor architectures and cores for digital home, networking and mobile applications. The MIPS architecture powers some of the world’s most popular products, including broadband devices from Linksys, DTVs and digital consumer devices from Sony, DVD recordable devices from Pioneer, digital set-top boxes from Motorola, network routers from Cisco, 32-bit microcontrollers from Microchip Technology and laser printers from Hewlett-Packard. Founded in 1998, MIPS Technologies is headquartered in Sunnyvale, California, with offices worldwide. For more information, contact (408) 530-5000 or visit www.mips.com.
The MIPS Technologies, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=11351
Forward Looking Statements
This press release contains forward-looking statements; such statements are indicated by forward-looking language such as “plans”, “anticipates”, “expects”, “will”, and other words or phrases contemplating future activities including statements about future technology and growth. These forward-looking statements include MIPS Technologies’ expectation regarding improvements in financial results. Actual events or results may differ materially from those anticipated in these forward-looking statements as a result of a number of different risks and uncertainties, including but not limited to: the fact that there can be no assurance that our products will achieve market acceptance, changes in our research and development expenses, the anticipated benefits of our partnering relationships may be more difficult to achieve than expected, the timing of or delays in customer orders, delays in the design process, the length of MIPS Technologies’ sales cycle, MIPS’ ability to develop, introduce and market new products and product enhancements, the level of demand for semiconductors and end-user products that incorporate semiconductors and our ability to compete effectively with larger companies and other companies that are active in our markets. For a further discussion of risk factors affecting our business, we refer you to the risk factors section in the documents we file from time to time with the Securities and Exchange Commission.
MIPS is a trademark or registered trademark of MIPS Technologies, Inc. in the United States and other countries.

MIPS TECHNOLOGIES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands)
	December 31, 2011	June 30, 2011
	(unaudited)
Assets
Current assets:
Cash and cash equivalents	$76,829	$69,202
Short-term investments	33,907	40,194
Accounts receivable, net	1,036	2,619
Prepaid expenses and other current assets	1,784	1,615
Total current assets	113,556	113,630
Equipment, furniture and property, net	2,843	2,014
Goodwill	565	565
Other assets	12,757	5,418
Total assets	$129,721	$121,627
Liabilities and Stockholders’ Equity
Current liabilities:
Accounts payable	$1,192	$1,684
Accrued liabilities	8,086	8,127
Deferred revenue	1,465	1,812
Total current liabilities	10,743	11,623
Long-term liabilities	10,474	5,231
Stockholders’ equity	108,504	104,773
Total liabilities and stockholders’ equity	$129,721	$121,627

MIPS TECHNOLOGIES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATION
(In thousands, except per share data)
(unaudited)
	Three Months Ended December 31,		Six Months Ended December 31,
	2011	2010	2011	2010
Revenue:
Royalties	$13,224	$14,817	$26,203	$28,431
License and contract revenue	2,077	7,039	6,315	15,964
Total revenue	15,301	21,856	32,518	44,395
Costs and expenses:
Cost of sales	344	311	605	897
Research and development	8,278	7,090	16,184	12,951
Sales and marketing	3,892	4,925	8,723	8,838
General and administrative	3,339	3,739	6,603	6,891
Total costs and expenses	15,853	16,065	32,115	29,577
Operating income (loss)	(552)	5,791	403	14,818
Other income, net	14	821	67	757
Income (loss) before income taxes	(538)	6,612	470	15,575
Provision for income taxes	434	776	919	2,123
Income (loss) from continuing operations	(972)	5,836	(449)	13,452
Income from discontinued operations, net of tax	–	212	–	212
Net income (loss)	$(972)	$6,048	$(449)	$13,664
Net income (loss) per share, basic — from continuing operations	$(0.02)	$0.12	$(0.01)	$0.28
Net income (loss) per share, basic — from discontinued operations	$–	$0.00	$–	$0.00
Net income (loss) per share, basic	$(0.02)	$0.12	$(0.01)	$0.28
Net income (loss) per share, diluted — from continuing operations	$(0.02)	$0.11	$(0.01)	$0.26
Net income (loss) per share, diluted — from discontinued operations	$–	$0.00	$–	$0.00
Net income (loss) per share, diluted	$(0.02)	$0.11	$(0.01)	$0.26
Common shares outstanding, basic	52,886	50,394	52,773	48,629
Common shares outstanding, diluted	52,886	53,703	52,773	51,921

MIPS TECHNOLOGIES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (unaudited)
(In thousands)
	Six Months Ended December 31,
	2011	2010
Operating activities:
Net income (loss) – continuing operations	$(449)	$13,452
Depreciation	471	508
Stock-based compensation	2,953	2,143
Amortization of intangible assets	252	55
Gain on exchange and sale of investment	–	(547)
Amortization of investment premium, net	265	268
Other non-cash charges	139	25
Changes in operating assets and liabilities:
Accounts receivable	1,500	3,202
Prepaid expenses	(230)	(691)
Other assets	791	2,287
Accounts payable	(613)	42
Accrued liabilities	(3,620)	(2,937)
Deferred revenue	(488)	(70)
Long-term liabilities	53	(1,158)
Net cash provided by operating activities — continuing operations	1,024	16,579
Net cash provided by operating activities — discontinued operations	–	212
Net cash provided by operating activities	1,024	16,791
Investing activities:
Purchases of marketable securities	(22,588)	(34,344)
Proceeds from sales of marketable securities	2,613	5,075
Proceeds from maturities of marketable securities	26,000	10,650
Capital expenditures	(659)	(572)
Net cash provided by (used in) investing activities	5,366	(19,191)
Financing activities:
Net proceeds from issuance of common stock	1,269	32,242
Net cash provided by financing activities	1,269	32,242
Effect of exchange rates on cash	(32)	77
Net increase in cash and cash equivalents	7,627	29,919
Cash and cash equivalents, beginning of period	69,202	31,625
Cash and cash equivalents, end of period	$76,829	$61,544

MIPS TECHNOLOGIES, INC.
RECONCILIATION OF GAAP TO NON-GAAP NET INCOME (LOSS) and NET INCOME (LOSS) PER SHARE
(In thousands, except per share data)
(unaudited)
		Three Months Ended December 31, 2011	Three Months Ended September 30, 2011	Three Months Ended December 31, 2010
	GAAP net income (loss)	$(972)	$523	$6,048
	Net income (loss) per basic share	$(0.02)	$0.01	$0.12
	Net income (loss) per diluted share	$(0.02)	$0.01	$0.11
(a)	Stock-based compensation expense	1,412	1,541	1,249
(b)	Severance adjustment	49	312	–
(c)	Expenses related to stockholder activities	158	265	–
(d)	Tax on change in legal structure	–	–	937
(e)	Gain from discontinued operations, net of tax	–	–	(212)
(f)	Gain on investment	–	–	(547)
	Non-GAAP net income	$647	$2,641	$7,475
	Non-GAAP net income per basic share	$0.01	$0.05	$0.15
	Non-GAAP net income per diluted share	$0.01	$0.05	$0.14
	Common shares outstanding — basic	52,886	52,660	50,394
	Common shares outstanding — diluted	53,658	53,690	53,703

These adjustments reconcile the Company’s GAAP results of operations to the reported non-GAAP results of operations. The Company believes that presentation of net income (loss) and net income (loss) per share excluding stock-based compensation expense, severance, expenses related to stockholder activities, tax on change in legal structure, gain from discontinued operations, net of tax, and gain on investment provides meaningful supplemental information to investors, as well as management, that is indicative of the Company’s ongoing operating results and facilitates comparison of operating results across reporting periods. The Company uses these non-GAAP measures when evaluating its financial results as well as for internal planning and budgeting purposes. These non-GAAP measures should not be viewed as a substitute for the Company’s GAAP results, and may be different than non-GAAP measures used by other companies.
(a) This adjustment reflects the stock-based compensation expense. For the second quarter of fiscal 2012 ending December 31, 2011, $1.4 million stock-based compensation expense was allocated as follows: $532,000 to research and development, $239,000 to sales and marketing and $641,000 to general and administrative. For the first quarter of fiscal 2012 ending September 30, 2011, $1.5 million stock-based compensation expense was allocated as follows: $463,000 to research and development, $496,000 to sales and marketing and $582,000 to general and administrative. For the second fiscal quarter of fiscal 2011 ending December 31, 2010, $1.2 million stock-based compensation expense was allocated as follows: $364,000 to research and development, $304,000 to sales and marketing and $581,000 to general and administrative.
(b) This adjustment reflects the severance to the Company’s former executives. For the second quarter of fiscal 2012 ending December 31, 2011, $49,000 was allocated to general and administrative. For the first quarter of fiscal 2012 ending September 30, 2011, $312,000 was allocated to sales and marketing.
(c) This adjustment reflects the expenses in response to our activities and inquiries of Starboard Value LP allocated to general and administrative.
(d) This adjustment reflects the withholding tax in connection with the change in legal structure of foreign operations.
(e) The adjustment reflects the gain, net of tax, of the Analog Business Group.
(f) The adjustment reflects a gain on an investment in a privately held company that was acquired. This gain was recorded in other income.

MIPS TECHNOLOGIES, INC.
RECONCILIATION OF GAAP TO NON-GAAP NET INCOME (LOSS) and NET INCOME (LOSS) PER SHARE
(In thousands, except per share data)
(unaudited)
		Six Months Ended December 31, 2011	Six Months Ended December 31, 2010
	GAAP net income (loss)	$(449)	$13,664
	Net income (loss) per basic share	$(0.01)	$0.28
	Net income (loss) per diluted share	$(0.01)	$0.26
(g)	Stock-based compensation expense	2,953	2,143
(h)	Severance adjustment	361	–
(i)	Expenses related to stockholder activities	423	–
(j)	Tax on change in legal structure	–	937
(k)	Gain from discontinued operations, net of tax	–	(212)
(l)	Gain on investment	–	(547)
	Non-GAAP net income	$3,288	$15,985
	Non-GAAP net income per basic share	$0.06	$0.33
	Non-GAAP net income per diluted share	$0.06	$0.31
	Common shares outstanding — basic	52,773	48,629
	Common shares outstanding — diluted	53,702	51,921

These adjustments reconcile the Company’s GAAP results of operations to the reported non-GAAP results of operations. The Company believes that presentation of net income (loss) and net income (loss) per share excluding stock-based compensation expense, severance, expenses related to stockholder activities, tax on change in legal structure, gain from discontinued operations, net of tax, and gain on investment provides meaningful supplemental information to investors, as well as management, that is indicative of the Company’s ongoing operating results and facilitates comparison of operating results across reporting periods. The Company uses these non-GAAP measures when evaluating its financial results as well as for internal planning and budgeting purposes. These non-GAAP measures should not be viewed as a substitute for the Company’s GAAP results, and may be different than non-GAAP measures used by other companies.
(g) This adjustment reflects the stock-based compensation expense. For the six months ending December 31, 2011, $3.0 million stock-based compensation expense was allocated as follows: $995,000 to research and development, $735,000 to sales and marketing and $1.2 million to general and administrative. For the six months ending December 31, 2010, $2.1 million stock-based compensation expense was allocated as follows: $655,000 to research and development, $535,000 to sales and marketing and $953,000 to general and administrative.
(h) This adjustment reflects the severance to the Company’s former executives. For the six months ending December 31, 2011, $361,000 was allocated as follows: $312,000 to sales and marketing and $49,000 to general and administrative.
(i) This adjustment reflects the expenses in response to our activities and inquiries of Starboard Value LP allocated to general and administrative.
(j) This adjustment reflects the withholding tax in connection with the change in legal structure of foreign operations.
(k) The adjustment reflects the gain, net of tax, of the Analog Business Group.
(l) The adjustment reflects a gain on an investment in a privately held company that was acquired. This gain was recorded in other income.
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