12/4/2025

Josh Harris’s Firm Strikes Deal for Middleby Unit That Makes Viking Stoves

Wall Street Journal (12/04/25) Gottfried, Miriam; Thomas, Lauren

Billionaire investor Josh Harris’s firm, 26North Partners, struck a deal to take a controlling stake in Middleby’s (MIDD) kitchen-products division, report executives of the companies. 26North is set to own 51% of the unit that houses a number of luxury cookware-equipment brands, including Viking, Lynx, La Cornue, Rangemaster, and Aga. Middleby is set to own the remainder. The deal, unveiled Thursday, values the unit at $885 million, said Middleby Chief Executive Tim FitzGerald. Middleby, which has a market value of around $6 billion, designs, and manufactures cooking equipment used in commercial, residential, and industrial settings. Harris, a co-founder of Apollo Global Management, launched 26North in 2022. 26North has roughly $32 billion in assets under management and focuses on private-equity, credit and insurance. Harris is also a co-owner of professional sports teams including the Philadelphia 76ers and the Washington Commanders. Middleby shares were down more than 11% year to date through Wednesday, in part because lower foot traffic and higher food costs have hurt the restaurant industry. They were trading up over 4% Thursday after the deal was announced. The company faced additional pressure from activist investor Ed Garden, who earlier this year landed a seat on Middleby's board. Garden, a co-founder of activist hedge fund Trian Fund Management, who has since launched his own firm, had argued Middleby was lagging behind peers. In February, Middleby said it would spin out its food-processing business to focus on commercial food services. Its commercial food-service platform delivered about $2.4 billion in revenue last year. FitzGerald said he sees a recovery happening across the restaurant industry and in residential, which had stalled as the housing market slowed. 26North, meanwhile, has been looking to put more money to work through private-equity deals. The Middleby transaction will mark its sixth such deal in roughly a year, Mark Weinberg, who leads 26North's private-equity arm, said in an interview. The firm struck its debut private-equity deal in September 2024 when it agreed to buy ArchKey Solutions, a provider of electrical, technological and specialty systems. A month later, it announced a deal for the gym chain Onelife Fitness.

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12/4/2025

Advisory Firms Favor Dissident in Cannae Holdings Proxy Fight

Jacksonville Daily Record (12/04/25) Basch, Mark

As a monthslong proxy fight over Cannae Holdings Inc.’s (CNNE) board of directors heads for a resolution Dec. 12, two advisory firms are recommending shareholders support an activist investment firm. Four seats on a 12-member board are up for reelection at the stockholder meeting of Cannae, the investment firm spun off from Fidelity National Financial Inc. (FNF). Investment firm Carronade Capital Management LP began publicly pushing for changes at Cannae in March and nominated its own slate of four nominees to replace four existing directors at Cannae. With the annual meeting approaching, proxy advisory firms Institutional Shareholder Services and Glass Lewis both issued reports recommending stockholders vote for the Carronade slate. Both firms said the current board’s close ties to Cannae Vice Chairman and Fidelity Chairman Bill Foley are an issue and said the company could benefit by electing directors with more independence. Foley “is not on the ballot. However, this proxy contest has shined a light on his role at the company,” ISS said in its report. ISS said Cannae’s performance has been hurt by investments in businesses tied to Foley. “There is little evidence to suggest that a board without a significant amount of new, independent voices can restore effective oversight and prevent similar missteps in the future,” it said. Two of the current directors up for reelection, Erika Meinhardt and Frank Willey, are former executives of Fidelity. Another director is Jim Stallings, managing partner at Jacksonville-based PS27 Ventures. “Carronade’s nominees bring a narrow specialization in bankruptcy, distressed debt and restructuring, while offering little to no experience in public company leadership or governance,” Cannae said in a Dec. 1 news release urging shareholders to support its current directors. “Cannae’s four nominees possess the sector-specific operational expertise required to guide our growth strategy and provide effective, independent oversight — expertise that cannot be replaced by generalist restructuring skills,” it said. However, Glass Lewis said in its report that Carronade’s nominees have the necessary qualifications. “Though elements of Cannae’s defense are not entirely out of line, it seems evident the market is unwilling to reward a stated strategy which relies on, among other things, the existing board effectively overseeing capital allocation with the interests of independent shareholders front of mind and without further leakage to the sprawling investment complex overseen by Bill Foley,” it said. “Perhaps more important under the circumstances, Carronade’s nominees appear suitably independent and are under no obligation to pursue a predetermined agenda, Carronade’s or otherwise,” Glass Lewis said. “We believe support for this option — which, again, contemplates reconstitution of only one-third of Cannae’s sitting board, and is thus not a campaign for majority turnover would represent a more immediate and direct mandate for increased accountability, enhanced transparency, bolstered strategic coherency and strengthened corporate governance,” it said. One of Cannae’s investments in companies tied to Foley was a stake in payments processing company Paysafe Ltd. (PSFE). However, Paysafe disclosed in an SEC filing that Cannae divested its remaining stake in the company Nov. 24, and Fidelity sold off part of its stake. Paysafe went public in 2021 by merging with a special purpose acquisition company formed by Foley. The London-based company then moved its North American headquarters to Jacksonville in 2023. Paysafe said in the SEC filing it was repurchasing about 4 million shares in total from Cannae and Fidelity for about $6.70 per share. Cannae said in a separate filing that it sold about 2.46 million shares and no longer held any Paysafe stock. Paysafe’s annual report said Fidelity had 3.75 million shares, or 6% of the stock, but Fidelity said in a Dec. 1 SEC filing after the sale that its stake was reduced to 3.9%. No reason for the sales was disclosed in the SEC filings but when Cannae released its third-quarter earnings report in November, the company said it was reducing its investments in publicly traded companies and focusing on privately owned businesses. Cannae’s investment portfolio has fallen from 70% in public companies to about 20%, the company said.

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12/4/2025

Barrick Chair Thornton Considered Splitting Company in Three Parts as Early as 2018, but Doubled Down on Risky Assets Instead

Toronto Globe & Mail (12/04/25) McGee, Niall; Kiladze, Tim

Barrick Mining Corp. (B) chairman John Thornton considered carving up the Canadian gold miner into three parts and selling off its African mines in 2018, according to court filings, but doubled down on the risky jurisdiction instead. At the time, Thornton was executive chair of Barrick and had operational control. With its shares in the doldrums, he was under a lot of pressure to turn the company around. One way out of the morass, as he saw it, was to break it up. The split strategy, which came to light in a recent lawsuit against Barrick and Randgold Resources Ltd., an African mining company that Barrick acquired in 2019, suddenly holds new weight. Seven years on, Barrick is being pressed by an activist investor to split itself up, and this week the company set in motion a process that could see that happen. The revelation that Thornton considered breaking Barrick up in 2018 but then bulked up by buying Randgold’s extensive African operations — a strategy that ultimately failed — raises questions about his judgment. Thornton, who was recruited by Barrick founder Peter Munk, has been with the company since 2012. Investors assign a premium valuation to Barrick’s North American mines, but multiple geopolitical spats at its African sites over the years have led to those assets being valued at a significantly lower level. In January, Barrick was forced to shut down its Malian operations after clashing with the country’s military leaders over a new mining code. The company recently reached an agreement with Mali to end the dispute, but it’s unknown when mining will resume. The lawsuit detailing Thornton’s original breakup idea centers around Ian Hannam, a London-based investment banker who sued the company, alleging he was owed US$18 million in fees for his work on the Randgold deal, even though he was never formally hired as an adviser. The case ultimately went to trial, and Thornton and former Randgold CEO Mark Bristow, who went on to become Barrick’s CEO, both took the stand. Back in 2015, Barrick was struggling to pay off billions in debt from an expensive copper acquisition and a botched mining project high in the Andes. Around this time, Bristow started talking to Thornton to see if a deal between the two companies was possible. While Bristow originally wanted Barrick to buy Randgold for a premium, Thornton was willing to pay only the market price. Randgold’s shares were trading at a much higher valuation than Barrick’s at the time, so it made little sense to accept a deal with no premium. As an alternative strategy, Thornton, a former Goldman Sachs investment banker, pitched a three-way split that would see Barrick keep its core North American mines, spin off its copper operations and sell its African assets to Randgold, according to the court documents. Bristow was keen on buying the African business, given his company’s exclusive focus on operating African mines, and he had a reputation for running them well. After Hannam, the banker, sent him details of the proposed three-way split, Bristow replied: “I would take the global non-USA!!!! That’s where [Randgold] would sit comfortably.” However, the possibility of a split quickly died because Randgold went through a period of underperformance relative to Barrick and Thornton quickly realized he had leverage to push for a no-premium acquisition of Randgold. He was also partial to the Randgold acquisition because it would bring Bristow in as CEO, potentially helping to solve Barrick’s operational problems in Africa. In September, 2018, Barrick announced it was acquiring Randgold at no premium for approximately US$6 billion, with Bristow indeed becoming Barrick’s CEO. The acquisition brought mines in the Democratic Republic of the Congo and Mali into the Barrick portfolio, on top of its existing Tanzanian exposure. On Monday, Barrick said it was considering spinning off a minority share in its North American operations, opening up the possibility once again of carving up the company. Investors in the spinoff would get exposure to the company’s politically safe operations in Nevada and the Dominican Republic but won’t have any exposure to risky Africa. A minority spinoff falls short of the full split many investors have called for. And while the new proposal has shades of what Thornton originally pushed for back in 2018, Barrick shareholders will still have heavy exposure to African operations as part of the new plan. As for the lawsuit, a judge handed Hannam a partial victory in March, deciding that he did indeed help broker the Randgold deal in some fashion, even though there was no formal record of him being hired as an adviser or agreement that he should be compensated. In the end, the judge, a former corporate lawyer, wrote that “any sensible investment banker will after a while decide that a particular mandate is no longer worth pursuing, on the principle of not throwing good money after bad. However, until that point is reached, as [Alexander] Pope wrote in his “Essay on Man,” hope springs eternal in the human breast.” The judge awarded Hannam US$2 million, plus his expenses.

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12/4/2025

Barington Capital Engages Bill Holdings, Pushes for Sale

Bloomberg (12/04/25) Tse, Crystal

Activist investor Barington Capital Group has taken a stake in business payments firm Bill Holdings Inc. (BILL), joining Elliott Investment Management and Starboard Value LP, and is urging the company’s board to explore a sale. The hedge fund has built a roughly $25 million position and is engaging with the company, according to people familiar with the matter, who asked not to be identified because it’s private. “Based on our research, it is our belief that the company would be an extremely attractive acquisition candidate for both strategic and financial buyers,” Barington Chief Executive Officer James Mitarotonda said in a letter to the board of Bill that was reviewed by Bloomberg News. Mitarotonda said the board should “engage a financial adviser and form a special committee of independent directors to explore strategic alternatives for the company, including a potential sale, merger or other business combination.” Bill Holdings rose as much as 6.3% in premarket trading in New York on Thursday. The company’s market capitalization was at about $5.2 billion as of Wednesday. The San Jose, California-based company has already been exploring a potential sale and working with an adviser. Since then, shares of Bill have climbed 11%, giving the company a market value of about $5.2 billion. Starboard, an activist fund run by Jeff Smith, entered a cooperation agreement with Bill in October after disclosing a stake earlier this year. Bill appointed four new independent directors, including one Starboard pick, and said it would hold an investor day in the first half of 2026. Elliott also built a position in Bill.

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12/4/2025

Activist Investor Litt Urges Changes at First Industrial Realty to Boost Stock, Sources Say

Reuters (12/04/25) Herbst-Bayliss, Svea

Activist investor Jonathan Litt wants warehouse operator First Industrial Realty Trust (FR) to sell assets, return capital to shareholders and refresh its board, steps that could boost the stock price by 30%, according to sources familiar with the matter and a document seen by Reuters. Even a review of strategic alternatives, including a possible sale, should be considered if other changes are not enough to eliminate the gap between First Industrial's share price and its net asset value, said the two people who are familiar with Litt's thinking but prohibited from discussing it publicly. Litt, whose Land & Buildings Investment Management owns a 1% stake in First Industrial, thinks highly of the company whose warehouses are used by Fortune 500 companies including Amazon and are located near some of the country's biggest urban areas, from southern California to eastern Pennsylvania. Over the last decade the company has newly developed nearly 40% of its portfolio and disposed of more than 40% of its legacy portfolio. Still, Litt is concerned that investors have not fully appreciated First Industrial's portfolio at a time when the company has some 2.3 million square feet that remain to be leased, the sources said. More generally, industrial warehouses are seen to be attractive as new construction starts dropped dramatically over the last two years and e-commerce retailers require much more warehouse space than bricks-and-mortar retailers, industry analysts have said. Land & Buildings plans to work closely with First Industrial's board and management team to come up with ways to boost the Chicago-headquartered company's share price, the sources said. First Industrial has a market valuation of roughly $7.4 billion and its stock closed trading at $55.93 on Wednesday. The commercial real estate market has traditionally been attractive to institutional investors like pension funds who have used it as an asset stream that isn't tied to the stock market, something potentially appealing if investors begin to worry more about a possible artificial intelligence bubble.

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12/4/2025

Upper Crust Owner Reviews Struggling European Rail Operations

Financial Times (12/04/25) Stacey, Stephanie

Upper Crust owner SSP Group (SSPG) has launched a review of its struggling European rail business, sending shares sharply higher on Thursday. The FTSE 250 company, which operates outlets in railway stations and airports under brands including Caffè Ritazza, said it had begun a “wide-ranging review” with consultancy Alvarez & Marsal that would consider “all potential options” to address its underperformance. SSP, which also operates M&S Simply Food and Burger King franchises, has struggled to recover as rail travel remains lower than pre-pandemic levels. “We acknowledge there is more to do to strengthen our operational performance, most notably in continental Europe where we have now reset our team, model and balance sheet, and have a range of initiatives under way to do so,” said chief executive Patrick Coveney. The group has come under pressure from activist investors, including New York-based hedge fund Irenic Capital Management, to boost its profit margins. Shares jumped more than 15% to £1.71 in morning trading in London but are down by 44% over the past five years. The group said it would update shareholders on the outcome of its review by May 2026. Current trading indicated “an acceleration in performance” that, along with cost-cutting measures, offered “confidence in the outlook despite continued challenges in continental Europe,” said Anna Barnfather, analyst at Panmure Liberum. SSP said on Thursday that revenues rose 7.8% to £3.6 billion in the year to September, while operating profit increased 12.7% to £223 million. The continental Europe division posted a £47.9 million operating loss due to factors including £90.3 million of impairment charges. Revenue rose 0.5% on a constant currency basis, while underlying operating profit rose 8.4% to £42.4 million. The operating margin in Europe was 2.2%, falling short of a 3% target set last December. SSP blamed weak performance in France and Germany “driven in part by the scale of the interventions we deemed necessary to deliver a sustainable improvement” and had a “revised plan” to achieve its target next year. Irenic has been trying to drum up interest in a take-private deal for SSP, which it says could be valued at a 50% premium to its market value. The hedge fund earlier this year shared materials about the merits of a buyout with investment bankers and private capital groups.

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12/3/2025

Smiths Group to Sell Baggage-screening Unit to CVC for $2.65 Billion

Reuters (12/03/25)

Britain's Smiths Group (SMGZY) said on Wednesday it had agreed to sell its Smiths Detection unit, known for its baggage-screening kit in airports and explosive detectors, for 2 billion pounds ($2.65 billion), including debt, to private equity firm CVC Capital. Shares of the FTSE-100 engineering group rose more than 3% in early trade. Panmure Liberum analyst Alexandro da Silva O’Hanlon said the price tag was at the top end of the 1.3 billion to 2 billion pound range expected by the market. Originally known for precision watches and speedometers, Smiths Group is streamlining its business to focus on industrial technologies through its John Crane and Flex-Tek businesses after pressure from U.S. activist investor Engine Capital in January to break up the conglomerate. The deal, combined with the sale of Smiths Interconnect in October, completes an overhaul that will leave the 170-year-old company concentrated on flow management and thermal solutions serving energy, industrial and construction markets. Smiths Detection, the company's second-largest division, generated revenues of 963 million pounds and headline operating profit of 122 million pounds in the fiscal year ended July 31. The company expects to receive net cash proceeds of about 1.85 billion pounds after adjustments, and will return a "large portion" to shareholders. Airports globally have been upgrading their screening technologies, with government-mandated rollouts of Computed Tomography Scanners, which provide 3D imaging and allow passengers to carry liquids up to 2 liters and keep electronics in bags, speeding up security checks. Smiths Group expects the deal to close in the second half of 2026, pending regulatory approvals and completion of consultations with the works council at Smiths Detection France.

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12/3/2025

Dye & Durham ex-CEO Matt Proud Sues Company Two Weeks After Offering to Buy It

Toronto Globe & Mail (12/03/25) Silcoff, Sean

Two weeks after offering to buy Dye & Durham Ltd. (DYNDF) for C$384 million, ex-chief executive officer Matthew Proud and his private holding company Plantro Ltd. are suing the Toronto legal software company and its board for C$200 million, alleging it has acted to thwart their interests. The suit, filed Tuesday with Ontario Super Court is a counterclaim against the company after it sued Proud and Plantro in October to get him to honor a July standstill agreement with D&D, claiming he had acted improperly and unlawfully to derail a fair sale process and “serve their own ambitions of acquiring the company at an artificially depressed price.” The legal battle is unfolding as Dye & Durham faces a Dec 18 deadline to file delayed financial statements. If it doesn’t it will be in default under its senior credit agreement. D&D said last week it expects to file the statements that week. It is also subject to a voluntary cease-trade order from the Ontario Securities Commission which prohibits chief executive officer George Tsivin and interim financial officer Sandra Bell from trading in its securities until two business days after the OSC receives its filings. Proud in November submitted his third bid this year to buy D&D, offering $5.72 a share in cash and senior unsecured notes. His previous bids were for $10.25 a share this fall and for $20 in February. The prior bids were rebuffed by the board, as were attempts this year by Plantro, which owns 11% of the stock, to name ex-chief operating officer Martha Vallance, and later Proud, as observers to the board, according to the ex-CEO’s counterclaim. Proud also tried to privatize D&D in 2021, months after it went public at $7.50 a share, but the board rejected the $50.50-a-share management buyout bid. Instead, it gave him a rich pay package that incensed shareholders, led to the eventual exit of two directors, and sparked discontent among investors about D&D’s debt-fueled acquisition binge. Activist Engine Capital LP tapped into that when it launched an ultimately successful campaign last year to overhaul the board. Meanwhile, Proud’s brother Tyler, one of the unhappy shareholders that supported Engine’s campaign, subsequently lost confidence in the new board. Last month, Tyler Proud revealed his own proposed dissident slate for this month’s annual meeting. He is one of five nominees that his private company, OneMove Capital, has proposed for D&D’s seven-member board. News of the brothers’ rival efforts surfaced last month as three directors resigned, including Engine founder and D&D chairman Arnaud Ajdler, former interim CEO Sid Singh and Eric Shahinian, Tyler Proud’s nominee under a shareholder rights agreement. Bay Street veteran Alan Hibben joined the board as chairman, as did Tsivin. The latest developments add to what has been a tumultuous year for D&D. Last month D&D reported disappointing preliminary unaudited results for last year and the first quarter. S&P Global Ratings and Moody’s Ratings also cut their credit ratings on the company this fall. Among Proud’s criticisms in his countersuit are that the Engine board’s process to hire a new CEO dragged on and it rehired, then quickly fired, a former chief financial officer. The stock has also crashed several times in recent weeks, including when CIBC Capital Markets backed out of leading a strategic review that could lead to the company’s sale. That process is supposed to kick off by year-end under the standstill agreement, reached after Matt Proud had launched his own activist campaign to shake up the board.

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