Shoot First, Ask Questions Later: Upstream Edition

“Bloomberg – The biggest U.S. shale region will have to shut wells within four months because there aren’t enough pipelines to get the oil to customers…”

This is a story that has been making the rounds over the last few days, but for the energy-initiated, there is no surprise here. I actually touched on this topic back toward the end of March in a post titled “Here’s the Thing About Energy Markets…”, in which I spoke on the negative impact that the MLP model would eventually have on Permian asset prices. The idea was that MLPs were forced to shed debt and assets after the oil rout, using most of their FCF to do so, which prevented any meaningful infrastructure development going forward. This all happened in concert with private equity capital piling into prime, Permian acreage at fire sale prices. I posited that while acreage value and production were reaching all time highs, there would inevitably be logistical constraints around moving product to refineries, which would force producers to begin discounting their product to ensure it was sold downstream.

So where do we stand, just three months later? Here’s Bloomberg:

“We will reach capacity in the next 3 to 4 months,” Scott Sheffield, the chairman of Pioneer Natural Resources Co. said in an interview at an OPEC conference in Vienna. “Some companies will have to shut in production, some companies will move rigs away, and some companies will be able to continue growing because they have firm transportation.”

While nothing Sheffield said is overly concerning regarding how producers will manage capacity constraints, it is a notable admission from the CEO of a company who announced a plan to divest all non-Permian assets and invest heavily in West Texas, that not all is well in America’s super basin. They say necessity is the mother of all invention, and wouldn’t you know it upstream production is no different:

“The problem has grown so bad that oil companies have been forced to load crude on to trucks and drive it hundreds of miles to pipelines in other parts of the state.”

Truthfully, shipping crude via rail and truck isn’t that unorthodox. In fact, this was a primary method of transport when the Bakken exploded in popularity, as North Dakota was never really known for its logistical prowess. What is unorthodox is that the most prolific play in American history has resorted to such an elementary solution because nobody was a prudent enough thinker to understand the correlation between production increases and infrastructure.

The issue now becomes what the impacts of capacity constraints are on price and how that will impact the broader oil markets. Scott Sheffield thinks that “…West Texas Intermediate crude at Midland in the Permian is likely to trade at a $25-a-barrel discount to price at the industry’s hub in Cushing, Oklahoma.” – great news for arb guys. While I haven’t done the work on a specific discount price, Mr. Sheffield is likely correct directionally. However, that’s a relatively micro-economic answer from my perspective, as I think there is potential for more disruption than tighter cash flows.

Depending on how long the constraints persist, less and less Permian product making its way downstream will be bullish for the overall oil and distillate markets (crack spread traders, rejoice), but bearish for Permian acreage. While I wouldn’t be concerned by the market’s ability to weather logistical problems and the pricing issues that come with them, I would be concerned about how any cash flow disruptions would impact heavily indebted private equity acreage assets. Should lower Permian prices be around for the long haul, the problem for PE firms (and their investment committees) becomes twofold: the first being that their cash flow profile is deteriorating, impacting their ability to service debt. The second is that the lower prices and inability to sell product into the market is killing their acreage value. The first indication that funds are looking for the exits could result in a mea culpa moment for everyone that plowed into Permian acreage in 2016, forcing a fire sale across the basin as nobody wants to be left holding the bag.

I don’t think this is a terribly likely scenario, but coming from a guy that worked in energy private equity from 2014-2017, I wouldn’t write it off, either. We’ll see what happens going forward, at the very least it’ll be interesting.

 

Fortress Doesn’t Believe in (Possibly Care About) Conflict Checks

“NY Post – SoftBank’s Fortress Investment Group is raising a $400 million fund to sue tech companies over intellectual property infringement…”

Before we get started, I know that Mike Novogratz left his life’s work years ago, but who else am I going to put up there to represent Fortress?

Now, I have to admit I was ready to poke some fun at SoftBank for this one. How can a conglomerate, with telecom, semiconductor and robotics interests allow one of its portfolio companies to be an outright patent troll? How can SoftBank, who has $195B in committed capital for it’s tech-focused investment vehicles, allow Fortress (“FIG”) to shakedown the very companies in which they seek to invest? Well after a while, it hit me: whether purposeful or not, this is probably a great way to hedge a tech-centric private equity portfolio. Outside of proper due diligence, managing FX / rates exposure or structuring capital calls to meet specific milestones, there aren’t many ways to manage the downside risk of making poor investments in the first place – especially when deploying capital into intellectual property-heavy tech industry.

Odds are, you’re investing in a tech company because it claims to have a new technology that can streamline business processes, enhance end-user experiences or is simply a brand new class of product. With new technology comes the prospect of a high adoption rate and, of course, multiples of invested capital. It’s not all glitz and glamour though, and there are real risks to investing in the tech space, more so perhaps than any other industry. The costliest mistake you can make in tech investing is, by a wide margin, not conducting the proper diligence around a target’s intellectual property / patent portfolio. Does the company really own this IP? Are they infringing on someone else’s IP? Who’s line of code is this, truly? Are there any outstanding lawsuits? What about imminent filings? Tons of these lawsuits are filed every day around the world by what are known as “patent trolls” – individuals or funds that buy random portfolios of IP and lawyer up to shakedown other tech companies for infringement. Rarely do the lawsuits reach a decision as they’re usually settled outside of court, which is exactly what the patent troll wanted. It’s a pretty scummy industry, but it’s also pretty lucrative – which is why FIG wants a piece of it. If a respected NYC asset manager raises $400M with the intention of suing nerdy Silicon Valley idealists into oblivion, the nerds will pay up to settle. Cash burn is fine when it serves whatever “mission” the unicorn de jour says it has, not when it’s being wasted on lawyers.

That brings us to the impact of this new FIG vehicle on its parent, SoftBank. Taken at face value, it seems like FIG is raising two birds toward everything SoftBank has built it’s reputation on – investing in and building out new technologies. If you take a forest vs. tree view, though, a successful patent troll investment platform can hedge against IP-related losses SoftBank portfolio companies may incur. Obviously a $400M investment is an irrelevant hedge for a $195B portfolio, but it’s a start. It’s not unthinkable that were this initial foray to be successful, that FIG would double or triple down to target more or larger targets. I also wouldn’t discount the idea of SoftBank seeding a larger IP strategy within FIG were they to succeed with this initial vehicle – that would be something special. This will be an interesting story to follow in the next few years and, no matter what happens, it’ll be a great exercise in thinking outside of the risk management box for SoftBank.