This story has been updated from 11:42 am ET.
NEW YORK ( TheStreet) - The ongoing boardroom battle at J.C. Penney (JCP - Get Report) featuring its biggest stakeholder, the activist investor Bill Ackman, has become a nagging distraction from the retailer's pressing mission to revive the struggling department store chain, according to Wall Street analysts who cover the stock.
Events took another turn for the chaotic on Friday when Pershing Square Capital Management's Ackman, who owns just under 18% of the company and doubles as a J.C. Penney director, sent a second letter to the board, which, among other things, calls for the removal of Chairman Thomas Engibous.
"After having read the board's public response to my letter and considering the events of the last few weeks, I am concerned that a small subset of the board is negotiating and speaking on behalf of the full board, that the rest of the board has not been properly informed and has not been given an opportunity to express its views, nor is even included in deliberations about what to do," wrote Ackman in a five-page invective."I have lost confidence in our Chairman's ability to oversee this board. I would therefore recommend that Tom be replaced as Chairman," he said. J.C. Penney board quickly moved to counter Ackman's accusations. "The board is focused on the important work of stabilizing and rejuvenating the business," Engibous said in a statement issued Friday afternoon. "It is following proper governance procedures, and members of the board have been fully informed and are making decisions as a group. This includes the CEO search process, which is being conducted at an appropriate pace. The board also continues to actively oversee management as it conducts the important work underway to rebuild the company. "Mr. Ackman`s statements are misleading, inaccurate and counterproductive," the statement read. Separately, CNBC reported earlier Friday that Perry Capital, which owns a 7.3% stake in J.C. Penney, will disclose in a Securities and Exchange Commission filing later today that it has asked the company to replace Ullman with former J.C. Penney veteran Allen Questrom and Foot Locker's (FL) CEO Ken Hicks. Perry Capital apparently recently bought a stake in the company. As of its most recent 13-F filing from the March 31 quarter, it had no positions in J.C. Penney. All the while J.C. Penney shares were plunging 7.1% to $12.69, more than giving back yesterday's gains. Analysts voiced concern that the drama will hinder the company from any turnaround. "JCP is at a crucial stage in trying to affect a turnaround. Any interference with this is counterproductive and can only further add to the line-up of challenges," Credit Suisse analyst Michael Exstein writes in a research note on Thursday. Exstein rates the company at underperform. Hedge fund investor Bill Ackman's statements "as well as public attention to internal political conflict, will in our opinion, only contribute further to the pressure on the company as it is registering a negative EBITDA every day the doors are open," the Credit Suisse note says. "We continue to remain cautious on these shares. The very public debate around Mr. Ullman's tenure will only make it more difficult to attract senior level executives to J.C. Penney." Today's events followed Thursday's spike in the shares after Ackman sent his first letter to the board expressing his frustration at not finding a permanent CEO to replace Myron "Mike" Ullman sooner. The shares rallied as investors interpreted the letter to mean that leadership change was imminent. Also see: The Investing Lesson of J.C. Penney Also see: Why J.C. Penney Is Worth $191 a Share In his letter Thursday, Ackman said that even as the board had made the decision to search for a permanent CEO at the time of Ullman's rehire in April when he replaced Ron Johnson, the company had just begun to address the search for a CEO last month. "As J.C. Penney's largest shareholder, I strongly urge that we immediately put together a short list of candidates, determine their interest level, and schedule a fast-track interview process with the board," the letter said. "We can't afford to wait." Ackman is demanding that a new CEO be in place within the next 30 to 45 days, a timeframe that was suggested by Questrom, who agreed to return as Chairman under the "right conditions," according to the letter.
Check Out Our Best Services for Investors
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Model portfolio
- Stocks trading below $10
- Intraday trade alerts