English: Wind Turbines Zephyr and Freedom in Moorhead, Minnesota http://www.eia.doe.gov/cneaf/solar.renewables/page/wind/wind.jpg Energy Information Administration http://www.mpsutility.com/capture.htm (Photo credit: Wikipedia)

( Western Wind is featured in The Apprentice Millionaire Portfolio from Amazon Books )

Brookfield Renewable Energy

(BEP.UN : TSX : $30.14)
Western Wind Energy

(WND : TSX-V : $2.51)

”Brookfield Renewable Energy Partners has increased its all-cash offer for the shares of Western Wind to $2.60/share from $2.50/share and has extended the expiry time of the offer to February 11, 2013 from January 28, 2013. BEP.UN indicates that 22% of independent shareholders have either entered into lock up agreements or have advised that they will tender the shares to the offer.

While this may seem like a no-brainer for Western Wind shareholders as it represents a 119% premium to the share price prior to the   nouncement that it was for sale (July 28, 2012)…we suspect the Western Wind CEO will continue to posture for an even sweeter bid. Just a couple days ago, BEP.UN demonstrated their frustration with Western Wind, saying there were terminating discussions. Upon making its offer in November 2012, the company said its preferred approach was to work with the Board and the advisors towards a Board supported transaction.

However the gloves have now come off. In a recent press release, BEP.UN said, ―Unfortunately, based on Western Wind’s conduct since
commencement of the Offer it appears that Western Wind, and in particular, its CEO, has no intention of selling the Company.
In fact, Brookfield Renewable’s recent discussions with Western Wind appear to have been orchestrated by the Company to enable it to issue its January 22, 2013 news release as well as its Notice of Change to its Supplementary Director’s Circular, and raise shareholder expectations that a revised proposal will be made, despite there being no agreement or understanding between the parties regarding a proposal or its terms.‖ BEP.UN also points to the fact that Western Wind said 56 parties were interested in acquiring the company, yet no alternative proposals have emerged.

Interestingly, management of Western Wind has also managed to convince its board of directors to approve early payments of their change of control payments (despite the fact that no sale was on the horizon). Ciachurski received approximately $3 million. Better yet, Ciachurski continues to have a special bonus arrangement in which he would receive another $3 million if he gets $3.00 a share for the company…aka…the battle is
likely not over .