Navistar International Corp. has amended its stockholder rights plan, essentially turning it into a tax asset-protection plan that guards the long-term value of the original equipment manufacturer’s tax assets.
The plan is similar to tax-protection plans adopted by other public companies with significant tax assets. As of Oct. 31, the end of its most recent fiscal year, Navistar had a federal net operating loss, or “carryforward,” of about $1.8 billion, which it can use as a write-off against future profits, essentially negating tax liability.
Navistar “has regularly reviewed the plan to determine its alignment with the best interests of the company,” said James Keyes, its nonexecutive chairman. “We believe . . . it is appropriate to implement this tax asset-protection plan.”
The company’s existing shareholder-rights plan, commonly referred to as a “poison pill,” was scheduled to expire July 1, and that plan is now scheduled to expire Sept. 1, the company said June 24.
The poison pill plan, originally adopted in June 2012, exempted persons or groups from owning 15% or more of Navistar’s stock. Last July, that was limit was raised to 19.99%.
Two main outside investors have significant stakes in the truck and engine maker: Carl Icahn holds an 18% stake, and Mark Rachesky’s MHR Fund Management holds 17%, according to Bloomberg data. Each holds two seats on the company’s 10-member board.