Estate Planning Failures of the Rich and Famous II

Insurance Marketing

 

Briefing.com: Hourly In Play (R) - 17:00 ET

January 07, 2010

Jan 07, 2010 (Briefing.com via COMTEX) -- Hourly In Play (R)

Updated: 07-Jan-10 17:00 ET

16:50

MAR Marriott sees Q4 revs per svailable room for comparable systemwide hotels outside N. America fell 14-16% (27.98 +0.11)

Co expects its Q4 2009 revenue per available room for comparable systemwide hotels outside N. America will have declined 14-16% on a constant dollar basis, consistent with the co's outlook disclosed on December 8, 2009. Further, MAR expects comparable systemwide REVPAR inside North America will have declined 13-14%, somewhat better than prior guidance. Prior guidance for North America initially outlined in a press release on October 8, 2009 and reiterated in the December 8, 2009 release assumed a 13-16% REVPAR decline for Q4 of 2009 for comparable systemwide hotels in North America.

16:30

LFT Longtop Financial signs agreement to acquire Giantstone; to be accretive to earnings (38.96 +0.34)

The co announces that the co has entered into a definitive agreement to acquire for cash 100% of Giantstone Information & Technology, a core banking solution provider in China. The acquisition is expected to close prior to March 31, 2010, and is expected to be earnings accretive for the fiscal year ended March 31, 2011.

16:30

UWN Nevada Gold and Casinos provides update regarding SunCruz Casinos (0.96 +0.04)

The co announces that it continues to pursue the acquisition of selected SunCruz assets despite the Chapter 7 bankruptcy filing by SunCruz's parent, Oceans Casino Cruises, Inc. As previously disclosed, SunCruz Casinos ceased operations of its casino cruises effective December 15, 2009 and SunCruz owner Oceans Casino Cruises, Inc. filed a Chapter 7 bankruptcy petition on December 28, 2009.

16:23

CXO Concho Resources closed two acquisitions; currently estimates 2010 production of 13.6-14.1 MMBoe (46.04 +0.11)

Co announced that it has closed two acquisitions of interests in producing and non-producing assets in the Wolfberry trend of the Permian Basin for ~$260 million. In addition, in a separate transaction in December 2009 the co purchased additional rights and interests in the Wolfberry trend for ~$47 million from multiple private sellers. These acquired interests are included in 522 producing wells and 848 identified locations in which the Company currently operates.... Co currently estimates that its 2010 production will total between 13.6 MMBoe and 14.1 MMBoe. At the high end of the production guidance range and at current 2010 NYMEX strip prices (~$84 per barrel and $6 per Mcf), co expects that its updated capital budget can be substantially funded with internally generated after-tax cash flow. Co will continue to monitor its capital expenditures in relation to its cash flow and expects to adjust its activity and capital spending level based on changes in commodity prices and the cost of goods and services and other considerations.

16:19

DTPI Diamond Mngmt reaffirms Q3 EPS and rev guidance at the upper end of the previously announced range (7.14 +0.04)

Co reaffirms guidance for Q3 (Dec) at the upper end of the previously announced range, sees EPS of $0.07-0.08 vs. $0.07 First Call consensus; sees Q3 (Dec) revs of $43.5-45.5 mln vs. $44.47 mln consensus. "Diamond continues to experience strong demand for its services as we begin the new calendar year. We are optimistic about the future and expect to see continued growth."

16:19

MIPI Molecular Insight Pharma to elimination of nine positions; sees one-time charge of approximately $200K (2.08 +0.02)

Co announced a strategic decision, which includes the elimination of nine positions in alignment with its plan to support the development of its oncology product candidates and to reduce operating costs. Molecular Insight, which now has 61 employees, has five clinical-stage products, two of which are expected to begin Phase 3 confirmatory trials in 2010. A one-time charge of approximately $200,000 is anticipated to be taken in the first quarter of 2010. After this one-time charge, Molecular Insight expects to achieve approximately $1 million in annualized savings in its operating expenses as a result of the reduction announced today.

16:18

IDSY I.D. Systems acquires GE Asset Intelligence (3.29 +0.04)

The co announces that it has acquired Asset Intelligence, a business unit of General Electric (GE), for $15 million in cash, with an additional cash consideration of up to $2 million payable upon the achievement of certain performance milestones. In connection with its separation from GE, Asset Intelligence has entered into a multi-year joint marketing agreement with GE Capital's Trailer Fleet Services business (TFS), a leading provider of trailer rentals, leases and sales across North America. Under this agreement, TFS will treat Asset Intelligence as a preferred supplier and market Asset Intelligence's products and services to its customers. In accordance with business purchase accounting rules, I.D. Systems will recognize revenue from Asset Intelligence's existing service contracts, but is not permitted to recognize deferred revenue from previous hardware sales. Based on this accounting methodology, I.D. Systems expects that Asset Intelligence will contribute $12-15 million to its GAAP revenue for 2010, including approximately $11 million from recurring services. Without the required purchase accounting adjustment, this $12-15 million would equate to approximately $24-27 million in revenue.

16:16

HNT Health Net Federal Services patient appointing services contracts extended (25.40 +0.83)

Health Net Federal Services, the government operations division of Health Net, announces the Patient Appointing Setting (PAS) Multiple Award Task Order (MATO) covering its contracts in Fort Irwin, Puget Sound and Great Lakes has been extended for six months, through September 30, 2010, by the United States Army's Center for Health Care Contracting, Fort Sam Houston, Texas. "We are pleased to have earned the opportunity to provide efficient and timely access to quality health care providers for the Military Treatment Facilities we serve," said Steve Tough, president, Health Net Federal Services. "Effective appointment setting services play a pivotal role in providing quality healthcare to the military community."

16:15

ZBB ZBB Energy announces appointment of new CEO (1.33 +0.08)

Co announces the appointment of Eric Apfelbach as President and Chief Executive Officer and a member of the Board of Directors of ZBB.

16:14

GPN Global Payment beats by $0.10, reports revs in-line; guides FY10 EPS in-line, revs below consensus (52.04 -0.33)

Reports Q2 (Nov) earnings of $0.71 per share, excluding $0.06 in discontinued operations from the sale of Money Transfer biz, $0.10 better than the First Call consensus of $0.61; revenues rose 11.7% year/year to $409 mln vs the $411 mln consensus. Co issues mixed guidance for FY10, sees EPS of $2.35-2.46, ex-items, vs. $2.45 consensus, previous guidance was for EPS of $2.43-2.54 (which seemed to include EPS which is now considered discontinued operations); sees FY10 revs of $1.58-1.615 bln vs. $1.65 bln consensus. "Despite challenging macroeconomic conditions, we reported solid financial performance this quarter, driven by strong growth in our U.S. ISO channel and continued successful execution in our International businesses."

16:13

DRWI DragonWave beats by $0.14, beats on revs; guides FY10 above consensus (12.06 +0.14)

Reports Q3 (Nov) earnings of CDN$0.37 per share, CDN$0.14 better than the First Call consensus of CDN$0.23; revenues rose 421.5% year/year to CDN$55.8 mln vs the CDN$48.1 mln consensus. Co issues upside guidance for FY10, sees FY10 revs of CDN$170 mln vs. CDN$151.55 mln consensus. Gross margin for the third quarter increased to 43% (consensus is for 41.3%), up from 42% in the prior quarter of fiscal 2010, while operating margin increased to 23%, from 18% in the prior quarter. "The Company continues to scale the business to meet expanding worldwide demand for our market-leading packet microwave solutions."

16:12

DMAN Demandtec beats by $0.02, reports revs in-line (8.45 )

Reports Q3 (Nov) earnings of $0.04 per share, excluding non-recurring items, $0.02 better than the First Call consensus of $0.02; revenues rose 5.8% year/year to $20.1 mln vs the $19.9 mln consensus.

16:11

ALOG Analogic receives $10 million order for its explosives detection systems (39.06 +0.54)

Co announces that it has received an order from L-3 Communications Security and Detection Systems for EXplosive Assessment Computed Tomography systems valued at approximately $10 mln. The certified eXaminer 3DX Explosives Detection System, developed in collaboration between Analogic and L-3, incorporates the EXACT subsystem. This new order is expected to start shipping in the second quarter of fiscal 2010.

16:11

BZH Beazer Homes terminates section 382 stockholder rights plan (5.13 +0.36)

Co announces that it has amended its Section 382 Stockholder Rights Plan to advance its expiration date. As a result of the amendment, the Rights Plan and the associated rights expired effective at 9:00 a.m. on January 7, 2010 and are of no further force or effect.

16:10

FCFS First Cash raises 2009 Continuing Ops Earnings Guidance by $0.05; Pays Off Credit Facility With Proceeds From Sale of West Coast Payday Operations (22.04 +0.35)

Co raises guidance for Q4 (Dec), sees EPS of $0.42-0.44 up from $0.37-0.39 vs. $0.41 First Call consensus. he increase is the result of stronger than expected fourth quarter revenue and operating results from the Company's pawn operations, both in the U.S. and Mexico. The Company also announced the successful sale of its West Coast payday lending and check-cashing operations as part of its ongoing strategy for increasing focus and growth on the Company's core pawn operations. The Company utilized the cash received from this sale, along with strong operating cash flows, to pay off in-full its bank credit facility. Comparatively, the Company had $69 million outstanding on the credit facility at the beginning of the year. In addition, the Company is initiating fiscal 2010 earnings guidance. The also sees its fiscal 2010 guidance for diluted earnings per share from continuing operations to be in a range of $1.53 to $1.59 per share vs $1.62 consensus

16:09

SHO Sunstone Hotel reports moderation in RevPAR decline; continues to pursue acquisitions (9.35 +0.28)

"On the operations front, we are seeing a moderation in the decline of RevPAR, and we continue to drive operational efficiencies throughout our portfolio. With respect to acquisitions, we believe now is the beginning of an optimal phase in the cycle for offense. Accordingly, we continue to evaluate numerous potential opportunities to acquire quality hotels at discount valuations. At the same time, we continue to execute on various finance initiatives designed to reduce corporate risk and provide capacity to capitalize on investment opportunities. We are steadfast in our resolve to consistently do what's best for our stockholders. Our objective is to outperform, and we believe that by being nimble, well-capitalized and decisive we will continue to create significant long-term stockholder value."... The Company believes that the recent declines in demand for lodging and continuing capital constraints may lead to opportunities to acquire hotels at discount valuations.

16:09

MAKO MAKO Surgical announces selected operating results for the quarter (11.23 +0.10)

Co announces selected operating results for the quarter ended December 31, 2009 in anticipation of its business update presentation at the 28th Annual J.P. Morgan Healthcare Conference at the Westin St. Francis Hotel in San Francisco on Wednesday, January 13, 2010. Seven RIO systems were installed and customer accepted at commercial sites during the fourth quarter. A total of 19 new RIO systems were installed in 2009 and, as of December 31, 2009, the total number of MAKO's commercial MAKOplasty sites was 36. MAKOplasty Procedures. During the fourth quarter, 561 MAKOplasty procedures were performed, representing a 34% increase over the third quarter of 2009 and a 180% increase over the fourth quarter of 2008. The average monthly utilization per commercial site increased to 6.0 procedures during the fourth quarter up from 5.4 procedures per site per month in the third quarter. A total of 1,602 MAKOplasty procedures were performed in 2009 and 2,384 procedures have been performed since the first procedure in June 2006. "We are pleased that our ongoing focus on execution has continued to produce strong operating results," said Maurice R. Ferre, M.D., President and Chief Executive Officer of MAKO. "The addition of seven new commercial sites and the 561 MAKOplasty procedures performed in the fourth quarter represent an increase of the adoption trends that we experienced in the first three quarters of 2009."

16:08

APOL Apollo Group testing $60 after reporting earnings (63.94 ) -Update- -Technical-

There isn't much in the way of support below $60 until $58.50

16:07

APOL Apollo Group beats by $0.01, beats on revs

Reports Q1 (Nov) earnings of $1.47 per share, $0.01 better than the First Call consensus of $1.46; revenues rose 30.8% year/year to $1.27 bln vs the $1.23 bln consensus. Apollo Group prelim New Degree Enrollment 98.1K vs 101K street consensus. Degree Seeking Gross Revenues per Degreed Enrollment $2349 compared to $2315 in Q4. As of November 30, 2009, the Company's cash, cash equivalents, and marketable securities, excluding restricted cash, totaled $924.8 million as compared to $987.8 million as of August 31, 2009. The decrease is primarily attributable to repayments on the Company's outstanding debt, largely offset by cash generated from operations. At November 30, 2009, accounts receivable increased to $341.0 million from $298.3 million at August 31, 2009. Company's days sales outstanding increased to 32 days at November 30, 2009, consistent with August 31, 2009, and compared to 26 days at November 30, 2008. Total debt outstanding (including short-term borrowings and the current portion of long-term debt) decreased by $396.3 million to $192.8 million at November 30, 2009, from $589.1 million at August 31, 2009. On December 31, 2009, University of Phoenix received the Department of Education's Program Review Report, which is a preliminary report of the Department's findings from its February 2009 program review of University of Phoenix's policies and procedures involving Title IV programs. The report contains six findings and one concern. The Company believes its liability resulting from the findings will be approximately $1.5 million. In addition, the Department's regulations require certain institutions to post a letter of credit where a preliminary program review report cites untimely return of unearned Title IV funds for more than 10% of the sampled students. Absent relief from this requirement, the University of Phoenix will be required to post by January 30, 2010, a letter of credit in the amount of approximately $125 million.

16:07

TSON Trans1 reports 4Q09 revs are expected to be ~$6.2 to $6.3 mln vs previously announced guidance of $6.7 to $7.2 mln and consensus of $6.95 mln (3.97 +0.26)

Co announces that that revenues for the fourth quarter of 2009 are expected to be approximately $6.2 to $6.3 million, which are lower than the Company's previously announced guidance of $6.7 to $7.2 million for the quarter and consensus ests of $6.95 mln. The firm notes that their results this quarter were again impacted by concerns in the marketplace surrounding reimbursement for their AxiaLIF procedure, which they continue to address through increased education and support resources for their current and prospective surgeon users. The co notes that they must now further advance their efforts to secure definitive resolution with the private payors and CMS as they remain confident in their products, clinical benefits and prospects for future growth as the market for minimally invasive spine surgery continues to expand.

16:06

STWD Starwood Property Trust recently closed three newly originated first mortgage loans for $107.8 million (19.11 -0.04)

Co announced that it has recently closed three newly originated first mortgage loans for $107.8 million. The three loans have an expected unlevered return of approximately 11.3% inclusive of fees and a weighted average loan to value of approximately 61.5%.

16:06

NUHC Nu Horizons Elec beats by $0.03, beats on revs (4.12 -0.03)

Reports Q3 (Nov) earnings of $0.04 per share, $0.03 better than the First Call consensus of $0.01; revenues fell 4.7% year/year to $179.4 mln vs the $164.6 mln consensus.

16:06

LWSN Lawson Software reports EPS in-line, beats on revs; guides Q3 EPS below consensus, revs in-line (6.99 +0.01)

Reports Q2 (Nov) earnings of $0.09 per share, ex-items, in-line with the First Call consensus of $0.09; revenues fell 10.7% year/year to $184.4 mln vs the $176.2 mln consensus. Co issues mixed guidance for Q3, sees EPS of $0.07-$0.09 vs. $0.10 consensus; sees Q3 revs of $174-$178 mln vs. $174.88 mln consensus.

16:06

SNX Synnex announces new distribution agreement with EMC Corporation (30.40 +0.28)

The co announces a new distribution agreement with EMC Corporation, a world leader in information infrastructure solutions. The addition of the EMC product line enhances the SYNNEX offering to include a broader set of storage and information management offerings for both small to medium sized businesses (SMB) and midmarket customers. SYNNEX will have access to EMC's broad product portfolio, including EMC CLARiiON networked storage, EMC Celerra unified storage and EMC's backup and recovery software offerings, and will help expand EMC's market reach through its network of resellers, specifically those in the SMB market.

16:05

ENG ENGlobal entered into a new $25 million revolving credit facility (3.41 0.00)

Co entered into a new $25 million revolving credit facility with Wells Fargo Bank, N.A. ("Wells Fargo Credit Facility"). The new credit facility matures in April 2012 and replaces its existing $50 million credit facility with a different lender that was scheduled to mature in August 2010.

16:05

VSAT ViaSat announces it has received a $21 mln contract from Barrett Xplore (32.01 +0.04)

Co announces it has received a $21 mln contract from Barrett Xplore., Canada's largest rural Broadband provider, for broadband gateway baseband infrastructure and satellite broadband terminals to be used with the high-capacity ViaSat-1 Ka-band satellite system. Under the contract, ViaSat will deliver and install satellite broadband equipment for four ViaSat-1 gateways in Canada, deliver an initial order of SurfBeam 2 subscriber terminals, and provide network services and technical support from the WildBlue operations center. The network system is designed to connect subscribers to the next generation satellite, which is expected to be available in mid-2011.

16:03

APOL Apollo Group may see some potential rising moving average support in the 61~60 area (10 day & 20 day in position) -Update- -Technical-

Extended hours low now @ 61.50

APOL @ 63.51

16:03

BAMM Books-A-Million reports sales for the 9 week period ended Jan 2, 2010, totaled $122.1 mln, down from $127.9 mln a year ago (7.09 +0.28)

Co says that comparable same store sales decreased 6.2%.

16:03

IHS IHS misses by $0.02, reports revs in-line; guides FY10 EPS in-line, revs in-line (55.61 +0.88)

Reports Q4 (Nov) earnings of $0.64 per share, $0.02 worse than the First Call consensus of $0.66; revenues rose 11.3% year/year to $257 mln vs the $258.7 mln consensus. Co issues in-line guidance for FY10, sees EPS of $2.87 vs. $2.87 consensus; sees FY10 revs of $1.04-1.08 bln vs. $1.07 bln consensus.

16:02

TSON Trans1 announces appointment of Ken Reali as President and Chief Operating Officer (3.97 +0.26)

16:02

SABA Saba Software reports 2Q10 EPS of $0.07, ex-items, vs $0.06 two analyst estimate; revenue increased 6.4% to $27.5 mln vs $26.1 mln estimate (4.39 +0.17)

16:01

EXFO EXFO's Triple-Play AXS-200/635 tester selected by tier-1 european network operator (4.30 -0.37)

Co announces that its AXS-200/635 Triple-Play Test Set has been selected by a tier-1 European network operator to support the deployment of its next-generation FTTC/VDSL2 services and applications. EXFO received an initial order of US$2 million, but the deal could reach $10 mln over several years. This network operator recognized the need for a next-generation, automated and easy-to-use handheld test set for its field technicians and advanced field engineers capable of operating and troubleshooting on bare wire loops, ADSL and especially newer VDSL2 circuits up to the wideband frequencies used for triple-play and IP-video service deployments.

16:00

CKEC Carmike Cinemas announces plan to refinance its senior secured debt facilities (7.55 +0.02)

Co announced that it is pursuing a refinancing of its senior secured term loan facility that matures in May 2012. The existing term loan facility had a balance of $250.8 million outstanding at December 31, 2009. The term loan facility is being launched with an interest rate of LIBOR plus 400 basis points, with a LIBOR floor of 2.0%. The potential refinancing is being led by J.P. Morgan Securities Inc., Citigroup Global Markets and Macquarie Capital (USA) as joint lead arrangers and joint bookrunners.

15:52

Earnings Calender

Today after the close look for the following companies to report: APOL, DMAN, DRWI, GPN, IHS, LWSN, MG, NUHC, and SCHN. Tomorrow before the open look for the following companies to report: AZZ, GBX, and PSMT.

15:50

VRMLQ Vermillion Inc: Court approves Vermillion's plan of reorganization (24.50 +1.10)

Co announced that its Plan of Reorganization was confirmed by the United States Bankruptcy Court for the District of Delaware. ". With this order, we are now poised to commercialize, with our partner Quest Diagnostics (DGX), this important test. Additionally, we will be able to continue the development of the other potential tests in our pipeline." On December 28, 2009 Vermillion entered into securities purchase agreements in connection with a private placement with a group of investors effective December 24, 2009. Under the terms of the agreements, the Company will receive approximately $43.05 million in gross proceeds from the sale of approximately 2,328,000 shares of its common stock.

15:48

WYNN Wynn Resorts working back near session high and two plus day range top at 68.23/68.33 (68.20 +1.24) -Technical-

15:45

XHB Sector ETF strength & weakness approaching today's closing bell -Technical-

Actively Traded Leading Sector ETF Plays:

SPDRS homebuilders- XHB +4.75%, Commercial banks- KBE +4.5%, Regional banks- KRE +3.25%. Finance- XLF +2.5%, IYF +2.5%, iShares healhcare providers- IHF +2.25%, Insurers- KIE +1.5%, US airlines- FAA +1.5%, iShares REITS- ICF +1.25%, iShares real estate- IYR +1%, SPDRS industrials- XLI +1%, iShares US broekr/dealers- IAI +.75%, SPDRS cons disct- XLY +.75%, US Dollar index- UUP +.75%

Actively Traded Lagging Sector ETF Plays:

Base metals- DBB -2.75%, Nat gas- UNG -2%, iShares South Korea- EWY -1.75%, China 25- FXI -1.5%, Commods- DBC -1%, iShares Brazil- EWZ -1%, India- INP -1%, iSharez Japan- EWJ -1%, Ag commods- DBA -.5%, Semis- IGW -.5%, SMH -.5%

15:05

RSG Republic Services accelerates dividend payment date (28.78 -0.15)

Co announced regularly quarterly dividend to January 15, 2010. The original payment date for the dividend was January 18, 2010, which is a Federal holiday. The record date for this dividend remains January 4, 2010 and the dividend remains $0.19 per share.

15:01

U.S. warns banks to guard against risk of rising interest rates-- Bloomberg

15:01

PALM Palm and Verizon Wireless announced availability of Palm Pre Plus and Palm Pixi Plus (11.01 -0.21) -Update-

Verizon Wireless (VZ) and Palm announced the Jan. 25 availability of Palm Pre Plus and Palm Pixi Plus, bringing the Palm webOS experience to customers on the nation's largest and most reliable wireless 3G network. Palm Pre Plus has a large touch screen; high-performance processor; and slide-out keyboard. Pre Plus also comes with the Palm Touchstone Back Cover, making the phone compatible with the inductive Touchstone Charging Dock. Verizon Wireless Pre Plus customers will also get 16 GB of storage (approximately 15 GB user available) for applications and media.

15:00

LGND Ligand Pharma earns $1 million in milestone payment from Merck (2.05 0.00)

Co announces that it has received a $1 million milestone payment from N. V. Organon, a subsidiary of Merck & Co., Inc., stemming from its research collaboration that expired on December 31, 2009. The payment is a result of achieving a discovery milestone. In total, Ligand has earned $4 million from this collaboration over the past few months.

14:59

COMDX CBOT Agriculture and Ethanol and ICE Exchange Sugar Closing Prices

March corn closed lower by 4.25 cents to $4.1725 per bushel, March soybeans closed lower by 33 cents to $10.26 per bushel, March wheat closed lower by 9.5 cents to $5.5775 per bushel, February Ethanol closed lower by $0.019 to $1.916, March world sugar futures closed 0.41 cents lower at 28.00 cents per pound.

14:58

SHLD NASDAQ 100 (NDX) leaders & laggards moving into today's final hour of trading -Technical-

NDX 100 Best % Performers:

SHLD +11%, BBBY +8%, GENZ +5%, ROST +4.25%, NIHD +3.5%, ESRX +2.5%, PDCO +2.25%, ILMN +2.25%, FAST +2%, CMCSA +2%, QCOM +2%

NDX 100 Worst % Performers:

CTSH -4%, URBN -3%, INFY -3%, YHOO -3%, ATVI -2.25%, GOOG -2.25%, MRVL -2%, NVDA -2%, LIFE -2%, FLEX -2%, NWSA -1.75%

NASDAQ TRIN @ +1.1

NASDAQ A/D Line @ +185

14:55

PALM Palm announces Palm webOS developer program is now open (11.20 -0.04) -Update-

The Palm webOS developer program is now open. Any developer can now go to the Palm Developer Center and start developing and distributing applications for webOS devices. Palm announced a $1 million developer Hot Apps bonus program for the rapidly growing Palm webOS developer community.

14:55

GE Dow (INDU) leaders & laggards moving into today's final hour of trading -Technical-

INDU Best % Performers:

GE +6%, BAC +4.5%, BA +3.5%, JPM +2.5%, TRV +1.75%, AXP +2%

INDU Worst % Performers:

AA -2.5%, MSFT -1.25%, INTC -1%, JNJ -1%, T -1%, KFT -.75%, VZ -.75%

NYSE TRIN @ +.65

NYSE A/D line @ +490

14:53

SPY Dow +31 joins S&P +4 and new 52-wk high, Nasdaq -2 still struggling near unchanged -Update- -Technical-

14:48

XLV Healthcare SPDR hovering multi-week range top/52-wk high from Dec at 31.76 (31.71 +0.09) -Technical-

UNH +3.8%, WLP +3.7%, ABT +0.4%, MDT +0.6%, GILD +0.6%.

14:44

COMDX NYMEX Energy Closing Prices

Crude oil settled lower by 48 cents to $82.70, natural gas shed 18.7 cents to close at $5.822, heating oil lost 1.95 cents to end at $2.1837 and RBOB gasoline dropped 0.3 cents to finish at $2.1363 (all Feb contracts).

14:08

BGP Borders Group and Spring Design announced an agreement to feature upcoming Borders eBook store (1.20 +0.01)

Spring Design and Borders Group announced an agreement in principle to feature the upcoming Borders eBook store powered by Kobo on the new dual display Alex eReader later this year. The agreement in principle follows a recent announcement that Borders will launch a new eBook store on Borders.com as well as Borders-branded mobile eBook applications, powered by Kobo. The new Borders-branded eBook store will offer more than two million titles.

13:51

SCANX Today's biggest point gainers/losers -Technical-

Biggest point gainers: GS (177.42 +3.16), ESI (101.02 +3.12), SHLD (97.60 +8.73), STRA (218.91 +4.89), ATRI (162.70 +3.71), ZIGO (10.72 +3.34), BBBY (42.50 +3.27), ALX (309.70 +8.75), DRN (143.47 +3.77), ZZC (92.74 +3.74), FAS (85.00 +3.54), ZEP (20.76 +3.46), SNS (292.98 +3.24)... Biggest point losers: NEU (120.49 -3.87), GME (20.29 -3.74), TYH (157.68 -3.56), MA (252.08 -3.48), EDC (147.18 -3.16), GOOG (598.50 -9.76), BIDU (403.50 -9.00), TSRA (19.99 -3.40), PCLN (215.85 -3.23), AMZN (129.21 -3.04)

13:36

COMDX COMEX Metals Closing Prices

Feb gold ended the session lower by $2.90 to $1133.60, March silver gained 17.5 cents to end at $18.35 and March copper lost 6.75 cents to $3.427.

13:32

TECHX Healthcare Index -HMO- strong extension early range breakout (1574 +42) -Update- -Technical-

The HMO index broke above a two week range this morning to set a new 52-wk high with the rally extended further in recent trade. Helping to pace the way are: AET +2.4%, CI +3.4%, CVH +1.4% (just under Dec high), HNT +2.6%, HUM +5.5%, WLP +3.5%, UNH +3% (session high 32.85, Dec high 33.25), WCG +2.4%, MOH +3.1%.

13:30

JBLU Jetblue Airways reported that its traffic in December increased 7.5% (5.85 +0.12)

Co reported that its traffic in December increased 7.5 percent from December 2008, on a capacity increase of 6.6 percent. Load factor for December 2009 was 80.0 percent, an increase of 0.6 points from December 2008. JetBlue's preliminary completion factor was 96.8 percent and its on-time performance was 66.8 percent. JetBlue's preliminary passenger revenue per available seat mile for the month of December decreased three percent year over year.

13:21

LNC Lincoln National enters into $550 million 10-year letter of credit facility (27.02 +0.21)

Co announced that it and certain of its subsidiaries have entered into a $550 million, 10-year letter of credit transaction with Credit Suisse AG to support regulatory capital requirements for its life insurance business. The transaction is expected to provide approximately $400 million of initial statutory capital relief as of December 31, 2009 to Lincoln's primary insurance subsidiary, The Lincoln National Life Insurance Company. The estimated annual GAAP expense is $10 million, after-tax.

13:16

SPY S&P 500 pauses after setting fractional new session/52-wk high -Technical-

The Dow +6 set a new session high as well but did not confirmed the new 52-wk high. The lagging Nasdaq Comp -9 failed to reach the flat line on the morning bounce (stalled at intraday resistance noted in the 10:15 update at 2295/2299) and edged back over the last two hours. A continued posture above 2284 during the decline (hit 2289) would allow for another leg higher short term.

13:15

SPY NYSE volume stronger, NASDAQ volume weaker here @ midday-- See volume charts below -Technical-

After nearly four hours, NYSE volume is pacing ahead of this week's 60 min. totals, while NASDAQ volume trails yesterday's tally @ this point in the day.

Price & volume pattern relationships may become more important later today & into the close as participants adjust ahead of tomorrow's Dec. Nonfarm payrolls data due for release @ 8:30ET.

NYSE Volume Chart (60 min)

NASDAQ Volume Chart (60 min)

13:02

XLF Financial Select Sector SPDR continues to run, flirting with congestion/gap resistance (15.28 +0.29) -Update- -Technical-

The XLF has outperformed the overall market over the last week after two months of a lagging performance. Today's strong upside extension has brought it up near congestion/gap/Sep high resistance in the 15.35/15.45 area (session high 15.30) -- Click for chart. Pacing the way higher are: BAC +4%, BK +2.7%, GS +1.8%, MS +1.9%, STT +1.5%, PNC +4.8%, USB +2.9%, WFC +3.6%, HIG +1.5%, TRV +1.4%.

13:02

ISLE Isle of Capri: Nemacolin Woodlands Resort reached a casino management and marketing agreement with Isle of Capri Casinos (8.05 -0.01)

Nemacolin Woodlands Resort located in Farmington, Fayette County, Pennsylvania announced it intends to file an application with the Pennsylvania Gaming Control Board for a resort gaming license. Additionally, Nemacolin Woodlands announced that it has reached a casino management and marketing agreement with Isle of Capri Casinos.

13:01

CVS CVS Caremark announced an agreement with Allscripts for e-Prescribing (33.28 +0.72)

Co announced an agreement with Allscripts (MDRX) that will position both companies to help accelerate adoption of e-prescribing technology. This agreement between the nation's largest pharmacy health care provider and the largest provider of e-prescribing and Electronic Health Record (EHR) solutions will enhance the ability of CVS Caremark to support its payer and employer clients in driving e-prescribing adoption throughout their networks. Under the agreement, iScribe users will also have the opportunity to transition to a full Allscripts EHR, enabling them to qualify under the American Recovery and Reinvestment Act (ARRA) for between $44,000 and $64,000 in federal incentive payments beginning in 2011. The Centers for Medicare and Medicaid Services already provides financial incentives for e-prescribing under the Medicare Improvements for Patients and Providers Act (MIPPA).

12:54

IMAX Imax announces digital 3D motion picture camera initiative (14.41 +0.10)

On the heels of this week's announcement between IMAX Corporation (IMAX), Discovery Communications (DISCA) and Sony (SNE) to create a cable television network devoted entirely to 3D content, IMAX announced that it is developing its first IMAX 3D digital camera. Co expects its first prototype to be ready by early 2010, with the goal of an official launch in 2011.

12:50

SBGI Sinclair Broadcast and Mediacom reach agreement (4.90 -0.15)

Co announces that it has entered into a 1-year retransmission consent agreement with Mediacom Communications Corporation for the continued carriage of the signals of 22 television stations owned and/or operated by Sinclair in 15 markets to more than 600,000 unique Mediacom subscribers. Mediacom has also agreed to drop its FCC complaint against Sinclair arguing that Sinclair had not negotiated in good faith.

12:45

KBE Sector ETF strength & weakness here @ midday trading -Technical-

Actively Traded Leading Sector ETF Plays:

Commercial banks- KBE +4%, SPDRS homebuilders- XHB +3.5%, Regional banks- KRE +2.75%, US airlines- FAA +2.25%, Financials- XLF +2%, IYF +1.5%, iShares healthcare providers- IHF +1.25%, iShare REITS- ICF +1.25%, Solar power- TAN +1.25%, Insurers- KIE +1%, iShares real estate- IYR +1%

Actively Traded Lagging Sector ETF Plays:

Base metals- DBB -2.75%, Nat gas- UNG -2.5%, iShares South Korea- EWY -1.75%, China 25- FXI -1.75%, Seims- SMH -1.25%, IGW -1%, SPDRS metals/mining- XME -1.25%, Commods- DBC -1%, iShares Brazil- EWZ -1%, Basic materials- XLB -1%, IYM -.75%, Steel- SLX -.75%, Biotech- BBH -.75%, iShares Japan- EWJ -.5%, SPDRS tech.- XLK -.5%, SPDRS utilities- XLU -.5%

12:45

GE General Electric unit signed agreement with Cosan to deliver 50 new AC44i locomotives for freight transport starting in 2010 (16.35 +0.90) -Update-

12:39

CLRO Clear One Commun's NetStreams was granted patent for its Audio Network Distribution System (3.27 +0.11)

NetStreams announced it was granted patent # 7,643,894 for its Audio Network Distribution System on January 5th, 2010 by the United States Patent Office. The patent is for streaming synchronized time-sensitive audio and video over Local Area Networks.

12:22

CYCC Cyclacel Pharma's Seliciclib found effective against lung cancer cell lines including K-RAS mutations (1.31 +0.25)

Co announces the publication of two peer-reviewed journal articles featuring the company's seliciclib drug candidate, an orally available inhibitor of multiple cyclin-dependent kinases. CDKs have been extensively investigated as therapeutic targets in light of their frequent deregulation in lung carcinogenesis. In an article published in Clinical Cancer Research, seliciclib was found to be effective in killing lung cancer cells through a novel apoptotic mechanism or induction of cancer cell suicide. Nearly all lung cancer cell lines against which seliciclib was most effective had Ras-activating mutations. "Approximately 15%-30% of patients with NSCLC harbor Ras mutations and have a poor prognosis," said Professor David Glover, Ph.D., Cyclacel's Chief Scientist. "The data published in Clinical Cancer Research show a high correlation between Ras mutations and sensitivity to seliciclib. Investigating a correlation between clinical outcomes and Ras mutation status in patients from completed seliciclib trials may provide a rationale to select patients for treatment with seliciclib or other CDK inhibitors based on mutational profile. We look forward to unblinding data from our completed Phase 2, randomized, double-blinded APPRAISE trial in patients with pretreated NSCLC during 2010. If seliciclib is found to be effective in patients with Ras-mutant NSCLC, it could address an area of high unmet medical need."

12:20

SPY S&P 500 sets new session high of 1138 -Update- -Technical-

Industrials XLI +0.7%, (GE +5.3) are providing leadership along with Finance XLF / RKH, REITs IYR, Solar TAN, Gold Miners GDX, Steel SLX

12:12

FSLR First Solar shares break out above the 1st hour highs with price probing the Dec. swing high resistance point above 142.60 (141.83 +1.81) -Technical-

HoD now @ 142.33.

12:10

GS Goldman Sachs shares making a strong midday extension into fresh Jan. highs here with little in the way of daily chart technical res. until near the 180.00 mark congestion from mid Nov. -Update- -Technical-

GS +1.55%, vs. XLF +1.4%.

HoD now @ 177.23

12:08

AMZN Amazon.com edges slightly off session low (129.65 -2.59) -Update- -Technical-

Stock stabilized near its 50 day sma (131.10) over the first few hours of action but did decline to a new session low of 129.30. Some interest has developed in recent trade with initial intraday resistance at 129.80/129.90 being tested. A secondary level is in the 130.25 area. Support below is at the bottom of the mid-month bull gap at 128.79 with the 50 day ema at 127.39.

12:05

GE General Electric - - Relative Strength (16.14 +0.69) -Technical-

Stock showing strong upward momentum here into midday on increasing volume. Technically, next area of interest lies above near the early December highs around 16.35/16.50 zone.

12:03

European Markets Closing Prices: FTSE: 5526.7 -3.3 -0.1%, DAX: 6019.4 -15.0 -0.3%, CAC: 4012.9 -1.1 -0.03% -Update-

11:57

DAL Delta Air Lines reports December traffic (12.72 +0.61)

Co reported traffic results for December 2009. System traffic in December 2009, including both Delta and Northwest operations, decreased 7.5% compared to December 2008 on an 8.0% decrease in capacity. Load factor increased 0.4 points to 81.2%.

11:32

GG Goldcorp: Eastmain Resources reports results from the fall drilling program with subsidiary of Goldcorp (41.60 -0.36) -Update-

Eastmain Resources reports results from the fall drilling program at its Eleonore South joint-venture project with Les Mines Opinaca, a wholly-owned subsidiary of Goldcorp (GG) and Azimut Exploration Inc. ("Azimut"). 14 drill holes totaling 3,697 metres were completed to test the JT gold zone as well as two other priority targets on the property. In the JT Gold Zone area, 9 of 12 holes intersected gold-bearing sediments over wide intervals, along a one-kilometre-long corridor (Long section, Map 1, website). Drilling has confirmed a strong gold geochemical anomaly for a length of one kilometre in the JT target area. Gold-bearing sedimentary rocks containing arsenopyrite assayed up to 9.22 grams per tonne gold over a half-metre core interval, beneath previous surface trench sampling, which returned assays of up to 5.33 g/t gold (Au) across 8.0 metres and 10.9 g/t Au over 3.0 metres (Aug 30, 2007 News Release).

11:31

SUNH Sun Healthcare downgraded earlier to Mkt Perform at Avondale; tgt lowered to $9 (8.90 -0.28)

Earlier, Avondale Partners downgraded SUNH to Mkt Perform from Mkt Outperform and lowered their tgt to $9 from $11 following yesterday's 2010 guidance which was below the street and the firm's estimates.

11:30

MMUS MakeMusic announced Dec subscription results for SmartMusic (4.33 +0.03)

Co announced monthly subscription results for SmartMusic. SmartMusic subscriptions as of December month end numbered 133,782, representing a net gain of 2,461 from the previous month and a 26% increase over the prior year.

11:27

PVFC PVF Capital Corporation changes record date for its proposed rights offering of common stock (1.94 0.00)

Co has rescinded the previously set record date of December 18, 2009 for its proposed rights offering of common stock. The Company has set January 27, 2010 as the new record date for the rights offering.

11:23

Rumor Round Up

Today turned out to be an extremely busy rumor morning. There was renewed Nucor (NUE 48.69 -0.88) for Steel Dynamics (STLD 19.22 -0.28) chatter, this rumor has been around many times in the past. We note STLD calls are seeing interest following takeover chatter with 12.5K total calls vs 1.1K puts. Most notable are the STLD Jan 20 calls with 4990 contracts trading vs. open int of 11.4K, pushing implied vol up around 4 points to ~45%. China BAK Battery (CBAK 2.95 +0.07) traded higher following rumors the co may have won a contract. Finally, it was rumored that A-Power Energy (APWR 19.00 -0.36) could be seeing interest from General Electric (GE 15.73 +0.27), the shares have not materially reacted to the rumor.

11:14

ZUMZ Zumiez upgraded earlier to Buy at B. Riley & Co; tgt raised to $16.40 (14.95 +2.27)

Earlier, B. Riley & Co upgraded ZUMZ to Buy from Neutral and raised their tgt to $16.40 from $13 following the co's better than expected December sales. The firm notes that they witnessed relatively solid traffic and conversion in late Holiday, as ZUMZ' promotional strategy gained traction. Additionally, the firm believes that merchandise margins should improve substantially in Q4 versus last year. Accordingly, the firm has raised their Q4 estimates to $0.21 from $0.19 (consensus $0.22). Furthermore, the firm believes that the company has mindshare with its target demographic and they feel that is a platform to build on, as the macro climate improves and board-sports eventually re-gains favor.

11:10

BG Bunge shares continue to display impressive upside after a clear breakout earlier this week from a down trendline (10.36 +1.31) -Technical-

A Aug. 10, 2009 gap close objective stands just above current levels @ 70.53.

HoD now stands @ 70.36

You can see the recent BG coverage & chart action using the ticker archive (Jan 4& Dec. 29).

11:05

LMT Lockheed Martin slides to new session low of 74.45 to test its Dec low at 74.43 (74.46 -2.06) -Update- -Technical-

11:05

RIMM Research In Motion shares, one of the few leaders amongst the widely watched NDX 100 stocks, sinks to fresh session lows & reverses into negative territory in recent trade (65.35 -.05) -Technical-

10:57

DKS Dick's Sporting Goods pushes to fresh opening highs as it lifts up into its Oct/52-wk high of 26.00 (26.01 +0.96) -Update- -Technical-

10:54

TECHX Relative Sector Strength -Update- -Technical-

Sectors that have outperformed the S&P on the move off morning lows include: Retail XRT, Internet HHH, Finance XLF / RKH, Materials XLB, REITs IYR, Gold Miners GDX, Coal KOL, Casino, Energy XLE / OIH, Housing XHB.

10:51

OBAS Optibase Ltd. announces receipt of notice regarding termination of purchase agreement regarding interest in 485 Lexington Avenue, New York, NY (1.27 -0.08)

Co announced that Green 485 JV LLC, the seller of 485 Lexington Avenue in Manhattan, delivered a letter stating that the Purchase Agreement for 485 Lexington Avenue is terminated and requesting that deposit for the transaction be returned to Optibase and its joint venture partner with interest. For additional information on the 485 Lexington Avenue transaction, see the Company's announcement dated August 10, 2009. Optibase is currently reviewing the letter.

10:49

COMDX Crude oil, gold and silver all making modest moves to the upside

Crude is currently off 13 cents to $83.05; gold is lower by 3.30 to $1133.20 and silver is up 16 cents to $18.335

10:47

AMZN Amazon.com held in vicinity of 50 day support, hovering near its morning recovery high at 131.32 (131.35 -0.90) -Technical-

10:46

DIA Dow bounces 75 points off morning low -Technical-

10:46

IYR iShares DJ Real Estate sees a strong opening reversal as it finds support off of its 20-day ema at 45.58, a level that the ETF has been maintaining for the past 2 sessions (46.04 +0.13) -Technical-

SPG, VNO, BXP, PSA, EQR, MAC, DDR, KIM.

10:39

CSGP CoStar Group: District of Columbia offers $6.1 million tax abatement for CoStar Group to relocate headquarters (42.05 -0.45)

Co announced the Council of the District of Columbia approved the offering of approximately $6.1 million in real estate property tax abatements over a 10-year period, if CoStar Group relocates and hires 100 District residents. In addition, CoStar Group may be eligible for additional incentives such as a five year elimination of District corporate income tax and certain sale and use tax exemptions.

10:37

T AT&T holds on tests of 50 day ema at 27.28 -- session low 27.29 (27.39 -0.21) -Technical-

The stock has dropped as much as 5% off this week's peak from intraday high to low. The initial rebound high off the 50 day is at 27.42.

10:37

SFN Spherion initiated with a Outperform at Boenning & Scattergood; tgt $10 (6.06 -0.06)

Boenning & Scattergood initiates SFN to Outperform and establishes a tgt of $10 as they believe the co is well positioned for the unfolding cyclical upturn in staffing. While all agree that the staffing cycle is underway, the firm thinks the upswing could surprise to the upside, regardless of the power of the economic recovery. The firm believes that the dramatic reduction in temp employment during the recent downturn, which was two times the drop in 2001-02, has set the stage for a sharp recovery, and SFN is well positioned to participate in all stages with its mix of general and professional staffing.

10:35

XHB Sector ETF strength & weakness through today's 1st hour of trading -Technical-

Actively Traded Leading Sector ETF Plays:

SPDRS homebuilders- XHB +3%, US ailiners- FAA +1.75%, Commercial banks- KBE +1%, US Dollar index- UUP +.75%, iShares healthcare providers- IHF +.5%, Livestock commods- COW +.5%, Financials- XLF +.5%, IYF +.25%, Solar power- TAN +.5%, SPDRS cons disct- XLY +.5%

Actively Traded Lagging Sector ETF Plays:

Base metals- DBB -1.75%, iShares South Korea- EWY -1.75%, China 25- FXI -1.75%, Biotech HLDRS- BBH -1.25%, SPDRS metals/mining- XME -1.25%, iShares Brazil- EWZ -1%, Gold miners- GDX -1%, Steel- SLX -1%, Semis- SMH -1%, IGW -1%, iShares Japan- EWJ -.75%

10:31

NYMX Nymox Pharma announced the publication of a new peer-reviewed paper on Investigational Drugs featuring NX-1207 (4.49 +0.14)

Co announced the publication of a new peer-reviewed paper in Expert Opinion on Investigational Drugs featuring NX-1207, the Company's innovative treatment for benign prostatic hyperplasia (BPH). In Expert Opinion, the author writes, "Regarding existing oral drug therapies, the use of NX-1207 would obviate daily and lifelong compliance issues as well as the ongoing concerns of polypharmacy facing the elderly and the attendant risk for drug-drug interactions. In comparison to office-based MIST options, the transrectal injection approach afforded by NX-1207, both anesthetic/analgesic free as well as catheter free, will be quite compelling to most patients. If the ongoing Phase III trials can duplicate the success seen in earlier trials, for both efficacy and safety, then the administration of NX-1207 should be expected to significantly impact the current pattern of treatment options employed by urologists for their patients with BPH."

10:30

UNG Natural gas moves back into positive territory following in-line inventory number; currently off unchanged at $6.009

10:29

SPY Stock indices bounce after S&P -3 and Dow -32 did not confirm new low in Nasdaq -11 -Update- -Technical-

Relative sector strength has come from Airline, Ag/Chem MOO, Materials XLB, Retail XRT, Finance XLF / RKH, Energy XLE / OIH.

10:28

SHLD NASDAQ 100 (NDX) leaders & laggards moving through today's 1st hour of trading -Technical-

NDX Best % Performers:

SHLD +13%, BBBY +9%, ROST +5%, APOL +2%, NIHD +1.5%, CMCSA +.5%, LBTYA +.75%, DELL +.5%

NDX Worst % Performers:

URBN -3%, CTSH -3%, INFY -3%, AMGN -2.5%, YHOO -2.5%, GRMN -2.5%, ATVI -2%, NVDA -2%, PPDI -2%

NASDAQ TRIN @ +.85%

NASDAQ A/D line @ -575

10:28

BONDX Treasury Supply unch 3.822%

Treasuries are trying to pull back to better with the short end dragging. The market is still struggling with global supply in the pipeline, which is expected to remain at record levels. The market is set for the announcements on next week's offerings (11), anticipating the size to remain at record levels. There is a good chance there will be a larger offering on the 10-yr TIPS, to $9B or $10B from $8B (correct). The market is expecting $40B 3-yrs, $21B reopened 10-yrs and $13B reopened 30-yrs. There is also a batch of bills, with a 1-yr offering at an at-record $27B while the 3-mos should remain at the smaller sized $25B and the 6-mos $26B

10:26

AAPL Apple drops to new session low of 209.28, holds above support at its Oct peak/last week's low at 208.71/208.31 (209.90 -1.07) -Update- -Technical-

10:26

BAC Dow (INDU) leaders & laggards moving through today's 1st hour of trading -Technical-

INDU Best % Performers:

BAC +1.75%, BA +1.75%, TRV +.50%, GE +.50%

INDU Worst % Performers:

AA -3.25%, MMM -1.25%, MSFT -1%, INTC -.75%, CVX -.75%

NYSE TRIN @ +.85

NYSE A/D line @ -685

10:22

HOTT Hot Topic downgraded to Neutral at Boenning & Scattergood (5.44 -0.52)

Boenning & Scattergood downgrades HOTT to Neutral from Outperform. The firm notes that for December, HOTT reported a comp decline of 10.9% and lowered its guidance range for Q4 EPS of $0.23 to $0.26 to $0.18 to $0.20. Moreover, the same store sales declined 10.9% compared to the firm's estimate of a decline of 9% and the consensus estimate of -8%. The firm notes that the majority of the disappointment is coming from HOTT's inability to successfully anniversary the Twilight products sales from last year. Given that Twilight contributed to HOTT sales momentum through April 2009, the firm believes that the lack of contribution of the New Moon product is proving that there is a lack of a near-term catalyst at HOTT.

10:15

SPY S&P and Nasdaq hold near supports -Update- -Technical-

Supports noted earlier at 1130/1129 S&P and 2284/2279 Nasdaq have held on this morning's decline (session lows 1131, 2285). Recovery gains back to/through 1136 and 2295/2299 are needed to improve the weaker pattern.

10:12

BWLD Buffalo Wild Wings slips to session lows with 4 week strong technical support in play just below current levels-- See Chart (39.50 -.39) -Technical-

The Dec. bas & Jan. swing low comes in @ the 39.30 level & should certainly be on the radar for continued long support, or technical failure which may lead to some downside if taken out sharply.

LoD now @ 39.49.

BWLD Daily Chart

10:10

UAUA Airline Index -XAL- holding up relatively well -Technical-

UAUA +1.5%, LUV +1.7%, DAL +3.2%, CAL +3.5%, ALK +1.9%, JBLU.

10:08

GME Gamestop lifts to gap down highs as it pushes modestly back above the 20.00 "psych" area (20.13 -3.89) -Update- -Technical-

10:07

XLF Financial Select Sector SPDR displaying relative strength (15.02 +0.03) -Technical-

The stock indices have faltered but the XLF has held up relatively well after establishing a new two month high of 15.07. Helping to underpin are: GS +0.6%, WFC +1.1%, BAC +1.3%, MS +0.7%, USB +0.3%, STT +0.7%, PCE +0.4%. The XLF is still, however, still at a resistance zone between 15.04/15.13 (see The Technical Take for chart) which could continue to cap the upside in the wake of the extensive run over the last several days.

10:05

APOL Apollo Group pushes higher intraday as it elevates up into its late Oct gap down high near 65.00 (65.00 +1.17) -Technical-

Others in the group also displaying some early morning relative strength thus far -- ESI, DV, COCO, CECO.

10:05

Q Qwest announces offering of $500 million of debt securities and redemption of 7.25% Senior Notes Due 2011 (4.54 +0.03) -Update-

10:01

GSK GlaxoSmithKline parner achieved another development milestone in its FLAP program (41.14 -0.20)

Amira Pharmaceuticals announced that it has achieved another development milestone in its FLAP program, which is partnered with GlaxoSmithKline. This milestone is related to the successful development of a solid dose formulation, which is critical for future development and commercialization activities.

10:01

GS Goldman Sachs displays relative strength as it lifts to opening highs, just below yesterday's high of 175.38 (175.29 +1.00) -Update- -Technical-

10:01

CFN CareFusion: New study published shows superiority of CareFusion ChloraPrep compared to povidone-iodine as a surgical skin prep (24.99 +0.19)

Data published in The New England Journal of Medicine demonstrates that use of CareFusion's patient preoperative skin preparation ChloraPrep (2 percent chlorhexidine gluconate and 70 percent isopropyl alcohol) reduced total surgical site infections (SSIs) by 41 percent, from 16.1 percent to 9.5 percent, compared to use of povidone-iodine solution, the most commonly used preoperative skin preparation.

10:01

GMCR Green Mtn Coffee under some pressure off the opening, dropping over -2.25 points towards this week's low of 80.11 (80.90 -2.03) -Technical-

09:56

AMGN Amgen dives lower off the opening to probe its 200-day simple moving average near 55.16. (54.87 -1.92) -Technical-

Next area of interest is the mid-Decemer reaction low around 54.12/54.58 area.

09:55

SPY S&P 500 slips under the low of yesterday's 52-wk high far at 1133, initial support is in the 1130/1129 area -Update- -Technical-

09:53

XRT SPDR Retail early sector leader slips into the red (36.39 -0.10) -Update- -Technical-

09:52

VZ Verizon - - 50 Day Alert (31.62 -0.30) -Update- -Technical-

Sinking below yesterday's breakdown low of 31.80, the Telecom stock challenges its 50-day simple moving average around 31.72. Note the early December reaction low is 31.35.

09:50

QQQQ Nasdaq Comp lagging, slips slightly under initial support at Tues/Wed lows at 2295 -Update- -Technical-

The next short term support is in the 2284/2279 area.

09:47

CPBY China Information Security Technology raises $20 million in registered direct offering (6.09 -0.10)

Co entered into definitive agreements with certain accredited investors to sell in a registered direct offering an aggregate 3,252,033 shares of its common stock at a price of $6.15 per share for an aggregate proceeds amount of $20 million. The offering includes 1,600,000 shares of common stock offered by Mr. Jiang Huai Lin, the Company's Chief Executive Officer, who will hold 39.1% of the Company's outstanding shares after the closing of the offering.

09:46

PNC PNC Bank makes $95 million dividend payment to U.S. Department of Treasury under the Troubled Asset Relief Program (54.20 +0.15)

09:44

QQQQ Certainly worth noting that four of the five most widely followed NDX 100 stocks are trading weaker in the early going -Technical-

RIMM +1.1% & is a clear strength leader while AAPL, AMZN, BIDU, & GOOG are all at or near the lowest levels of the 1st half hour.

This bears watching this morning for a read into tech. space strength & weakness today.

QQQQ +.10%

09:43

CELL Brightpoint announces agreement with HTC to provide logistics services supporting Google's Web Store Channel (6.65 +0.11)

Co announced that its subsidiary, Brightpoint North America, has entered into an agreement with HTC Corporation to perform fulfillment services for HTC relating to Google's (GOOG) web store in the U.S., including inbound receiving, inventory management, kitting of product, and picking and shipping of end-user orders from the Google web store, and transportation management.

09:43

XLK Technology Select Sector SPDR approaching support at $22.88 as several momentum leaders showing weakness (22.93 -0.05) -Technical-

AAPL, GOOG, BIDU, AMZN showing weakness

09:42

GFI Gold Fields issues updated production guidance for Q2 F2010 (13.61 -0.27)

Co issued updated production guidance for Q2 F2010. Attributable production for Q2 F2010 is expected to be ~900koz, which is 2.8% lower than the previous guidance of 925koz, provided on 29 October 2009. The lower production is mainly as a result of seismic related production stoppages experienced in South Africa. At the Driefontein mine in particular, seven days of production, or almost one third of the December production month, were lost due to a major seismic event which resulted in an extended search and rescue operation, as previously reported. In line with the lower production, total cash costs and notional cash expenditure (NCE) for the Group are expected to be approximately US$615/oz and US$900 respectively, which is ~4% and 3% higher than guidance.

09:41

MA MasterCard lower off the opening to find initial support along its rising 20-day exponential moving average around 251.84. (253.48 -2.08) -Update- -Technical-

09:40

ZIGO Zygo Board evaluating unsolicited proposal from II-VI (7.38 )

Co announced before the open (it is still halted) that its Board of Directors received from II-VI Incorporated (IIVI) on January 5, 2010 an unsolicited proposal to acquire all of the outstanding shares of common stock of ZYGO for $10.00 per share in cash or II-VI common stock (subject to a limitation on the aggregate amount of II-VI common stock). The Board of Directors will engage an independent financial advisor and evaluate this proposal carefully and pursue the best course of action to enhance value for ZYGO's shareholders.

09:40

POT Potash pushes higher off the open as it lifts up into yesterday's momentum high of 123.21, just below its Dec range/52-wk high of 124.10 (123.11 +0.12) -Technical-

09:40

AEO American Eagle upgraded to Hold at Brean Murray (17.18 -0.38)

Brean Murray upgraded AEO to Hold from Sell after the co registered upside to December same-store sales but did not raise 4QFY10 EPS guidance. Given the easing comparisons for FY11, especially in the first half, the firm believes the potential for a top- or bottom-line miss, especially with Street estimates remaining somewhat muted, has materially declined; as such, while the firm believes the company's valuation continues to reward what they view as mediocre results, they see no overwhelming negative catalyst for them to retain their Sell rating.

09:40

SPY Stock indices open slightly weaker holding just below flat line despite early gain in Retail/Housing -- Dow -19, S&P -1.5, Nasdaq -3 -Update- -Technical-

Weakness has been seen in Steel, Paper, Disk Drive, Natural Gas, Internet HHH, Materials.

09:36

XHB SPDR Homebuilders breaks above Oct/Dec highs to set new four month high (16.05 +0.54) -Technical-

Its 52-wk close high from Sep is at 16.47 -- LEN +10%, MDC +4.4%, MTH +3.4%, PHM +3.8%, TOL +4.1%.

09:35

GOOG Google shares show some early relative weakness vs. NDX 100 as price ticks below yesterday's LoD and churns along the widely followed, rising 20-day EMA support level (606.50 -1.76) -Update- -Technical-

20-day EMA now around 607 with LoD in place @ 606.23.

GOOG -.35% vs. QQQQ +.15%

09:33

XRT SPDR Retail gaps up near its 52-wk close high from Oct at 36.74 (36.77 +0.27) -Technical-

Note that its 52-wk intraday high from Oct is at 37.03 -- SHLD +13.2%, NFLX +1.7%, ARO +2.3%, TGT +1.8%, JCG +1.1%.

09:31

SOL ReneSola announces termination of Dynamic Green Energy acquisition (5.77 )

Co announces that it has determined not to proceed with its acquisition of Dynamic Green Energy. ReneSola and Dynamic Green, which operates through its wholly owned subsidiary Jiawei Solarchina and other Chinese operating subsidiaries, announced a share purchase agreement on September 23, 2009 under which ReneSola agreed to acquire 100% of the shares of Dynamic Green, subject to customary closing conditions. While the acquisition and share purchase agreement were approved by both companies' boards of directors, the transaction has not been approved by local government agencies where an operating subsidiary of Jiawei is located. According to the terms of an agreement between Jiawei and the local government, the sale of shares of Dynamic Green requires relevant government approvals. As indicated in the share purchase agreement between ReneSola and Dynamic Green, the transaction could be terminated without penalty if Jiawei did not obtain the relevant government approvals by December 31, 2009. After careful consideration, ReneSola has terminated discussions regarding the acquisition.

09:26

CALI China Auto Logistics approved move to NASDAQ Global Market from NASDAQ Capital Market effective January 8 (5.20 )

09:23

EK Eastman Kodak grants license to KMG Digital LLC for Optical Media Products (4.62 )

KMG Digital announced today that Eastman Kodak Company has designated KMG as the exclusive worldwide licensee for Kodak branded optical blank media products and media accessories. Under this agreement, KMG will market Kodak branded products including recordable optical blank CDs, DVDs, Blu-ray discs and media accessories.

09:22

CCC Calgon Carbon awarded contracts valued at $34 mln cumulatively for mercury removal (14.72 )

Co announces that it has been awarded four contracts to supply FLUEPAC activated carbon to control mercury emissions. The contracts range in length from one to five years and are valued at $34.0 mln cumulatively. Three of the contracts are with U.S. electric power generators, one of which was secured through BRENNTAG Pacific, a distributor of Calgon Carbon's products and services in North America. Under terms of the agreements, Calgon Carbon will supply FLUEPAC to coal-fired power plants in the mid-atlantic, midwestern, and western regions of the U.S. All three contracts can be extended beyond their initial terms.

09:22

APD Air Products tgt raised to $100 from $94 at Credit Suisse (81.79 )

09:21

ASR Grupo Aeroportuario Del Sureste announces that total passenger traffic for Dec. 2009 dropped 4.1% y/y (57.33 )

09:15

EPD Enterprise Products prices public offering of 9.5 mln shares of common units at $32.42/unit (33.08 )

09:08

VZ Verizon: EPS ests lowered following investor conference - Oppenheimer (31.92 ) -Update-

Oppenheimer notes that at an investor conference, Verizon's CEO stated he expects 2009 EPS to come in 13-15 cents below 2008 EPS of $2.54, implying FY09 EPS will be in the $2.39-2.41 range. Accordingly, the firm is reducing their 2009 and 2010 EPS estimates to $2.40 and $2.40 from $2.44 and $2.45 (consensus $2.45 and $2.49), respectively. The firm attributes the 4Q09 weakness to the company's strong wireless net adds in the quarter and also to continued wireline weakness. The firm notes 2010 reduction is primarily due to continued wireline margin pressure.

09:07

On The Wires

Energy Focus (EFOI), announces that it has formed a strategic alliance with Woodstone Energy, a commercial and industrial energy services company that designs and implements turnkey, energy-saving solutions for a variety of Fortune 50-ranked manufacturers around the globe. The arrangement creates a path for contracts totaling $15 mln for Woodstone to utilize Stones River Companies, an Energy Focus company, as the turnkey lighting energy services provider for Woodstone's energy services projects... Beacon Power Corporation (BCON) is now able to compete on a favorable basis in the Midwest Independent System Operator frequency regulation market, thanks to the latest in a series of supportive rulings by the Federal Energy Regulatory Commission.

09:03

FST Forest Oil announces 2010 guidance (25.14 )

Co anticipates 10-12% organic net sales volume growth fourth quarter 2010 over fourth quarter 2009 increases drilling activity; 2010 capital budget of $600-700 mln expects further margin improvement through lower cash costs increases hedges to an estimated 52% of guided 2010 net sales volumes. Forest intends to focus its 2010 capital budget on growth from its unconventional resource bases, including the Greater Buffalo Wallow Area, the Haynesville Shale and the Cotton Valley Sands in East Texas / North Louisiana, and the Deep Basin in Canada. The focus of the drilling program will primarily involve horizontal drilling in these core areas that have significant growth opportunities with large project inventories. Forest entered 2010 operating 12 drilling rigs and intends to expand the fleet to 20 rigs by the end of the first quarter. This activity level should remain relatively consistent for the remainder of 2010.

09:03

TLF Tandy Leather Factory reports Dec sales (3.89 )

Co reported that sales for the month of December were $5.6 million, up 14% from December 2008 sales of $4.9 million. "Our sales goal for 2009 was to meet or exceed our 2008 sales and we did that with a 3% sales gain. The November momentum in our wholesale stores carried into December as the stores achieved a healthy December sales gain of 10%, and December was the fifth consecutive month of double-digit sales gains in the retail stores. Our UK store, with its two year anniversary coming up in February, continues its growth in the international market with another strong sales gain in December. We have done well in 2009, despite the challenges of the economic environment."

09:03

BA Boeing reports total commercial airplane program deliveries of 122 for Q4 and 481 for the year; guidance was 480-485 (59.78 )

Co recorded 481 commercial airplane deliveries in 2009, matching the company guidance of 480-485 airplanes. The Commercial Airplanes backlog remains strong at 3,375 airplanes. Boeing registered 263 gross and 142 net commercial orders for the year as air travel and freight declined and carriers worldwide experienced severe economic challenges. The Next-Generation 737 continued its reign as the industry workhorse with 372 deliveries. The airplane also topped Boeing's order book with 197 gross orders as carriers chose the 737's efficiency and versatility for future fleet needs. First flight of the 787 Dreamliner took place Dec. 15, with first delivery scheduled for fourth-quarter 2010. The 747-8 Freighter is slated for first flight early this year with first delivery planned for fourth-quarter 2010. Delivery of the 747-8 Intercontinental passenger airplane is planned for fourth-quarter 2011. "2009 was not without its challenges but it also was a year of exciting achievements for our company and our industry," said Jim Albaugh, Boeing Commercial Airplanes president and chief executive officer. "With signs of economic recovery emerging in 2010, we look forward to better days ahead." Boeing expects to provide 2010 commercial airplane delivery guidance when the company releases year-end earnings Jan. 27.

09:01

SEAC SeaChange announces agreement to acquire VividLogic (6.54 )

The co announces that it has entered into a binding agreement to acquire all of the outstanding shares of VividLogic. VividLogic is a privately-owned, California-based company that provides software and services to cable television service providers, set-top box manufacturers and consumer electronics (CE) suppliers... Under the terms of the definitive agreement, SeaChange will pay $12 million in cash upon the closing of the transaction, of which $1.2 million will be deposited in escrow with respect to specified indemnification matters. In addition, VividLogic shareholders will be entitled to the working capital on its balance sheet prior to closing, an amount estimated to be $8.6 million. Of this $8.6 million to be paid in cash, $3.9 million will be paid at closing, $1.3 million will be paid on each of May 1, 2010 and August 1, 2010 respectively and $2 million will be paid on the one year anniversary of the closing. VividLogic's estimated $8.6 million of working capital at the closing includes approximately $5.9 million in cash.

09:01

BVX Bovie Medical: Medline Industries signs three year GPO agreement with Amerinet for sale of Bovie Medical Electrosurgical generators and accessories (7.78 )

Co announces the signing of a supplier agreement between Medline Industries and Amerinet for Bovie branded electrosurgical generators and accessories. Amerinet is one of the largest group purchasing organizations in the United States with over 2,400 member hospitals. The supply agreement names Bovie Medical through Medline Industries and one other manufacturer as suppliers of electrosurgical equipment and accessories.

09:01

SUTR Sutor Technology signs four new contracts for 31,800 metric tons; total $25 mln in revenue (3.08 )

Co announces that it has signed four purchase agreements with four steel distributors located in Middle and Eastern China for 31,800 metric tons and an aggregate contract amount of approximately US$25 million based on current market prices, if fully performed.

09:00

BTIM BioTime subsidiary OncoCyte Corporation receives second $2,000,000 equity tranche; BioTime plans additional $2,250,000 investment (4.84 )

Co announces that its subsidiary OncoCyte Corporation has completed the funding of the second tranche of a private equity offering through the sale of 3,000,000 shares of OncoCyte common stock for $2,000,000 to a private investor. BioTime plans to invest an additional $2,250,000 of its own cash in OncoCyte during the first quarter of 2010. OncoCyte plans to use these funds to accelerate its research efforts and to further develop its management team, staff, and business. In order to fund its planned additional investment of $2,250,000 in OncoCyte, and to fund other new opportunities, BioTime also announced today that it plans to offer holders of its common share purchase warrants listed on the NYSE Amex the opportunity, for a limited period of time, to exercise up to 3,000,000 warrants at a price of $1.70 per share, which represents a discount of $0.30 from the regular warrant exercise price of $2.00 per share. After the expiration of the discount offer, the exercise price of the warrants will revert to $2.00 per share. The commencement and expiration dates of the warrant discount offer have not yet been determined.

09:00

ZGEN Zymogenetics prices a 14 mln share common stock offering at $6/share (6.77 )

08:49

IPCM IPC The Hospitalist affirmed with a Buy at Dougherty & Company; tgt $35 (35.16 )

Dougherty & Company affirms coverage of IPCM with a Buy and sets target price at $35 as they believe IPC's business is performing very well and that the outlook remains favorable. In particular, the firm expects the company to report strong topline growth with record low physician attrition when 4Q results are announced in early March.

08:49

SHLD Sears Hldg shares push through 100 in pre~mkt. electronic trading, now up +14% this morning (88.87 ) -Update- -Technical-

SHLD now printing 102.00

08:42

MDU MDU Resources names Doran Schwartz as CFO effective Feb. 17 (23.58 )

08:42

SAP SAP AG upgraded to Neutral at Broadpoint AmTech Research; tgt raised to $50 (47.91 )

Broadpoint AmTech Research upgrades SAP to Neutral from Sell and raises their tgt to $50 from $40 based on their checks which indicate that SAP enjoyed a strong finish to the quarter and that its FY10 sales pipeline has improved meaningfully since the end of last quarter. With investor sentiment remaining negative on the stock, the firm believes that a solid F4Q and largely in-line FY10 earnings/margin guidance should serve as a catalyst to the stock in the near-term. However, the firm notes that they remain wary as its current product portfolio lacks any new killer app or new solution that can monetize its large install base.

08:38

On The Wires

Foster Wheeler (FWLT) announces that a subsidiary of its Global Power Group has been awarded a contract to design, supply and erect a heat recovery steam generator by the Spanish company, REPSOL PETROLEO S.A. The HRSG and auxiliary equipment will be integrated in a cogeneration plant being built at the REPSOL Cartagena Refinery in Murcia, Spain. Foster Wheeler will also provide start-up supervision services... Ebix (EBIX) announces that its Ebix CRM Division has completed the external periodic audit for ISO 27001 certification successfully... BMC Software (BMC) announces it has acquired privately held Phurnace Software, a developer of automation software that reduces the cost, complexity and risk to deploy and configure Java-based applications on physical, virtual and cloud environments... Rovi Corp (ROVI) announces that it has strengthened its next generation media guide solution for the European market with the inclusion of Internet-based content from 15 individual content providers across Germany, France and the United Kingdom... Halifax Corporation of Virginia (HALX.PK) announces that it had entered into a definitive agreement with Global Iron Holdings, an affiliate of Global Equity Capital, to merge with a subsidiary of Global Iron. As result of the transaction, the stockholders of Halifax would receive $1.20 in cash per share of common stock... Answers.com (ANSW) announces that it is connecting its global community with social sites Facebook, Twitter and Yahoo!.

08:38

ATCO American Technology will report record fiscal Q1 revenues of over $5.0 million (1.41 )

Co will report record fiscal Q1 revenues of over $5.0 million. With continuing LRAD sales growth, co expects to report a fourth consecutive year of record LRAD revenues and a third consecutive year of record revenues for the fiscal year ending September 30, 2010. "We're off to a solid start in fiscal 2010, building on our record fiscal year 2009 results through growing orders from the U.S. Army... We're also seeing increasing interest in our expanded line of proprietary LRAD systems for military, maritime security, law enforcement, and wildlife preservation and control applications.... With piracy and terrorist activity continuing to escalate in 2010, LRAD is positioned as an essential element of a layered defense strategy for domestic and international military, law enforcement and maritime security forces."

08:35

LBIX Leading Brands reports Q3 net income of $66K, $0.00 per share, compared to a loss of $536K or $0.03 per share in prior year; revenues fell 34.9% y/y to $4.67 mln; single analyst estimates were $0.01 and $5.25 mln, respectively (0.57 )

08:34

DUCK Duckwall-ALCO Stores reports December comparable sales of -2.3% (no estimates) (14.77 )

08:34

TXI Texas Industries beats by $0.01, misses on revs (37.14 )

Reports Q2 (Nov) loss of $0.13 per share, $0.01 better than the First Call consensus of ($0.14). "We were able to maintain our gross profit margin compared to last year despite sales being down 36%... Abnormally inclement weather in our Texas market and the continuing impact of the recession led to cement, aggregate and ready-mix concrete volumes being down 32%, 43% and 35%, respectively... The ability to maintain our gross profit margin reflects our continued successful focus on cost management. I believe our operational focus of managing costs and generating cash along with our strong liquidity position have us well positioned to take advantage of the recovery that is expected to begin sometime during 2010."

08:31

GME Gamestop lowers Q4 guidance; sees Q4 EPS Of $1.25-1.29 vs $1.57 First Call consensus (24.03 )

Co lowers guidance, sees Q4 EPS of $1.25-$1.29 vs. $1.57 First Call consensus. Comparable store sales in the quarter are now expected to range from -8.5% to -9.5%. Co also reported sales results for the nine-week holiday period ending January 2, 2010. Total sales for the period were $2.86 bln, flat from prior year sales. New video game software sales increased 4% in the holiday period. The top five video games sold during the holiday period were Call of Duty: Modern Warfare 2 from Activision, Ubisoft's Assassin's Creed II, Nintendo's New Super Mario Bros. Wii, Left 4 Dead 2 and Dragon Age: Origins from Electronic Arts. Hardware sales declined 8% due to recent console price cuts and a decline in unit sales on a year-over-year basis. Co states, "Although we are still in the planning stages for our fiscal year 2010, we expect that strong PlayStation 3 demand, an exciting title line-up, combined with anticipated economic recovery, will all be factors that should drive software growth and therefore GameStop earnings in 2010."

08:31

RDEA Ardea Biosciences reports positive results for RDEA594, its lead product candidate for Gout, in combination with Allopurinol or Febuxostat (13.96 )

Co announces additional positive results from a recently completed Phase 2a study of RDEA594, its lead product candidate for the treatment of hyperuricemia and gout, as well as additional positive results from the second panel of a Phase 1 drug-drug interaction and pharmacodynamic study of RDEA594 in combination with febuxostat and allopurinol. The co notes that the combination of RDEA594 and allopurinol reduced serum urate levels an additional 24% compared to allopurinol alone in the second cohort of a Phase 2a proof-of-concept study evaluating the sUA lowering effect, safety and tolerability of combining RDEA594 and allopurinol in gout patients with hyperuricemia. In the second panel of a drug-drug interaction and pharmacodynamic study of RDEA594 with febuxostat in healthy volunteers, 400 mg of RDEA594 QD and 40 mg of febuxostat QD reduced mean sUA levels by 49 and 45%, respectively, when used alone. The combination of RDEA594 with febuxostat resulted in approximately a 70% mean reduction in sUA levels compared to baseline, with intraday reductions of over 80 percent, reaching mean sUA levels of 1.2 mg/dL.

08:31

BKS Barnes & Noble reports 9-week Holiday sales of $1.1 bln, down 5% y/y; reduces Q3 EPS guidance (19.19 )

Barnes & Noble store sales were $1.1 billion, a 5% decrease over the same period a year ago, with comparable store sales decreasing 5.4%. Barnes & Noble.com sales increased 17% for the holiday selling season and totaled $134 million. Barnes & Noble.com sales include nook revenues recognized since the product began shipping after Thanksgiving. "Orders for nook remained strong throughout the holiday season, and, in fact, accelerated after we announced that we had sold out our initial supply. Demand remains strong in the New Year and greater than our supply, however, we expect production to catch-up with demand and be fully stocked in our stores in the next few months." Based on lower than expected holiday sales, the company is reducing its third quarter earnings guidance to be in a range of $1.20 to $1.40 per share. The company's previous third quarter earnings guidance was in a range of $1.30 to $1.50 per share, First Call consensus is $1.40.

08:31

PAAS Pan Am Silver reports 'exceptional' exploration results at its La Colorada mine (25.33 )

Co provides an update on its continuing underground exploration drilling program at the La Colorada mine, located in the State of Zacatecas, Mexico. In 2009, exploration at La Colorada discovered a major vertical extension of the NC2 vein, which is a primary source of sulphide ore production at the mine. Diamond drilling has confirmed that the high grade NC2 vein which has a known strike length of 770 meters, continues at least 200 meters below the current mining areas. In addition, drilling also discovered the NC3 vein and several high grade mantos. The newly discovered extension of NC2 has an average true width of 4.5 meters with a minimum of 0.90 meters and a maximum of 12.75 meters. Silver grades average over 600 g/t with the highest grade intersect yielding more than 2,000 g/t Ag over 6.65 meters (Drill hole U-87-09). Although narrower, silver grades in the newly discovered mantos and the NC3 structure were even higher at 3,900 g/t Ag and 4,500 g/t Ag, respectively.

08:31

SPY E~mini index futures see muted reaction thus far to weekly claims data, still posting minor losses in GLOBEX trading -Technical-

ES -3.00

NQ -3.75

YM -29

08:30

SHLD Sears Hldg Correction (88.87 )

In our 6:20 comment we incorrectly reported SHLD's Dec SSS were -5.2%. Dec SSS for SHLD were +0.4% our previous comment has been changed.

08:29

BONDX Offered -07/32 3.849%...euro 1.4315...yen 93.2350

The market is offered with the shorter end playing catch-up into the day's jobless report. Global bonds are mixed, but generally bid with the bund slipping as regional confidence bounced higher. The day's data should have minor influence as trade is all about the Friday employment report and the market will do jerk in knee jerk fashion in the meantime. The 10-yr is reaching for the 3.855% point . The BOE left rates unchanged as expected with the pound doing little in response. The curve has been on a slightly flatter slant with the 2-10-yr yield spread running 281.5. The dollar is running better with the index hitting over 78.00 and the euro back off to 1.4300 while the yen slides to offer 93.40. Data has initial jobless claims and continuing claims, expected to fall further (8:30). Fed-speak has Boston's Rosengren (10), KC's Hoenig (13), and Richmond's Lacker late (13:35).

08:28

ESV Ensco initiated with a Hold at C.K. Cooper; tgt $48 (43.99 )

C.K. Cooper initiates ESV with a Hold and price target of $48. The firm notes that ENSCO has substantially upgraded and modified its existing fleet of jackups over the last few years and is now expanding its deepwater presence. The firm also notes that ENSCO has had a multi-year strategy to expand its deepwater fleet while maintaining its long history of providing premium jackup services to its clients. Execution of stated objectives has been one of the company's attributes and should serve the company and investors well as ENSCO moves further into the deepwater arena.

08:25

COMDX Nautral gas has rallied off its overnight lows, at $5.934, over the past ~45 min to trade to its best levels of the morning at $6.108; now up 9.1 cents to $6.10

Note that inventory data will be released at 10:30am ET today.

08:13

On The Wires

SRS Labs (SRSL) announces that it will support Visteon Corporation, a key designer and supplier of in-car entertainment systems to the world's leading car manufacturers, in initiating advanced development to provide automotive manufacturers with additional SRS audio solution upgrade options including SRS TruVolume, WOW HD, TruSurround HD and CircleSurround Automotive... E*TRADE FINANCIAL Corp (ETFC) announces that E*TRADE Securities LLC has launched CNBC Plus on its newly redesigned premier desktop trading software for active traders, Power E*TRADE Pro... BMC Software (BMC) announces that it has acquired privately held Phurnace Software, a developer of automation software that reduces the cost, complexity and risk to deploy and configure Java-based applications on physical, virtual and cloud environments... Tianyin Pharmaceutical (TPI) announces that 23 of its medicine compounds will be included in the 2009 Edition of the National Basic Medical Insurance, Industrial Injury Insurance and Maternity Insurance Medicine Directory... Silicon Image (SIMG) announces that it has shipped over 20 million InstaPort-enabled port processors into digital television models from leading manufacturers including Samsung, Sharp and Toshiba... Tech Pharmacal (HITK) received clearance from the FDA to market Tropazone lotion, a prescription dermatological product which will be promoted by Hi-Tech's branded marketing subsidiary, ECR Pharmaceuticals... Ares Capital Corporation (ARCC) announces that it closed three new lead or co-lead financing transactions prior to the end of 2009. The financings totaled approximately $214 million and Ares Capital's investments totaled approximately $93 million... VeriFone Holdings (PAY) announces a licensing agreement for deployment of its taxi payment and media solutions in South Africa. The agreement with iMobilise Transportation Systems will modernize taxis in time for the World Cup in June.

08:12

ECONX Reminder: Initial Claims and Continuing Claims data due out in about 18 min at 8:30ET

08:06

ARTX Arotech's IES Interactive Training awarded over $3 million in new contracts from federal agencies for its use-of-force simulation products (1.90 )

Co announces that its Training and Simulation Division's IES Interactive Training unit received over $3M in new federal contract awards in the final quarter of the U.S. Government's 2009 fiscal year.

08:05

MR Mindray Medical exceeds 2009 product development targets and announces strong 2010 pipeline (35.98 )

Co announced updates on new product launches for 2009 and its product pipeline for domestic and international markets in 2010. In 2009 the Company released a total of ten products, exceeding new product development goals outlined at the beginning of the year and increasing its total number of products on the market to over 70. To further expand the addressable markets, the Company expects to launch between seven and ten new products in 2010 with an emphasis on higher end market opportunities.

08:05

PDII PDI Inc announces business win with expected annual revenue of $33 mln (4.78 )

Co announces the extension of its contract sales engagement with a Top 5 pharmaceutical company. The original contract began in May 2007 and this is the second consecutive year that the engagement has been extended. Expected revenue over the next 12 months will be approximately $33 mln.

08:05

PARD Poniard Pharma Announces 2010 Goals for Picoplatin; says focus is to secure partnership to continue development (1.86 )

Co announces that their focus in 2010 is to secure a strategic partnership to continue the development of picoplatin as a preferred platinum agent in the treatment of solid tumor malignancies. They believe that current data from approximately 1,100 patients treated with picoplatin, including data from Phase 2 trials of picoplatin in colorectal, prostate and ovarian cancers, indicate that picoplatin would be a valuable addition to potential partners with marketed and development stage oncology products. Throughout the first half of this year, the co plans to a have discussions with the U.S. Food and Drug Administration regarding a regulatory path forward for picoplatin in small cell lung cancer. They also expect to submit efficacy and safety data from the Phase 3 SPEAR trial for potential presentation at the American Society of Clinical Oncology 2010 Annual Meeting in June.

08:04

BJ BJ's Wholesale reports December comparable store sales of +4.8% vs +4.7% Briefing.com consensus (33.47 )

Co announces that on a comparable club basis, sales increased by 4.8% for the month of December, including a positive impact from sales of gasoline of 2.1%. Excluding gasoline sales, merchandise comparable club sales increased by 2.7% in December. A severe snow storm affecting more than half the chain during weeks three and four had a negative impact on merchandise comparable club sales of approximately 2% to 2.5%. The co also reports that total sales for December 2009 increased by 9.4% to $1.16 bln, from $1.06 bln in December 2008.

08:04

TLVT Telvent: Gas Natural Mexico selects Telvent to modernize 15,000 km gas distribution network into state-of-the-art secure system (39.08 )

The co announces a new contract with Gas Natural Mexico S.A. de C.V., to deliver a turnkey technology solution to control its extensive natural gas distribution network. Gas Natural will increase the efficiency and security of its 15,229 kilometres of gas network, ensuring supply to 1,250,000 residential and industrial customers in 38 municipalities of the country. Accurate, real-time field information will be integrated into Gas Natural's enterprise information systems to optimize processes such as billing and inventory management.

08:03

KBR KBR Inc. sees FY10 EPS of $1.60-1.80 vs $1.67 First Call consensus (20.00 )

Co guides FY10 EPS in-line; sees FY10 EPS of $1.60-1.80 vs $1.67 First Call consensus. Included in these estimates is an approximately 50 percent revenue decline from KBR's LogCAP project in 2010 from the full year 2009 levels. The estimated LogCAP revenue decline is based on recent reports from the U.S. Government indicating a withdrawal of troops from current levels of approximately 120,000 down to an approximate sustainment level of between 35,000 and 50,000 by the end of summer 2010, as well as KBR's assumptions regarding the ongoing transition from LogCAP III to LogCAP IV in Iraq. However, KBR's LogCAP revenue decline assumptions for 2010 are subject to change in both timing and scope depending on conditions on the ground and direction from its government customer.

08:02

API Advanced Photonix wins terahertz contract to develop F-35 QC System (0.67 )

The co announces that its subsidiary, Picometrix, has entered into a Phase II SBIR contract from the Air Force to develop a prototype terahertz quality control system. The system will be based on the patented fiber-coupled T-Ray 4000 instrument, and utilized to ensure the proper fit of the coated exterior surfaces of the Lockheed Martin F-35 Lightning II fighter jet, which has been developed under the U.S. Department of Defense's Joint Strike Fighter (JSF) Program. This contract is a continuance of the successful Phase I SBIR feasibility work completed in 2009. The 24 month Phase II contract is valued at $3 million, with an option for an additional $1.5 million, exercisable at the Air Force's discretion. If successful, the Phase II dedicated T-Ray 4000 prototype system would lead to deployment of multiple production systems in Phase III.

08:01

OSIS OSI Systems awarded 10-year contract for cargo turn-key scanning solution by Puerto Rico Ports Authority (28.45 )

Co announces that it has been awarded, through its Rapiscan division, a 10-year contract from the Puerto Rico Ports Authority to provide a complete turn-key solution resulting in the scanning of all containerized inbound cargo at the Port of San Juan. Under the terms of the contract, which includes two renewal options for an additional five years each, Rapiscan will provide cargo scanning services using multiple Rapiscan Eagle high-energy X-ray systems at various locations at the Port of San Juan.

08:01

ONT On2 Technologies and Google agree to amend merger agreement (0.59 )

On2 Technologies (ONT) and Google (GOOG) announce that they have agreed to amend the merger agreement under which Google will acquire On2. Under the revised terms, each outstanding share of On2 common stock will receive 0.0010 of a share of Google Class A Common Stock for each share of On2 common stock, as previously announced by On2 and Google, plus an additional $0.15 per share in cash consideration. The revisions to the terms of the merger agreement serve, in part, to address the fact that, since the acquisition was first announced in August 2009, the market value of Google's Class A Common Stock has increased significantly while the value of the acquisition has remained fixed for On2's stockholders. By increasing the consideration offered to On2's stockholders by an additional $0.15 per share in cash, On2's stockholders will receive additional value for their On2 common stock that Google and On2 believe better reflects the value that On2's stockholders would have received had the acquisition closed closer to the time of its announcement in August 2009. This increase in the consideration that Google is offering to On2's stockholders constitutes Google's final offer.

08:01

LORL Loral enters into agreement with Barrett Xplore to provide new high throughput satellite capacity in Canada in 2011 (33.80 )

The co announces that it has entered into an agreement with Barrett Xplore, Canada's largest rural broadband provider, to deliver high throughput satellite Ka-band capacity for broadband services in Canada. Under the agreement, Loral will lease up to 100% of the capacity that it owns on the ViaSat-1 satellite to Barrett Xplore for the expected life of the satellite. ViaSat-1 is currently under construction at Space Systems/Loral and is scheduled for launch in early 2011.

07:57

JNS Janus Capital appoints Richard Weil as CEO, effective Feb 1, 2010 (14.33 )

07:35

SWC Stillwater Mining commented on the impressive 2009 recovery in platinum group metal (PGM) prices (12.03 )

Co commented on the impressive 2009 recovery in platinum group metal (PGM) prices following the collapse in those prices in the fourth quarter of 2008 during the economic meltdown. PGM (palladium, platinum and rhodium) prices have moved strongly ahead in recent days, continuing a steady recovery that began in early 2009. Palladium, which just over a year ago had fallen 72% from its 2008 high of $582 per ounce to a 2008 fourth quarter low of $164 per ounce, today was quoted in London at $422 per ounce, up 157% from the 2008 low. Platinum, which fell 66% from its record high of $2,273 per ounce in early 2008 to a low of $763 per ounce a few months later, today has recovered by 104% to $1,556 per ounce. Rhodium, which fell 90% from its 2008 peak of $10,100 per ounce to bottom out at $1,000 per ounce, today was quoted at $2,750 per ounce, up 170%.

07:34

SMRT Stein Mart reports December comparable store sales of -2.0% vs -4.5% Briefing.com consensus (10.66 )

07:34

STZ Constellation Brands beats by $0.02, beats on revs; reaffirms FY10 EPS guidance (16.13 )

Reports Q3 (Nov) earnings of $0.54 per share, $0.02 better than the First Call consensus of $0.52; revenues fell 4.2% year/year to $987.7 mln vs the $905.3 mln consensus. Co reaffirms guidance for FY10, sees EPS of $1.60-1.70 vs. $1.66 consensus. "During the quarter, we continued to execute well against our strategic goals of generating cash, paying down debt and reducing costs... U.S. branded wine net sales were impacted by continuing economic challenges, higher levels of promotional spending in advance of the holiday selling season, and the expected shift of sales to the second quarter from the third quarter as part of our U.S. distributor network consolidation activities. But, we began to see improving depletion trends later in the quarter... Our debt level has decreased $336 million since the beginning of fiscal 2010 and we are estimating full-year free cash flow to be at the upper-end of our guidance range," said Bob Ryder, chief financial officer, Constellation Brands... We anticipate that proceeds from the pending sale of the U.K. cider business combined with targeted free cash flow generation during the fourth quarter will further advance our deleveraging efforts."

07:34

MXB MSCI Inc. reports Q4 EPS of $0.24 vs $0.29 consensus, revs rose 10.6% to $118.8 mln vs $113.02 mln consensus (31.23 )

Co says "As our fiscal year came to a close, we continued to see stabilization in our subscription business. In the fourth quarter, new subscription sales continued to recover, albeit at a modest pace, and our retention rate increased sequentially. The sequential improvement in the retention rate is particularly encouraging as it was a break from the typical seasonal pattern in which the fourth quarter retention rate is down from the third quarter. Looking at 2010, we are cautiously optimistic about the unfolding recovery in our end markets and, as such, we will be making additional investments in our business in order to launch new products and position ourselves to better serve our clients. We expect this investment spending will accelerate our revenue growth over the medium and longer term," added Mr. Fernandez.

07:32

MSM MSC Industrial beats by $0.01, reports revs in-line; guides Q2 EPS below consensus, revs below consensus (49.39 )

Reports Q1 (Nov) earnings of $0.50 per share, $0.01 better than the First Call consensus of $0.49; revenues fell 11.1% year/year to $384.8 mln vs the $384.3 mln consensus. Co issues downside guidance for Q2, sees EPS of $0.43-0.47 vs. $0.49 consensus; sees Q2 revs of $384-396 mln vs. $380.89 mln consensus.

07:32

NGD New Gold announces exercise of El Morro Right of first refusal and partnership with Goldcorp (3.90 )

Co provided notice to Xstrata Copper Chile, a wholly owned subsidiary of Xstrata, of the exercise of its right of first refusal to acquire 70% of the El Morro copper-gold project in Chile for $463 million. New Gold, as Xstrata's current 30% joint venture partner in El Morro, holds the right of first refusal which came into effect on October 12, 2009 when Barrick Gold (ABX) announced that it had entered into an agreement with Xstrata to acquire 70% of El Morro. Goldcorp Inc. (GG) will loan the $463 million to New Gold to fund the exercise of the right of first refusal. After acquisition of the 70% interest by a New Gold subsidiary, New Gold will sell that subsidiary to Goldcorp. Concurrent with the sale of the New Gold subsidiary to Goldcorp, Goldcorp will make a $50 million payment to New Gold and the parties will amend the terms of the existing El Morro Shareholders Agreement to further increase the value of New Gold's 30% interest in the El Morro project.

07:31

MDT Medtronic: GI Dynamics receives strategic investment from Medtronic (45.33 )

GI Dynamics, a co in non-surgical treatments for type 2 diabetes and obesity, announces that it has received a strategic investment from Medtronic. Proceeds from this financing will be used to advance the clinical development and European commercialization of GI Dynamics' EndoBarrier Gastrointestinal Liner for the treatment of metabolic disorders. The EndoBarrier has achieved CE mark status for the treatment of type 2 diabetes and obesity.

07:30

GG Goldcorp announces agreement with New Gold Inc. to aqcuire Xstrata's 70% Interest in the El Morro Project (41.96 )

Co announced the execution of a binding agreement with New Gold, whereby New Gold will exercise its right of first refusal and acquire the 70% interest in the El Morro project held by Xstrata Copper Chile, a wholly owned subsidiary of Xstrata Plc. Goldcorp will advance $463 million to New Gold to fund the exercise of the right of first refusal by a New Gold subsidiary. Following the acquisition of the 70% interest by the New Gold subsidiary, Goldcorp will acquire that subsidiary from New Gold. Goldcorp will pay New Gold $50,000,000 in cash upon closing of the subsidiary acquisition, and has agreed to amend certain terms of the El Morro Shareholders Agreement, including with respect to New Gold's capital funding obligations.

07:29

CMP Compass Minerals Intl downgraded to Hold at KeyBanc Capital Mkts (72.61 )

KeyBanc Capital Mkts downgrades CMP to Hold from Buy based upon CMP achieving the firm's tgt and considering some lingering concern on the sustainability of potash pricing. The firm continues to believe that favorable long-term fundamentals remain intact; however, following a strong run in the stock the firm no longer finds valuation levels to be as compelling.

07:25

On The Wires

U.S. District Judge J. Frederick Motz of Maryland granted Wells Fargo & Co.'s (WFC) motion to dismiss the lawsuit that the City of Baltimore initiated against Wells Fargo in 2008 alleging that Wells Fargo's lending practices led to foreclosures that harmed the city... DIRECTV (DTV) and RealD are currently working together to deliver high-definition 3D movies and TV programming via satellite to DIRECTV subscribers... White Electronic Designs Corporation (WEDC) announced that it has been awarded multiple contracts worth approximately $6.8 million for the manufacture of products used in Global Positioning System platforms... Odyssey HealthCare (ODSY) announced that it has acquired Westchester, Illinois-based Generations Healthcare, expanding the Company's presence in the Chicago metropolitan area. The transaction, which was completed on December 31, 2009, is not expected to have a material impact on 2010 earnings.

07:14

PIR Pier 1 Imports reports December same store sales of +8.6% vs. -10.2% a year ago (5.48 )

The co reports that sales for the five-week period ended January 2, 2010 aggregated $218 million, an increase of 5.6% from $207 million for the five-week period ended January 3, 2009. For the fiscal month, comparable store sales increased 8.6% versus a reported decline of 10.2% for the same period last year. For the nine-week holiday selling period of November 1, 2009 through January 2, 2010, comparable store sales increased 12.2% over the same period last year. Alex Smith, the Company's President and Chief Executive Officer, said, "We are delighted with our December sales results which were better than we had originally anticipated. Comparable store sales were very healthy through the first four weeks of the month generating double digit increases. Throughout the entire month, traffic, average ticket, and average unit retail all increased over last year. As we anticipated and previously indicated, comparable store sales following the Christmas holiday softened slightly as our strong pre-Christmas sell-through left us with less holiday clearance merchandise than last year. We are especially pleased with our merchandise margin results..."

07:08

BEBE bebe stores reports comparable store sales for the fiscal quarter ended Jan 2010 decreased 22.5% vs a decrease of 20.1% in the prior year (6.54 )

Co reported retail sales of $135.5 mln for the fiscal quarter ended January 2, 2010, a decrease of 23.1% compared to sales of $176.3 mln for the fiscal quarter ended January 3, 2009. Comparable store sales for the fiscal quarter ended January 2, 2010 decreased 22.5% compared to a decrease of 20.1% in the prior year. Beginning in November fiscal 2010 comparable store sales exclude the 62 PH8 stores due to the conversion of BEBE SPORT stores to PH8 stores. Retail sales for the year-to-date period ended January 2, 2010 were $255.7 mln compared to $333.6 mln for the year-to-date period ended January 3, 2009 a decrease of 23.4%. Comparable store sales for the year-to-date period ending January 2, 2010 decreased 24.1% compared to a decrease of 16.0% for the year-to-date period ending January 3, 2009. As of January 2, 2010, average finished goods inventory per square foot was approximately 15.7% lower as compared to the prior year.

07:07

BKRS Bakers Footwear reports December same store sales +9.9% vs 3.4% for December 2008; expects FY09 net income in the range of $6 to $7 mln (0.74 )

Co announces that comparable store sales for December 2009 increased 9.9%, compared to an increase of 3.4% for December 2008, the five-week period ended January 3, 2009. Moreover for December, the five-week period ended January 2, 2010, net sales increased to $30.0 million, compared to $27.4 million in the same period last year. As a result of their quarter-to-date performance, the co currently expects to report fourth quarter net income in the range of $6.0 mln to $7.0 mln, dramatically ahead of fourth quarter 2008 net income of $0.5 million.

07:05

VVUS Vivus announces positive results from Phase 2 study of Qnexa in Obstructive Sleep Apnea (9.23 )

Co announces positive results from a phase 2 study evaluating the safety and efficacy of Qnexa, an investigational drug, for the treatment of obstructive sleep apnea. VIVUS recently completed phase 3 development of Qnexa for the treatment of obesity and submitted a New Drug Application to the FDA for that indication. The study announced today demonstrated statistically significant improvement in the apnea/hypopnea index in patients with OSA treated with Qnexa for 28 weeks. Qnexa-treated patients also experienced significant weight loss, improvements in blood pressure, and overnight blood oxygen levels.

07:04

HRC Hill-Rom appoints John Greisch as President and Chief Executive Officer (24.39 )

Co announces that John Greisch has been appointed President and Chief Executive Officer of the company, effective January 8, 2010. He succeeds Peter H. Soderberg, who previously announced his intention to retire. Greisch also has been appointed to the company's Board of Directors.

07:04

PNR Pentair approved an increase in the quarterly cash dividend of $0.01/share; new annual cash dividend rate is $0.76/share (32.85 )

07:03

BRKR Bruker Corp. announces over 100 systems orders received in the second half of 2009 from global stimulus programs (13.07 )

Co announces that during 2H09, it has already received over 100 additional systems orders from various global stimulus funding budgets. This number excludes 51 mass spectrometers delivered to Japan's National Police Agency in 1H09 under a previous supplementary budget. All five Bruker operating divisions have received stimulus orders, with most orders for high-end instrumentation, especially for NMR, pre-clinical MRI, mass spectrometry and X-ray systems. Bruker estimates that average selling prices of these stimulus orders were greater than $500,000 per system, with a cumulative amount of stimulus orders already received in the second half of 2009 greater than $70 mln. These orders are expected to result in revenues primarily in the year 2010, and into the first half of 2011. The company expects to receive additional orders from various global stimulus programs, including U.S. ARRA funding, in 2010.

07:02

CHKE Cherokee Enters into License Agreement with JEM Sportswear for its Sideout Brand (18.42 )

Co announces that it has entered into an exclusive agreement in the U.S. with JEM Sportswear for Junior's knit tops for its Sideout brand. JEM Sportswear, with over 38 years of experience, is a powerful force in the industry and is known for its commitment to product design, quality and speed to market.

07:01

ULTA Ulta Salon raises Q4 outlook (19.24 )

Co raises guidance for Q4 (Jan), sees EPS of $0.28-0.30 up from $0.22-0.26 vs. $0.26 First Call consensus; sees Q4 (Jan) revs of $388-392 mln up from $362-376 mln vs. $374.78 mln consensus. The co also announced sales results for the seven-week holiday period from November 15, 2009 to January 2, 2010. This time period corresponds with the Company's holiday marketing initiatives and represents the seven full weeks beginning the week before Thanksgiving through the end of the week following Christmas. Total net sales for the seven-week holiday period were $262.2 million, an 18.2% increase from the prior year holiday period of $221.9 million. Comparable store sales for the holiday period increased 7.9%, as compared to a 5.8% decrease during the same period in the prior year, resulting in a two year comparable store sales increase of 2.1%.

07:01

XTEX Crosstex Energy agrees to issue $125 million of convertible preferred units (9.40 )

07:00

ZLC Zale Nov and Dec comps decreased 12.0% (2.69 )

Co reported that comparable store sales decreased 12.0% for the combined months of November and December 2009, encompassing the entire holiday selling period. Total revenues for the two-month period were $494 million compared to $582 million last year, a decrease of 15.1%. Within this two-month period, November same store sales declined 18.6% and December same store sales declined 9.2%. During the holiday selling period, the Company maintained pricing and promotional discipline which favorably impacted gross margin performance and appreciably mitigated the impact of reduced sales on aggregate margin dollars.

06:37

VICL Mechanism of action for Vical's Vaxfectin adjuvant expands potential applications (3.28 )

Co announces that systematic in vivo testing of the Vaxfectin adjuvant shows that it increased antibody and T-cell responses primarily by stimulating the immune system rather than simply increasing vaccine uptake. Results were published in the journal Vaccine.

06:36

AFCB Athens Bancshares prices 2.68 mln share IPO at $10.00 per share

06:31

MKTX Marketaxess announces total monthly trading volume for Dec 2009 of $28.0 bln, consisting of $18.0 bln in U.S. high-grade volume, $4.1 bln in eurobond volume, and $5.9 bln in other volume (14.02 )

06:28

WTI W&T Offshore provides updates on 2009 drilling activity, 2009 production guidance and 2010 capital expenditures (12.58 )

For FY09, co has made discoveries and successfully completed seven of nine exploration wells, for a success rate of 78%, which included a 100% success rate on the conventional shelf. Additionally, WTI successfully drilled and completed two of three development wells, all of which were on the conventional shelf. For the 13 wells drilled in 2009, the co achieved a success rate of 75%. 2010 Capital Expenditure Guidance: Total capital expenditure budget for 2010 is expected to be approx $450 mln. Currently, the budget includes seven conventional shelf exploration wells. It also includes other capital items such as well recompletions, facilities capital, seismic and leasehold items. At this time, co anticipates these capital expenditures to cost approx $150 mln. The balance of the $450 mln budget will be allocated to acquisitions, additional drilling opportunities from the co's prospect inventory and/or new joint ventures offshore on the shelf and deepwater and onshore. Production: Co expects to meet 4Q09 production guidance for 2009 of between 21.9 Bcfe and 26.8 Bcfe and FY09 production guidance of between 93.8 Bcfe and 98.7 Bcfe. At year-end, production rate was approx 232 MMcfe per day.

06:25

S&P futures vs fair value: -4.10. Nasdaq futures vs fair value: -4.00.

06:25

Asian Markets

Nikkei...10681.66...-49.80...-0.50%. Hang Seng...22269.45...-147.20...-0.70%.

06:25

European Markets

FTSE...5509.72...-20.30...-0.40%. DAX...5980.12...-54.20...-0.90%.

06:20

SHLD Sears Hldg reports Dec Same Store Sales of +0.4% (88.87 )

Co announces Kmart's December comparable store sales benefited from increases in the toys, home and apparel categories, as well as the impact of assuming the operations of its footwear business from a third party effective January 2009. Sears Domestic's December comparable store sales reflect reduced sales of higher ticket hardline items, partially offset by increases in the tools and automotive categories. We currently expect net income attributable to Holdings' shareholders for the quarter ending January 30, 2010 will be between $385 mln and $465 mln, or between $3.36 and $4.06 per diluted share not comparable to $2.65 consensus. Our expectation of fourth quarter net income attributable to Holdings' shareholders and earnings per share attributable to Holdings' shareholders excludes the potential impact, if any, related to store closings and impairment charges, restructuring activities including severance, and mark-to-market gains and losses on hedge transactions executed by Sears Canada. We expect the fourth quarter effective tax rate to be approx 32%, due to the favorable resolution of certain federal and state income tax matters. During December 2009, the co repaid all borrowings under their revolving credit facility as working capital needs declined as expected. Short-term borrowings (consisting of commercial paper and borrowings under our revolving credit facility) are projected to be approximately $200 mln at January 30, 2010, down from last year's balance of $442 mln. Further, letters of credit issued are expected to be $684 mln at January 30, 2010, down from $968 mln last year. Accordingly, they expect to have approx $3.2 bln of availability on the credit facility at year end.

06:19

URBN Urban Outfitters reports holiday sales (35.28 )

Co announces sales for the two months ended December 31, 2009. Total co sales for the two months increased to $452 mln or 16% over the same period last year. Total co comparable retail segment sales, which include direct-to-consumer channels, increased 9%. Comp store sales increased 10% at Anthropologie, 8% at Free People and 1% at Urban Outfitters. Total co comp store sales grew 5%. Direct-to-consumer sales rose 28% for the period with all three brands posting double digit growth. Wholesale segment sales increased 9%. For the 11-month period ended December 31, 2009, total sales increased 5% to $1.8 bln with comp retail segment sales up 1% and comp store sales down 3%. Direct-to-consumer sales rose 18% for the period and wholesale segment net sales decreased 4% for the period.

06:14

OSUR OraSure Tech files additional data with FDA in support of PMA application for OraQuick rapid HCV test (4.94 )

Co announces the recent filing of a pre-market approval amendment with the FDA for the co's OraQuick Rapid HCV Antibody Test. The amendment contains additional clinical data requested by the FDA for use of the test in detecting antibodies to the Hepatitis C Virus in venous whole blood samples.

06:14

LEN Lennar beats by $0.67, includes allowances/charges; beats on revs (13.70 )

Reports Q4 (Nov) earnings of $0.19 per share, includes $1.34 EPS related to the reduction of the deferred tax asset valuation allowance primarily due to a NOL carryback, offset by a $0.58 per share charge related to valuation adjustments and other write-offs and a $0.31 per share charge related to valuation adjustments to land the co intends to sell or has sold to third parties, $0.67 better than the First Call consensus of ($0.48); revenues fell 28.5% year/year to $913.7 mln vs the $862.7 mln consensus. Gross margin on home sales was 17.8% (excluding valuation adjustments of $55.5 mln). GM improved 80 basis points from 4Q08. GM improved 220 basis points from 3Q09. Gross margin on home sales was 11.1% (including valuation adjustments). GM decreased 50 basis points from 4Q08. GM improved 330 basis points from 3Q09.

06:13

DEST Destination Maternity reports sales for Dec 2009 and expects Q1 earnings to exceed prior earnings guidance (18.10 )

Co reported sales for the month of December 2009 and announced that it expects its Q1 earnings to exceed the top end of its prior earnings guidance range and to significantly exceed last year's first quarter earnings. Net sales for the month of December 2009 increased 2.4% to $46.7 mln from $45.6 mln reported for the month of December 2008. Comparable store sales for the month of December 2009 decreased 1.2% on a reported basis, and decreased approx 1.7% after adjusting for the "days adjustment calendar timing shift." The increase in total reported sales for December 2009 compared to December 2008 resulted primarily from increased sales from the Company's leased department relationships, including sales due to the re-launch of the exclusive Two Hearts? Maternity collection in Sears? and Kmart? stores in October 2009, and increased Internet sales, partially offset by the decrease in comparable store sales. Net sales for the first quarter of fiscal 2010 decreased 0.8% to $133.8 mln from $134.8 mln reported for the first quarter of fiscal 2009. Comparable store sales for the first quarter of fiscal 2010 decreased 5.9% versus a comparable store sales decrease of 0.5% for the first quarter of fiscal 2009. Co says " we expect our first quarter adjusted diluted earnings per share, before goodwill impairment, restructuring and other charges, and loss on extinguishment of debt to be better than the $0.29 per share top end of our prior guidance range of between $0.11 and $0.29 that we provided in our November 18, 2009 press release, and a significant projected improvement versus comparably adjusted diluted earnings per share of $0.04 for the first quarter of fiscal 2009. We also expect our first quarter GAAP diluted earnings per share to be better than the $(0.19) loss per share top end of our prior GAAP earnings per share guidance range of a loss of between $(0.19) and $(0.38)..."

06:09

SSI Stage Stores reports Dec Same Store Sales of -2.2% vs -4.9% Briefing.com Consensus (12.26 )

Co says " We are pleased with our December sales performance and expect sales for the fourth quarter to be well within our comparable store guidance range of down 4% to 7%. Based on strong gross margin results after the first nine weeks, we expect that earnings per share will be at or near the high end of our guidance range of $0.56 to $0.66 for the fourth quarter (consensus is $0.61) and $0.59 to $0.69 for the year."

06:07

YGE Yingli Green Energy signs agreements to supply 30 MW of PV modules to customers in Spain (17.97 )

Co announces it has signed five sales agreements with customers in Spain. Under these sales agreements, in 1H10 the co is expected to supply a total of approx 30 MW of PV modules to be installed in ground-mounted power plants and commercial roof-top systems.

06:04

RRC Range Resources updates financial position (53.00 )

Co provided an update of its financial position including its year-end debt balance, liquidity and current hedge position. At December 31, 2009, Range had $1.71 bln of total debt, $83 mln less than at year-end 2008. Debt at year-end 2009 included $1.38 bln of 10-year subordinated notes and $324 mln of bank debt. Range has a current revolving bank credit facility borrowing base of $1.50 bln and a binding credit facility commitment of $1.25 bln. At year-end 2009, Range had $926 mln of liquidity under the bank credit facility. The first maturity of the subordinated notes occurs in 2013, while Range's bank credit facility matures in late 2012. For 2010, Range currently has 69% of its anticipated natural gas production hedged at an average floor price of $5.53 per mbtu and average cap price of $7.33 per mbtu. For 2011, Range currently has 12% of its anticipated natural gas production hedged at an average floor of $6.00 per mbtu and an average cap of $7.50 per mbtu. All of Range's hedges are simple collars and contain no knockout provisions.

02:35

FRX Forest Labs and Almirall announce positive results from the ACCORD COPD I Ph. III study of aclidinium in Chronic Obstructive Pulmonary Disease (31.91 )

Co and Almirall, SA announce positive top-line results from ACCORD COPD I, a three-month Phase III study comparing aclidinium 200 g and 400 g BID vs placebo. Aclidinium bromide produced statistically significant changes from baseline in morning pre-dose FEV1 vs placebo at week 12, which was the primary endpoint for the study. Changes from baseline values in morning trough FEV1 compared to placebo were 86mL and 124 mL for the 200 g and 400 g BID groups, respectively. This is the first of three pivotal Phase III studies investigating the BID administration of aclidinium in COPD patients. Aclidinium was well tolerated in this study. The percentage of patients reporting adverse events and serious adverse events was similar across the study treatment arms.

02:05

TEVA Teva Pharma announces settlement agreements with AstraZeneca regarding generic Prilosec and Nexium (57.20 )

Co announces that it has entered into two definitive agreements with AstraZeneca (AZN) to settle patent litigation regarding Teva's U.S. generic versions of AstraZeneca's Prilosec and Nexium, including all claims for patent infringement and damages. Under the terms of the omeprazole agreement, Teva will obtain a release for all past sales of its generic omeprazole and will continue to market its product in the U.S. and will make a one-time payment to AstraZeneca. As part of the esomeprazole agreement, AstraZeneca has granted Teva a license, subject to regulatory approval, to enter the U.S. market with its generic esomeprazole delayed-release capsules on May 27, 2014, or earlier in certain circumstances. Additional details were not disclosed.

01:49

HTRN HealthTronics increases Endocare guidance (2.44 )

Co announces that it has updated its financial guidance with respect to the impact of the acquisition of Endocare. Prior guidance was a positive EBITDA contribution of $1.0 to $1.5 mln in 4Q09 and an annualized EBITDA contribution of $6.0 to $7.0 million by the end of 1Q10, each excluding one-time charges. The updated guidance is as follows: Positive EBITDA contribution from Endocare of approx $2.75-3.25 mln in 4Q09, excluding one-time transaction related expense comparable to that incurred in the third quarter. Also, co sees positive EBITDA contribution from Endocare of $11-13 mln in 2010, with the large majority of transaction related expenses having been incurred in 2009.

01:46

CHRD CDC Software proposes to buy outstanding shares of Chordiant Software for $3.46/share in cash/stock (3.33 )

CDC Software (CDCS 11.15) announces that it has delivered this morning a proposal to Chordiant Software to acquire all the outstanding shares of Chordiant in a cash and stock transaction valued at $105.1 mln, or $3.46 per share. CDCS expects combination would be accretive immediately to EPS.

01:41

On The Wires

Chevron (CVX) announces that its Australian subsidiaries and Nippon Oil have signed a Heads of Agreement for the delivery of 0.3 mln metric tons per year of liquefied natural gas for 15 years from the Chevron-operated Gorgon Project in Western Australia... Beazer Homes USA (BZH) announces that it has priced its previously announced offering of $50 mln aggregate principal amount of its 7 1/2% Mandatory Convertible Subordinated Notes due 2013.. Energy Recovery (ERII) announces that Dr. Richard L. Stover, chief technology officer and senior vice president of aftermarket, is leaving Energy Recovery to pursue other endeavors... Advanced Semiconductor Engineering (ASX) announces unaudited consolidated net revenues increased 109.8% to NT$ 8.7 bln; revenues increased 0.1% from November 2009. 4Q09 revenues increased 43.6% from 4Q08... AU Optronics (AUO) announces its preliminary consolidated December 2009 revenue of NT$37,104 mln, down by 3.4% from the previous month but up 151.8% from the same period last year. For the year ended December 31, 2009, unaudited consolidated revenue totaled NT$359,599 mln, resulting in a 15.2% year/year decrease.

18:00

CE Celanese announced that it will increase the price of all emulsions in North America effective Feb. 1, 2010, or as contracts allow (34.37 +0.37)

17:57

CITP Comsys IT Partners raises Q4 EPS and revs guidance above consensus (9.14 -0.02)

Co raises Q4 EPS to $0.25-0.30 vs. First Call dual-analyst est of $0.17, up from prior $0.13-0.18; raises revs to $170-175 mln vs $164.3 First Call dual-analyst est, up from $161-166 mln. Co says, "The strengthening activity levels that we reported on in late October have continued through November and December, and we also expect to report a sequential increase in gross margins due to higher margins in our core staffing business and increased fee income in TAPFIN. As a result, earnings per share should be well above our previous range notwithstanding our continued spending in the fourth quarter on the business initiatives we have commented on throughout the year. Cash flow in the fourth quarter was also better than expected and we ended the year with less than $40 mln of debt."

17:49

TIV Tri-Valley CEO to hand over reins to President and COO (2.09 +0.04)

Co announced another step in its management succession plan. Mr. F. Lynn Blystone will transfer his chief executive officer title and responsibilities to Maston N. Cunningham now president and chief operating officer on or before March 31, 2010. Cunningham, a 22 year veteran executive with various units of Occidental Petroleum, finished his Oxy career as president and general manager of Occidental Ecuador before taking early retirement. He joined Tri-Valley as vice president of corporate development in January, 2009 and was given increasing responsibilities in concert with the Company's management succession plan established by Mr. Blystone and the Tri-Valley Board of Directors.

16:55

DBLE Double Eagle Petro Reports Fourth Quarter and Annual Production Results at the Company's Catalina Unit (4.59 -0.01)

DBLE announced that the co has achieved record quarterly gross production from its operated Catalina unit of ~2.5 Bcf for the fourth quarter of 2009, an increase of 11% versus the same prior year quarter. For Calendar year 2009, gross production from the Catalina unit was ~10.3 Bcf versus 6.8 Bcf for the year ended December 31, 2008, an increase of 51%.

16:36

TSRA Tessera Tech resumes trading (23.39 -0.67) -Update-

16:35

INSP InfoSpace resumes trading (9.52 +0.42) -Update-

16:31

BAS Basic Energy Services reports selected operating data for December 2009 (10.48 +.88)

During the month, BAS added four newbuild well servicing rigs and retired 12 rigs, decreasing its well servicing rig count to 405 as of December 31, 2009. Well servicing rig hours for the month of December 2009 were 39,100 producing a rig utilization rate of 39%, a decrease from 41% and 51% recorded in November 2009 and December 2008, respectively. Drilling rig days for the month of December 2009 were 169 producing a rig utilization of 61%, an increase from 48% in November 2009 and a decrease from 66% in December 2008. BAS's fluid services truck fleet count decreased by a net of one truck bringing its total to 791 trucks as of December 31, 2009.

16:31

CFN CareFusion announces exchange offer for 4.125% senior notes due 2012, 5.125% senior notes due 2014, and 6.375% senior notes due 2019 (24.80 +0.14)

The co announces that it has commenced an offer to exchange any and all of its outstanding $250 million aggregate principal amount of 4.125% Senior Notes due 2012, $450 million aggregate principal amount of 5.125% Senior Notes due 2014, and $700 million aggregate principal amount of 6.375% Senior Notes due 2019 for new 4.125% Senior Notes due 2012, new 5.125% Senior Notes due 2014, and new 6.375% Senior Notes due 2019 that have been registered under the Securities Act of 1933, as amended.

16:30

WEL Boots & Coots awarded secure and salvage project from ONGC (1.75 +0.05)

Co has been awarded a new secure and salvage project under its Safeguard contract with the Oil and Natural Gas Corporation of India (ONGC). The operation consists of recovering a subsea blowout preventer (BOP) stack in approximately 740 feet of water under 6000 psi of pressure.

16:28

VVUS Vivus to host conference call and webcast discussion of results from Phase 2 study of Qnexa in obstructive sleep apnea (9.23 -0.09)

The co plans to announce the results from a phase 2 study evaluating the safety and efficacy of Qnexa, for the treatment of obstructive sleep apnea (OSA), on January 7th prior to market open. The announcement will be followed by a webcast and conference call at 8:30 a.m. Eastern time.

16:28

IVR Invesco Mortgage Capital announces public offering of 7 mln shares of common stock (22.85 +0.06)

Co has granted the underwriters a 30-day option to purchase up to an additional 1,050,000 shares of common stock to cover over-allotments. The co expects to use the net proceeds from this offering to make additional acquisitions of residential and commercial mortgage-backed securities and mortgage loans, on a leveraged basis, and other general corporate purposes... Invesco Mortgage Capital is externally managed and advised by Invesco Advisers, a subsidiary of Invesco Ltd. (IVZ).

16:27

FIX Comfort Sys USA announces acquisitions (12.77 +0.19)

The co announces that it has acquired Acorn Industrial, located in Raleigh, North Carolina, and Dillingham & Smith Mechanical and Sheet Metal Contractors, located in Nashville, Tennessee. The Company also announced that it has recently added smaller operations to existing Comfort Systems USA operations in Kentucky, Montana and upstate New York. Acorn specializes in complicated new and retrofit construction projects, including work for educational, institutional and industrial clients throughout the Raleigh/Durham area. Dillingham is a well-established mechanical services company that derives a majority of its revenues from ongoing service relationships and retrofit work. The new tuck-in operations bring strategic additions of new capabilities and geographies to three perennially successful existing locations. Taken together, these new companies reported revenues in 2009 of approximately $45 million at profitability levels that are expected to be roughly equivalent to those generally earned by Comfort Systems USA.

16:18

ID L-1 Identity Solutions sees Q4 revs of $160 mln vs $185.15 mln First Call consensus; reaffirms FY10 revs of $750-775 mln vs $759.90 mln First Call consensus (7.36 +0.13) -Update-

The co says based on a preliminary review of fourth quarter 2009 results, the Company expects revenue for the quarter ended December 31, 2009 of approximately $160.0 million (First Call Consensus $185.2 mln) and Adjusted EBITDA of $23.0 million - $25.0 million. The decrease from previously announced expectations of revenue between $180.0 million - $190.0 million and Adjusted EBITDA of $30.0 million to $35.0 million is due primarily to the delay in the award of an enterprise license with an existing U.S. customer. Less than anticipated revenues on an enrollment services program also contributed to the lower sales number. "While we are disappointed with the preliminary results, we have achieved several important milestones in the fourth quarter and throughout 2009 that validate our strategic vision and position L-1 for success in 2010 and beyond," said Robert LaPenta, Chairman, President and CEO of L-1 Identity Solutions... The Company expects to end the year with $1.3 billion in backlog. Preliminary expectations provided for the full year ending December 31, 2010 remain unchanged at revenue of between $750.0 million - $775.0 million (First Call Consensus $759.9 mln) and Adjusted EBITDA of approximately $110.0 million - $120.0 million.

16:18

BBBY spikes 7% to ~$42 following earnings beat and upside Q4 EPS guidance

16:17

BBBY Bed Bath & Beyond beats by $0.15, beats on revs; guides Q4 EPS above consensus (39.23 +0.56)

Reports Q3 (Nov) earnings of $0.58 per share, $0.15 better than the First Call consensus of $0.43; revenues rose 10.8% year/year to $1.98 bln vs the $1.9 bln consensus. Co issues upside guidance for Q4, sees EPS of $0.67-0.71 vs. $0.62 consensus.

16:15

EPD Enterprise Products announces it has commenced a 9.25 mln share common unit offering (33.08 +0.06)

16:14

BLUD Immucor beats by $0.02, beats on revs; reaffirms FY10 EPS guidance, revs guidance (20.64 +0.31)

Reports Q2 (Nov) earnings of $0.28 per share, $0.02 better than the First Call consensus of $0.26; revenues rose 13.2% year/year to $82.6 mln vs the $79.1 mln consensus. Co reaffirms guidance for FY10, sees EPS of $1.10-1.17, which includes the approximately $0.05 per share to $0.06 per share impact, net of tax, related to the Quality Process Improvement Project. vs. $1.15 consensus; sees FY10 revs of $322-332 mln vs. $329.99 mln consensus and consolidated gross margins in the range of 70.0% to 71.5%.

16:14

RT Ruby Tuesday beats by $0.03, beats on revs; guides FY10 EPS in-line (7.65 +0.22)

Reports Q2 (Nov) earnings of $0.01 per share, $0.03 better than the First Call consensus of ($0.02); revenues fell 5.6% year/year to $273.5 mln vs the $267.4 mln consensus. Co issues in-line guidance for FY10, sees EPS of $0.50-0.60 vs. $0.57 consensus.

16:12

CBK Christopher & Banks misses by $0.02, reports revs in-line (7.66 +0.19)

Reports Q3 (Nov) earnings of $0.19 per share, $0.02 worse than the First Call consensus of $0.21; revenues fell 7.7% year/year to $132 mln vs the $132 mln consensus. CBK comparable store sales are expected to decline in the high single digits for Q4 of FY10 as compared to last year's Q4. The co expects to recover a significant portion of gross margin in Q4 as compared to last year's fourth quarter and now expects the overall gross margin rate for FY10 to be slightly higher than in FY09.

16:10

BMTI Biomimetic Therapeutics Strengthens its Agreement with Novartis for Exclusive Supply of rhPDGF-BB (12.04 +0.08)

Co announced that effective December 31, 2009, it amended and restated its manufacturing and supply agreement with Novartis Vaccines and Diagnostics, Inc. for the supply of bulk rhPDGF-BB to BioMimetic. The agreement sets forth a clear and strengthened mutual exclusivity commitment whereby Novartis shall manufacture rhPDGF-BB exclusively for BioMimetic for therapeutic applications covering bone, cartilage, tendon and ligaments. Under the revised agreement, the contract was extended by three years with successive three year evergreen extension periods. Further, either company must give a six month termination notice in any extension period if they wish to discontinue the agreement for any reason. In the event that Novartis terminates the agreement, or if BioMimetic terminates the agreement for cause, Novartis is required to support technology transfer by providing to a new manufacturer all Novartis technology and supporting documentation necessary to produce bulk rhPDGF-BB and to supply BioMimetic sufficient bulk rhPDGF-BB to fulfill its needs during the technology transfer process. Finally, the companies reduced certain minimum purchase obligations through 2011, by which time the parties anticipate that BioMimetic's Augment will be FDA approved for orthopedic applications.

16:10

THG The Hanover Insurance Grp names Steven Bensinger Executive Vice President and Senior Financial Officer (44.62 +0.03)

The co announces the appointment of Steven Bensinger as executive vice president and senior financial officer. Bensinger joined The Hanover today and will be appointed chief financial officer in March, replacing Eugene Bullis, who will retire later this year.

16:10

INSP InfoSpace raises Q4 guidance, sees revenue of $69-$70 mln vs. $58.47 mln consensus (9.52 +0.42) -Update-

Co raises guidance, sees Q4 revenue of $69-$70 mln vs. $58.47 mln consensus and vs. prior guidance of $57-$60 mln. Co also expects income before income taxes to be between $6.3-$7.5 mln compared to loss from continuing operations before income taxes of $6.8 mln in 4Q08; and Adjusted EBITDA to be between $10-$11 mln compared to Adjusted EBITDA of $3.7 mln in 4Q08. The company previously provided an estimate of Q4 income before income taxes of between $3.4-$4.4 mln and Adjusted EBITDA to be between $7.4-$8.4 mln. Co staes, "Our upward revisions are due to continued strength in our distribution business. During the quarter we saw stronger volume from both existing customers and newly launched accounts that contributed to the better than expected top line and gross profit."

16:09

RECN Resources Connect misses by $0.06, misses on revs (21.64 +0.18)

Reports Q2 (Nov) GAAP loss of $0.04 per share, $0.06 worse than the First Call consensus of GAAP $0.02; revenues fell 36.1% year/year to $121.5 mln vs the $124.1 mln consensus.

16:08

TSRA Tessera Tech sees Q4 revs of ~$56 mln vs $61.30 mln First Call consensus; sees Q1 revs of $59-61 mln vs $64.52 mln First Call consensus (23.39 -0.67) -Update-

The co announces preliminary total revenues of approximately $56.0 million (First Call Consensus $61.3 mln) for the fourth quarter ended Dec. 31, 2009. This compares to the previous fourth quarter 2009 guidance of between $60.0 million and $62.0 million in total revenues. "Actual royalties for the fourth quarter of 2009 from two of our larger Micro-electronics customers came in lower than our forecast. As a result, we expect our preliminary Micro-electronics revenue will be approximately $48.5 million," said Henry Nothhaft, chairman and chief executive officer, Tessera. "This compares to the previous fourth quarter Micro-electronics revenue guidance of between $53.0 million and $54.0 million. We expect our total Imaging & Optics revenue will be approximately $7.5 million, within the previous guidance range of $7.0 million to $8.0 million."... First quarter 2010 total revenues are expected to range between $59.0 million and $61.0 million (First Call Consensus $64.5 mln). First quarter 2010 Micro-electronics revenue is expected to range between $51.0 million and $53.0 million, all of which will be royalty and license related. Tessera has two major DRAM customers with volume-based pricing incentives that will impact the company's revenue in the first quarter of 2010.

16:06

MYGN Myriad Genetics partners with Mammography Reporting Systems to increase identification of high risk breast cancer patients (26.92 +0.35)

Co announces that it has entered into an agreement with Mammography Reporting System to help increase the identification of patients at high risk for hereditary breast cancer. Under the terms of the agreement, MRS will incorporate "risk flags" for hereditary breast cancer risk in their breast cancer tracking software. This will enable medical professionals at mammography screening centers throughout the country to identify patients who would benefit from hereditary breast cancer testing using Myriad's BRACAnalysis breast cancer predisposition test.

16:06

WBSN Websense announced upside Q4 billings; reports billings of approximately $118 mln vs. guidance of $106-116 mln (17.54 -0.17)

Co announced Q4 billings of approximately $118 mln and full year 2009 billings of approximately $352 mln. Billings guidance was $106 to $116 mln for the fourth quarter and $340 to $350 mln for the year. Average contract duration was approximately 24 months for the fourth quarter of 2009. Currency exchange rates had a positive impact on billings of approximately $4 mln in the fourth quarter of 2009 compared to the prevailing currency exchange rates in effect during the fourth quarter of 2008. Fourth quarter contract duration and currency exchange rates were both consistent with the company's expectations and assumptions communicated when billings guidance was provided in October 2009. Cash flow from operations for the fourth quarter is expected to exceed $25 mln, generating full year operating cash flow in excess of $90 mln, compared to guidance of more than $80 mln. "We saw strong demand for our new Web Security Gateway and appliances, combined with historically consistent renewal performance for our legacy web security and filtering solutions... We have, for five quarters now, seen growing demand for our strategic products in both our installed base and with new customers, and we are confident this trend will continue. Incremental business, which consists primarily of our market leading Web security gateway, SaaS security and data loss prevention solutions, was approximately $31 mln in the quarter, compared to approximately $22 mln in the fourth quarter of 2008."

16:04

BYI Bally Technologies awarded enterprise-wide systems contract with Galaxy Entertainment Group in Macau (4.81 -0.19)

Co announces an enterprise-wide contract with Galaxy Entertainment Group to provide a comprehensive table, slot, and casino management system for GEG in Macau. The contract win comes after a competitive evaluation process. With this enterprise-wide contract award, Bally Systems are now the technology solution of choice for Asia-Pacific's largest multi-casino operators Sands China Ltd., GEG, and Sociedade de Jogos de Macau.

16:03

SMSC SMSC beats by $0.12, beats on revs; guides Q4 EPS in-line, revs in-line (23.07 +0.19)

Reports Q3 (Nov) earnings of $0.34 per share, $0.12 better than the First Call consensus of $0.22; revenues rose 3.6% year/year to $87.2 mln vs the $84.2 mln consensus. "Once again, SMSC's quarterly revenue, non-GAAP gross margin and non-GAAP earnings all exceeded our expectations. This was the result of both improving conditions in the end markets we serve and market share gains. Sales grew in all of our served geographies. PC sales were healthy but enterprise spending has yet to rebound. Both our portable and analog ASSP product lines achieved record revenues in the third quarter of fiscal 2010 and our automotive sales more than doubled from the low point of the downturn. Though we are moving into our seasonally low period, we are encouraged by the apparent health of the semiconductor supply chain and expect to continue to grow market share as we enter the new calendar year." Co issues in-line guidance for Q4, sees EPS of $0.10-0.12 vs. $0.11 consensus; sees Q4 revs of $78-82 vs. $77.41 mln consensus.

16:03

RUE rue21 raises Q4 guidance, sees Q4 EPS of $0.28-0.30 vs $0.20 First Call consensus (29.55 +1.79) -Update-

The co announces its is raising its guidance for the fourth quarter of fiscal 2009 ending January 30, 2010. For the fourth quarter of fiscal 2009, the Company now expects diluted earnings per share to be in the range of $0.28 to $0.30 ($0.20 First call Consensus) as compared to its previous guidance range for diluted earnings per share of $0.17 to $0.20. The Company's improved guidance reflects stronger than anticipated total sales and gross margin for the quarter. The Company now expects total sales growth to be in the range of 26% to 28% for the fourth quarter of fiscal 2009. This compares to the Company's previous guidance of total sales growth in the low-20s range. Comparable-store sales for the fourth quarter are expected to increase in the mid-single digits on top of an increase of 11.2% for fourth quarter of fiscal 2008. This compares to the Company's previous guidance of a low-single digit increase for the fourth quarter of fiscal 2009.

16:01

ZGEN Zymogenetics announces proposed offering of 12,000,000 shares of its common stock (6.77 +0.13)

Co announces that it has commenced an underwritten public offering, subject to market and other conditions, of 12,000,000 shares of its common stock pursuant to an effective shelf registration statement.

16:01

BONDX Another Hit -16/32 3.825%...euro 1.4413...yen 92.3800

The market got a bit of a boost following the FOMC minutes from December with the short end leading higher, but it wasn't able to hold post-close with the long stuff collapsing back to pre-FOMC levels on the 10-yr. The 30-yrs got pummeled to the worst for 2010 with the 4.715% yield area in sight as jobs and inflation concerns weigh. The market is getting some added swing as trade remains light, even as stock size reportedly appears to have picked up some. The market will be staring down the next batch of supply announcements tomorrow, with likely near-record levels to be offered the following week. The weight of supply combined with improving labor and worsening inflation expectations will not help the longer end at all. The curve was swung back to near the record steep levels with the 2-10-yr yield spread running 282.3. The dollar was under pressure through much of the session, stalling near 77.50 late while the euro was able to hold near 1.4410 after a brief trip to 1.4435. The yen got back a little ground on the buck but remains near it recent worst levels will likely be stalled through to the jobs report. The VIX has come off to the lowest levels since August 2008, with an eye to 18.60. The data due tomorrow should only add to positive employment sentiment as the jobless claims are expected to hold under the big 500K point and continuing claims to fall off further (8:30). Fed-speak will see SL's Bullard overnight (02.30), Boston's Rosengren (10), and Richmond's Lacker late (13:35).

16:01

MCRS Micros Systems acquires TIG Global, expanding web services portfolio for hospitality industry (32.07 )

The co announces announce the acquisition of TIG Global, one of the leading interactive marketing companies for the hospitality and travel industries worldwide. TIG Global is headquartered in the Washington, DC metro area, and serves the online needs of a diverse portfolio of clients located around the world.

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