Showing posts with label Xenergy. Show all posts
Showing posts with label Xenergy. Show all posts

Tuesday, September 2, 2014

Fertittas Walk Away From Xyience & Xenergy With Big Red Buyout

By: Rich Bergeron

Inside sources at Xyience, Incorporated broke the news to me last week that the company would soon be sold off to Big Red, based in Austin, Texas. Employees will apparently not be receiving severance packages, and early indications are that the beverage company buying out the brand will not seek to enter into the supplement business. This means only the Xenergy line of energy drinks will remain under the Xyience label. I held off on publishing the news immediately due to a promise of more intelligence if I let it go a few days. Then, the Las Vegas Review Journal forced my hand today with THIS REPORT.

The sudden washing of their hands of the former supplement giant known for sponsoring Chuck Liddell in happier days is par for the Fertitta course. It comes as no surprise that Lorenzo and Frank would bail on the company in this fashion. It certainly is ironic, though. It was actually disgraced Xyience Founder Russell Pike who originally came up with the idea to hype up the Xenergy line in the hopes of selling it to a major bottling outfit. Pike wanted Pepsi or Coke to come in with a multi-million dollar offer to take over Xenergy and transform it into a wholly unique company. The Fertittas obviously fell short of that lofty goal (maybe it had something to do with something Dana White once said), possibly banking on their Galveston, Texas roots and other family connections in Texas to ink the new deal that allows them to walk away from this boondoggle.

Other whispers from the final days of the Fertitta-run Xyience indicate that marketing studies showed Xenergy is being sold to more mainstream non-UFC-fans than ever. This reality also means the end of UFC sponsorship deals with Xyience and Xenergy.

One thing the company managed to do well over the last few years is in the realm of building distribution agreements for their sugar-free energy drink. Since the heady "Monica" days at Xyience, Xenergy's always been easier for the company to market than the supplement lines. Insiders who are aware of the Fertitta walkout point to profitability, or lack thereof, as an issue for the whole conglomerate. Lorenzo Fertitta in particular, one of the principles at Fertitta Enterprises (which holds the official, albeit obscured, ownership position over Xyience), is reportedly growing tired of losing $5 million a year.

This is the end of another monumental scam for the Fertittas, who just barely escaped serious liability in a lawsuit brought against them by the U.S. Trustee in bankruptcy court. The scheme that drove Xyience just far enough into the ground for the billionaire casino barons to take the whole thing over is now officially in the rear view mirror of their Rolls Royce. The roadmap's been painfully obvious to people like me from the very beginning, but somehow the local boys made good managed to avoid culpability and accountability for the mess they ultimately left behind by their selfish actions throughout the whole process. Let's not forget the hundreds of innocent shareholders who saw their investments turn to dust thanks to the way the Fertittas swept in and turned the whole operation into another sad example of vulture capitalism.

Though I took some small consolation from Fertitta Attorney Greg Garman telling a judge at my final hearing that my reporting has caused his clients multiple headaches with the gaming authorities in Nevada, it is even more comforting to know the Fertittas never could get Xyience buzzing again under their leadership. Maybe they will finally come to realize they would have been better off doing everything above board. I know, fat chance on the "Come to Jesus" moment ever happening for these scum-of-the-Earth con artists.

The bottom line is there won't be any former Xyience investors waiting for the final closing of this deal to cash in on what they put their life savings behind so many years ago. The Fertittas will be another couple of fat cats getting fatter when they deposit the final checks that bail them out from this disaster they constructed and created out of sheer, callous greed. Perhaps it will all go to pay for another yacht, another private jet, or another summer getaway they can jet off to when everyday life gets too real. Whatever the final sale price is, it is a crying shame that none of it will go to the honest folks who actually put the brand on the map with their hard-earned money from decades of the kind of hard work the Fertittas themselves will never be able to relate to. Whoever said liars and cheaters never win probably never met Lorenzo and Frank Fertitta III.

We'll have more details as they come to light on this blockbuster transaction.  


Saturday, February 16, 2013

The Choice of a NOS Generation

By: Rich Bergeron


It's only fitting that Xyience's star is falling and the brand is collapsing into debt just as Coca Cola's NOS brand of energy drinks cements a spot as the top sponsor of The Ultimate Fighter. TUF is the show that put Xyience on the map in the first place, so it's a strange coincidence.

News is trickling in lately surrounding the stable of fighters Xyience once sponsored, and it sounds like Xyience and Xenergy are at DEFCON X. Virtually all of the current UFC fighters on "Team Xyience" were cut from their sponsorship deals in recent days and weeks, and inside sources say the company owes at least 1.5 million dollars to Cott, the beverage giant responsible for creating and canning Xenergy. Without a bailout from the same Fertitta Family that owns the majority of the UFC, the company could be headed for a second bankruptcy or a fire sale. Fertitta Enterprises still owns and operates the brand, but a recent ultimatum from Frank Fertitta III and Lorenzo Fertitta forced the brand to make attempts to stand on its own without further financing from the billionaire brothers.

Inside sources also report that the Fertittas and UFC President and Part-Owner Dana White recently tried to convince Coca Cola's NOS brand to replace Xenergy as an official UFC sponsor. Right now NOS does not appear in any other octagon outside of the one on the TUF series. It's a relationship that the company fostered more with the Fox network than with the UFC itself. Yet, Dana is always drinking from his can of NOS whenever the show's camera crew catches him with one in hand. That's pretty interesting considering in past years fighters were sometimes caught "drinking" from closed Xyience cans. Dana's can is always open, much like his mouth.

What makes the NOS connection even more interesting is the fact that only a little less than six years ago, Dana White was telling NBC Sports that the UFC didn't need Coke's sponsorship:

“I’m cool with Mickey’s and Toyo Tires, man, believe me, you’ll never hear me bitch. The way that we’ve run this business and the way we have come up, think about it… we didn’t have any mainstream press, we didn’t have any mainstream sponsors, and look at how huge we are. I don’t ******* need Coke to keep doing what we’re doing, man. Believe me, the big time sponsors if they come on, of course that’d be fantastic. I don’t need ‘em. 18-to-34 year old males, they’re here hanging out with me. If Coke wants them, Coke needs to come to us.”

Suddenly it seems that White's words have come back to haunt the UFC, and apparently Coke still holds a grudge and won't bite on the league's multi-million dollar price tag to move their branding beyond the reality show. They don't need actual UFC fighters to flaunt their brand, either. The same tired commercial featuring a flashy, overconfident MMA fighter getting dropped with one punch is the new standard for NOS when it comes to marketing to the TUF fan base. And you can tell the winner of the fight in the commercial is really drinking from the can in the TV spot. He chugs it so fast, much of it ends up dripping down his face. Another jab at the UFC, although it seems unintentional, is the fact that the whole made-for-TV fight happens inside a ring, not a cage.

The Fertitta-run Xyience is in crisis mode these days, recently laying off multiple sales personnel and leaving the rest of the staff in fear of an imminent implosion. The company the Fertittas surreptitiously acquired by stealing it out from under hundreds of earnest investors is now a money pit. The Fertittas don't seem to want to spend the capital to keep the operation going despite getting a hold of the company for a song. It's the ultimate payback for all those shareholders who didn't get a dime out of the deal when the Fertittas purposely bankrupted the company and then retained ownership through a scandalous scheme involving former Cott executives pretending to enter into a serious purchase agreement only to later default on that deal.



For a little while the Fertittas made all the right moves to make the brand appear stable and ready to X-pand. Sponsorship deals with top-notch fighters like Jon Jones and Anthony Pettis appeared to be signs of the brand's resurgence as a key UFC sponsor. None of the fighters pictured above represent the brand any longer according to inside sources at the floundering supplement company. For Matt Serra, this marks the second time he's getting screwed for associating with Xyience. His prize for winning The Ultimate Fighter ended up getting wiped out by the company's bankruptcy, and he was the only fighter from that Xyience stable to come back to the brand before Chuck Liddell came out of Xyience retirement in recent months. Since Liddell's sponsorship agreement came with a pre-paid setup, he is among the last of the Mohicans still repping the brand. That's also fitting seeing as his initial Xyience sponsorship was one of the most lucrative deals in the history of the sport at the time of his first signing with the company.

The operation of Xyience once the Fertittas had control of it certainly betrays their attitude toward the fighters they employ in the UFC. It shows these silver-spoon billionaires just don't give a damn about the people who line their pockets. These recent developments illustrate an underlying selfishness on the part of the UFC's royal family that pervades everything they do. Xyience only mattered to them when it was a way to get a HUGE LOAN or a way to pay the UFC with the same money they used to get the chief lien position over the company just before they rigged the bankruptcy process to work in their favor.

At the moment my own legal battle with Xyience and the Fertittas is in limbo. I've been waiting for the right moment to ask for a final hearing on my remaining claim asking for millions of dollars in sanctions against the Fertittas and their associates who made the whole fraudulent bankruptcy possible by silencing my reporting. Should Xyience and Xenergy fold due to the Fertittas failing to put their own money up to bail their UFC sponsor out, it will be the perfect cap stone for the case I've built brick by brick and year by year to prove that Frank and Lorenzo Fertitta only wanted Xyience to be a going concern if it operated as a personal piggy bank. Without any way to siphon money off the brand or use the brand to make the UFC look better than it actually is, the Fertittas just don't need it. Sadly, this has been the trend as long as Xyience has been in business. It's been passed from one abusive management and ownership crew to the next. Everyone seems to find a way to smack it around and treat it like another red headed stepchild with no real identity or meaningful purpose for living and thriving.

What seems to get lost in translation to most of the fans who stumble onto this story is that there are real victims behind this ongoing scandal. As the saga continues to unfold the people who suffered most are only reminded of the savings they invested into the fledgling Xyience. They saw all their hard-earned dollars put into the company get wiped out by a couple of scumbag brothers who have way too much money to begin with. Some of the children of these victims had to forego college. For many, their retirement plans were catastrophically altered. The money some of them spent their entire lives putting away for a rainy day is just gone, flushed down the drain by the careless and ruthless actions of a couple of casino barons who had all their wealth passed down to them from Daddy Dearest. They will never know what it is to truly earn a paycheck, but those they victimized over the years to keep themselves healthy and wealthy will always know what it's like to lose everything and have to start over.  

Let it be known that the Fertittas just don't care about real people with real struggles. They don't have any genuine concern for their own fighters, and they don't get bent out of shape in ruining families just to make themselves a little richer. Making things right for every individual they burned in the Xyience bankruptcy would be a drop in the bucket for these two billionaires with their ever-growing business empires, but they choose to ignore the suffering and act like it never happened.

While I never rooted for Xyience to fail in the past, it seems to be sweet justice to see it failing now. I seriously doubt my fledgling BOYCOTT XYIENCE campaign made a dent, but I'm at least proud that I never really gave up the struggle to educate the public about who the Fertittas really are and where their motivations really lie. I will never forget the people who really put Xyience in position to be successful in the first place, and I will cherish the day I am allowed to put Frank and Lorenzo on the witness stand to answer some real hard hitting questions about the damage they've done and the lives they've destroyed in the name of pure greed.

In all honesty, I hope Xyience doesn't fail just yet. I hope that the Fertittas actually sink a few more million into trying to make it work. I hope they invest just enough so they wind up losing as much as the people they've screwed over the years have lost for believing the brand would be taken care of by the UFC owners. Now that would be real justice. Here's to hoping Karma catches up to these corrupt and spineless scamsters, so even if the burned Xyience shareholders don't get any financial relief they can at least get a little revenge...served with a cold can of Xenergy.   

Wednesday, June 13, 2012

BOYCOTT XYIENCE: SIGN OUR PLEDGE





Thursday, March 31, 2011

The Lennon Tapes

The following tape is from a conference call held with all Xyience employees who could attend by phone or in the room about what John Lennon, the Xyience, Incorporated President, called a distraction....emails to all employees about the company's past, it's history, and the $25 million suit against me all based on lies...

I just wanted to talk to Lennon, hear it straight from him. I actually told him if I didn't talk to him in person, I'd be talking to him in front of a judge, or something to that effect. Turns out that came true, and that's when we first spoke face to face. Those tapes will come later. For now, listen to Lennon sell the troops a few loose lines about who I am and what I do. The meeting starts about 9 minutes into the recording.

Sunday, July 11, 2010

AMENDED XYIENCE TRUSTEE COMPLAINT


Xyience, UFC and Zuffa Connection Exposed With Trustee Complaint in Nevada BK Court

XYIENCE OUSTED AS OFFICIAL UFC SUPPLEMENT

Some shifting around of advertising on the UFC mat made room for the Xyience logo once again at a few recent events despite the company's ongoing bankruptcy. Although their Xenergy drink might still be the official energy drink of the UFC, Xyience's reign as the UFC's official supplement sponsor has been cut short by a new kid on the block. Check out the following link to learn more:

BSN REPLACES XYIENCE AS OFFICIAL SUPPLEMENT OF THE UFC

In other news, Fight News Unlimited learned recently through some back channels that Xyience is finally honoring outstanding fighter sponsorships and recently began producing and distributing a complete product line once again. Only time will tell if the brand will recover enough to actually start sponsoring fighters yet again, too.

XYIENCE SHAREHOLDERS CONFERENCE LETTER

Fight News Unlimited recently received the following letter from one of our inside sources. We have been gathering new leads and hearing new rumors--such as the possibility Chuck Liddell may sue Xyience--to add to our series. Something is certainly peculiar with the lack of the Xyience name in recent advertising campaigns. The company's entire focus seems to have shifted to the Xenergy brand. Whatever the explanation for that tactic, the company is obviously up to something there. In addition to the following letter, dispatches and phone calls from Billy Pike (Russell Pike's autistic brother) have been coming in to sources and to Fight News Unlimited. Here is the most recent communication received from William Pike, Jr.:

"On 7/11/07, remor wrote:
Changed my mind! I wouldn't pay $5 for you co*@suckers to do anything...Give it up! You are worthless and useless and nobody wants your fu@#ing help you freaks! Why don't you paste this email on your site you fu&%up."

Certainly sounds like someone is a bit angry. At any rate, the following letter describes a shareholder's conference and mentions some interesting tidbits, giving the conference the aura of a forum to suck more funds out of the pockets of investors. Nobody really knows what Xyience has in mind as far as settling their debts, moving past the bevy of lawsuits they are involved in at the moment, and putting together an effective roadmap to go public. Whatever they have planned to get out from under their recent troubles, it is going to have to be a well-orchestrated, complicated, and comprehensive campaign to turn the sinking ship around. I wish all the current investors luck in receiving any real return on their investments.

XYIENCE SHAREHOLDERS' LETTER:

June 21, 2007

Dear Shareholders :

We are excited to hold the first Annual Investor Conference July 11th and
12th at the Red Rock Hotel & Casino in Las Vegas. As many of you know,
Xyience has gone through a number of changes in the past year both in terms
of leadership and shift in focus on business strategy with the launch of
Xenergy. As part of the new management team leading the company through its
next evolutionary phase, we wanted to take the opportunity to provide
shareholders with an update of the company's current status as well as
provide an overview of the long-term vision and strategic roadmap. On a
positive note, we are optimistic that the strength of our brand, the
reception of our products in the marketplace, and our relationship with the
UFC continues to bode well for the potential of becoming a leader in the
space. However, not unlike many start-up companies, we do continue to face
significant challenges -- both operationally and financially --
and we
believe this open communication is an important step in managing shareholder
expectations.

This conference will be a great opportunity for you to meet management, ASK QUESTIONS, and present concerns in smaller forums prior to The Annual
Shareholder Meeting which will take place sometime in the third quarter of
this year following completion of the Company's 2004-06 Financil Audit.

Wednesday, July 11th
------------------------------

Session #1 9:15 am - 10:45 am
Session #2 11:00 am - 12:30 pm
Session #3 1:00 pm - 2:30 pm

Thursday, July 12th
---------------------------

Session #1 9:15 am - 10:45 am
Session #2 11:00 am - 12:30 pm
Session #3 1:00 pm - 2:30 pm


We look forward to meeting you and the opportunity for you to learn more
about Xyience. Advanced reservation is required and ONLY current
shareholders are invited. Please contact Nina at 702-430-5400. Sessions are
limited to no more than 20 investors and they are on a first come , first
served basis.

Best Regards,

The Xyience Management Team