ICO Global & DISH Networks Enter into Implementation & Restructuring Support Agreements Regarding DBSD North America Reorgani...
15 Marzo 2011 - 3:15PM
Business Wire
ICO Global Communications (Holdings) Limited (NASDAQ: ICOG)
(“ICO”) announced today that it has entered into a Restructuring
Support Agreement and Implementation Agreement with DISH Network
Corporation (NASDAQ: DISH) (“DISH”). Pursuant to these agreements,
ICO has agreed to support a proposed amended Investment Agreement
between DISH and ICO’s subsidiary, DBSD North America, Inc.
(“DBSD”), has granted to DISH options to acquire certain ICO
assets, and has agreed to grant to DBSD certain spectrum priority
rights. These agreements do not diminish or otherwise alter ICO’s
obligations to Jay & Jayendra (Pty) Ltd, nor do they affect in
any manner ICO’s ongoing litigation with The Boeing Company and its
subsidiary, Boeing Satellite Services, Inc. ICO retains all rights
to such litigation.
As contemplated by these agreements, DISH will, later today,
seek approval of the amended Investment Agreement by the United
States Bankruptcy Court for the Southern District of New York (the
“Bankruptcy Court”). Under the terms of the amended Investment
Agreement and related plan of reorganization, DISH will offer to
purchase all of the outstanding secured debt in DBSD and will agree
to pay all outstanding unsecured creditor claims in full.
As consideration for ICO’s commitments under these agreements,
DISH will pay ICO approximately $324.5 million, with $35 million
paid within five days after Bankruptcy Court approval of the
amended Investment Agreement, and all but $10 million of the
remainder paid approximately thirty days after such approval.
If the Bankruptcy Court approves the amended Investment
Agreement between DBSD and DISH, ICO will enter into a tax matters
agreement with DISH that defines various tax‐related obligations
and commitments. The tax matters agreement will not have any
significant impact on ICO’s existing or future net operating
losses. In addition, if DBSD emerges from bankruptcy pursuant to
the terms of the related plan of reorganization, ICO will
facilitate DBSD’s transition from bankruptcy by entering into a
license and radio spectrum coordination agreement with DBSD and a
transition services agreement with DBSD.
About ICO
ICO is based in Kirkland, Washington. For more information,
visit www.ico.com. ICO’s common stock
is publicly traded on NASDAQ under the ticker symbol ICOG.
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