UPDATE: CIT Announces Amended Restructuring Plan
17 Ottobre 2009 - 6:35AM
Dow Jones News
Negotiations between CIT Group (CIT), the troubled commercial
lender, and a steering committee of bondholders and some aggrieved
investors went down to the 11th hour before the company announced a
series of amendments to a sweeping debt-exchange and a prepackaged
bankruptcy plan.
The amended terms of the restructuring plan include, among
others: a comprehensive cash sweep mechanism to accelerate the
repayment of the new notes; the shortening of maturities by six
months for all new notes and junior credit facilities; an increased
amount of equity offered to subordinated debt holders reflecting
agreements with holders of the majority of its senior and
subordinated debt; the inclusion of the notes maturing after 2018
that had previously not been solicited as part of the exchange
offer or plan of reorganization; an increase in the coupon on
Series B Notes, to 9% from 7%, being issued by CIT Delaware
Funding; and provided preferred stock holders contingent value
rights in the plan of reorganization, and modified the allocation
of common stock in the recapitalization after the exchange offers,
as part of an agreement with the United States Department of
Treasury.
The changes were announced in a statement released about 40
minutes before the midnight deadline. The amendments have been
approved by CIT's Board of Directors and the bondholder steering
committee.
The aim of the debt exchange, announced Oct. 1, is to get
holders of about $31 billion in bonds to cut this debt by at least
$5.7 billion and to extend the debt maturities. At the same time,
CIT is asking bondholders to vote on a prepackaged bankruptcy
plan.
Under the exchange, owners of CIT's bonds would get new secured
debt worth as much as 90 cents on the dollar if they currently own
bonds that mature this year, but would end up with less new debt
and more equity if they own bonds maturing later.
At least two groups of investors were pushing for the company to
improve the terms of its debt exchange and what they had been
offered in a bankruptcy. Some holders of CIT's longer-dated
subordinated bonds were pressing for more equity or a contingent
variable payment, to be made depending on how the company performs
after restructuring.
Also, holders of bonds issued by Delaware Funding, the Canadian
unit of CIT were pushing for better terms in a bankruptcy.
Under the terms of these bonds, owners are entitled to recover
money from the U.S.-based parent company as well as from Canadian
assets and could get close to 100 cents on the dollar if CIT files
for bankruptcy protection.
Typos in the original offering memorandum, which came to light
late Thursday night, had threatened to stymie negotiations with
owners of CIT's longer-dated junior subordinated bonds. One of the
mistakes under discussion concerned how much equity in the
restructured entity owners of CIT's 6.10% junior subordinated notes
due March 15, 2067, would receive in the restructured entity. The
sticking point was how much equity was offered to holders of the
junior subordinated bonds in the first place because there was a
discrepancy of one-tenth of a percentage point in the offer
documents.
CIT, one of the largest lenders to thousands of small and
medium-size businesses, historically has relied on the capital
markets--bonds and short-term debt called commercial paper--for its
funding. The credit freeze, however, shut out CIT and other lenders
from these markets and CIT has been battles to restructure its debt
ever since and stave off bankruptcy.
Investors have until 11:59 p.m. EDT on Oct. 29 to tender their
bonds under the restructuring plan that was orchestrated by some
members of the bondholders' steering committee--Oaktree Capital
Management, Centerbridge Partners and Capital Research &
Management--in consultation with CIT management. The additional
notes maturing after 2018 have an early acceptance date of Oct. 29,
2009 and expiration date of Nov. 13, 2009.
CIT shares closed down 5.08% at $1.12.
-By Kate Haywood, Dow Jones Newswires; 212-416-2218;
kate.haywood@dowjones.com